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In a country where the concept of reincarnation is a cultural cornerstone, symbolism in religion abounds, and the film industry is renowned for its storytelling, the irony is striking that India lacks robust laws to combat digital media misinformation. Ironically, Star Trek addressed crimes committed in a past life, with irony as the show is now available to watch as an OTT show.
India’s enactment of the Bharatiya Nyaya Sanhita (BNS) Act, effective from July 1, 2024, marks a significant step in recognizing the evidentiary value of digital media in courts. While this advancement is commendable, it is insufficient in addressing the broader issues of misinformation, media manipulation, and digital accountability. The Act’s focus on evidentiary procedures is a step forward, but it overlooks the pervasive problem of misleading and harmful content on digital platforms, underscoring the need for more comprehensive Media and Digital Manipulation (MDM) laws.
Bharatiya Nyaya Sanhita (BNS) Act: Definition and Relevance
The Bharatiya Nyaya Sanhita (BNS) Act is a legislative measure that integrates digital media as admissible evidence in Indian courts. This move reflects an acknowledgment of the significant role digital media plays in contemporary communication and information dissemination. By allowing digital content, such as videos, social media posts, and digital documents, to be used as evidence, the BNS Act aims to streamline legal processes and ensure that justice keeps pace with technological advancements.
Key Features of the BNS Act:
- Recognition of New Crimes: The BNS recognizes new forms of crime pertinent to the digital age, ensuring that the legal framework remains relevant in the face of evolving technological landscapes.
- Forensic Investigations: The Bharatiya Nyaya Sanhita Sanchodhan (BNSS) mandates forensic investigations, ensuring that digital evidence is meticulously examined and authenticated.
- Digitization of Legal Processes: The BNS digitizes various legal processes, promoting efficiency and transparency within the judicial system.
- Handling of Evidence: The Bharatiya Sakshya (BSA) modernizes the way evidence is handled, explicitly welcoming electronic and digital records as valid forms of proof in legal proceedings.
Limitations of the BNS Act
The BNS Act’s primary achievement lies in its acknowledgment of digital media’s role in legal processes. By allowing digital content to be admissible in court, the Act aims to streamline justice and reflect the modern digital landscape. However, it fails to address the critical issue of misinformation. Digital media’s power can be a double-edged sword; while it facilitates the swift dissemination of information, it also enables the rapid spread of falsehoods and malicious content.
The Need for MDM Laws
To build a robust digital media environment, India must introduce comprehensive MDM laws that specifically target misinformation and digital manipulation. Such laws should include:
- Clear Definitions and Penalties: Establishing precise definitions of misinformation, disinformation, and malinformation, coupled with appropriate penalties, is crucial. This would deter individuals and organizations from spreading false information and hold perpetrators accountable.
- Verification Mechanisms: Implementing robust verification mechanisms for digital content can help identify and flag false information. Partnerships with tech companies and fact-checking organizations can enhance the accuracy of information on digital platforms.
- Transparency Requirements: Mandating transparency in digital media operations, including clear disclosures of funding sources and ownership, can help identify potential biases and conflicts of interest, thereby improving public trust.
- Education and Awareness Campaigns: Promoting digital literacy and awareness about the dangers of misinformation is essential. Educational programs can empower citizens to critically evaluate the information they encounter online.
- Support for Independent Media: Supporting independent and investigative journalism can counterbalance the spread of misinformation. Providing financial and legal protections for journalists can ensure that truthful and critical reporting continues unabated.
Broadcasting Services Regulation Bill, 2023
The Broadcasting Services Regulation Bill, 2023, provides a broader context within which the BNS Act operates. This bill aims to regulate the broadcasting sector comprehensively, ensuring fair and equitable distribution of content and promoting transparency in the operations of media companies. However, the bill primarily focuses on regulatory frameworks and does not sufficiently address the nuances of digital misinformation and media manipulation.
Conclusion
The BNS Act is a positive step toward integrating digital media into the legal framework, but it is not enough. India needs comprehensive MDM laws to address the broader challenges posed by digital misinformation. By implementing stringent regulations, promoting transparency, and supporting independent journalism, India can create a more reliable and trustworthy digital media environment. This multifaceted approach will not only enhance the integrity of information but also strengthen democratic processes and public trust in the digital age.
With MDM Laws, India can foster a more informed and resilient society, capable of navigating the complexities of the digital world.
These pieces are being published as they have been received – they have not been edited/fact-checked by ThePrint