New Publication – Make It or Fake It

Posted by By at 16 September, at 11 : 51 AM Print

September 16, 2022


The menace of fake news and misinformation has puzzled regulators, policy makers and industry, across the globe. With no clear definition, the question of regulation will always be a tricky one. Should every kind of misinformation be penalized, or should it be a harm-based approach? How does one mitigate its spread? How do we curb it going forward?

In our recent paper, we set out to explore the potential strategies to tackle online misinformation in India. We discuss a variety of issues including what is misinformation, its magnitude and international approaches towards finding solutions. To this end, the Paper attempts to dissect the mechanics of online misinformation, and arrive at a conceptual framework for tackling various kinds of online falsehoods ranging from misinformation, to intentional and coordinated disinformation. The paper also undertakes a thorough sweep of applicable laws and policy approaches adopted in India and abroad, to identify potential gaps in the strategies adopted to fight online falsehoods.

Our research reveals that a multi-pronged approach, going beyond top-down imposition of regulation, is imperative. Taking a cue from global experience, While punitive approaches do have the potential to deter misinformation, such approaches would necessarily be limited by the quality and agility of enforcement. In the context of today’s fast moving information ecosystem, both the quality and agility of enforcement may fall behind the curve in tackling online dissemination of information. Successful approaches would need to leverage technology, require the Government to reimagine its role in tackling online misinformation, and most crucially, focus on early curriculum-level interventions prioritising critical reading and awareness around online misinformation.

We hope you find this paper useful.

Please click here to access our paper.

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Nishith Desai Associates (NDA) is a research based international law firm with offices in Mumbai, Bangalore, Silicon Valley, Singapore, New Delhi, Munich and New York.


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