In response to the growing threat of fake news, many countries have enacted strict laws and penalties aimed at curbing the spread of misinformation and disinformation. These laws vary widely depending on the region, reflecting differing political environments, cultural contexts, and freedoms of expression.
Singapore, for example, has adopted some of the world’s toughest regulations. In 2019, the country passed the Protection from Online Falsehoods and Manipulation Act (POFMA), granting authorities the power to demand the removal or correction of false online content. The government argues that misinformation threatens public safety, social harmony, and national security. The POFMA allows government ministers to issue orders to individuals, media outlets, and social media platforms to take down or amend content deemed false. Failure to comply can lead to substantial fines or imprisonment, with individuals facing up to SG$1 million for repeat offenses, and companies facing even higher penalties.
Russia has also taken a hardline stance on fake news, implementing laws that target online content deemed false or damaging to national security. In 2019, Russia introduced a “fake news” law that criminalizes the spread of false information online, particularly content that undermines government authority, incites panic, or disrupts public peace. Under this law, individuals and organizations can face criminal charges for spreading fake news that threatens public order or the country’s national interests, with punishments including fines, imprisonment, and the potential closure of websites.
In Europe, Germany has one of the most extensive legal frameworks designed to combat fake news. In 2017, Germany passed the Network Enforcement Act (NetzDG), targeting social media platforms and holding them accountable for removing harmful or illegal content, including fake news. The law mandates that social media platforms with over two million users in Germany remove or block illegal content, such as hate speech, fake news, and extremist material, promptly. Content flagged by users must be reviewed within 24 hours.
France has also taken significant steps to tackle fake news, particularly in the context of elections. In 2018, France passed the Anti-Fake News Law, part of a broader effort to protect the democratic process from foreign influence and misinformation. The law empowers the French government to remove fake news during election periods, focusing on content that could distort democratic outcomes, such as false information influencing voting behaviour or public opinion. It also requires online platforms to disclose details about political ads, including their sponsors and spending.
Thailand has introduced laws to control the spread of fake news, particularly political content that may threaten national security or public order. The country’s Computer Crime Act has been used to prosecute individuals for disseminating fake news online. Those found guilty of spreading false information that harms the country’s reputation or public order can face penalties, including imprisonment for up to five years and fines. The Thai government has the power to block websites or social media accounts identified as spreading fake news, especially when it relates to sensitive subjects like the monarchy or political unrest. In the USA, the approach has primarily relied on self-regulation by tech companies, rather than government-imposed laws.
The First Amendment protects freedom of speech, making it difficult to pass laws that directly penalize fake news. However, individuals or organizations can file lawsuits for defamation if false statements damage their reputation. Following concerns over foreign interference in the 2016 U.S. election, laws like the Foreign Agents Registration Act (FARA) and the Honest Ads Act were introduced to enhance transparency in political ads and penalize foreign actors spreading disinformation. Tech companies such as Facebook and X have faced increasing pressure to combat fake news by removing misleading content and improving transparency.
During his previous presidency, Donald Trump became closely associated with the term “fake news,” using it to describe any media or news outlet he perceived as hostile or misrepresenting his actions. His frequent use of the term served as a direct challenge to mainstream media, portraying it as biased, dishonest, and aimed at undermining his administration. Notably, Trump leveraged social media, particularly Twitter, to engage directly with the media, dismissing negative coverage and calling out journalists and outlets by name.
Those who have not done anything wrong need not fear. Laws and regulations are in place to identify and punish wrongdoers, ensuring peace, harmony, and law and order in society. It is only those who seek to exploit fake news to destabilize and defame Pakistan and its institutions who should be afraid of the Peca Amendment Bill. The people of Pakistan fully support this bill and urge the government to take even stronger action against anti-state elements.
He famously labeled organizations like CNN, The New York Times, and The Washington Post as purveyors of “fake news,” often encouraging his supporters to distrust the media. More broadly, he argued that the media’s portrayal of events was exaggerated or distorted, occasionally referring to them as the “enemy of the people.” This rhetoric became a central aspect of his political strategy, rallying his base and positioning himself as a defender of “alternative facts” against a supposedly corrupt media.
These examples highlight how different countries have adopted various legal measures to combat the spread of fake news. They also underscore Pakistan’s right to take similar actions in addressing the issue. In this context, the Pakistani National Assembly recently passed the Peca Amendment Bill. The bill introduces a new provision, Section 26(A), which penalizes individuals who intentionally spread fake news online. It states that anyone who knowingly disseminates false information through any information system that could incite fear, panic, or social unrest will face punishment, including up to three years of imprisonment, a fine of up to Rs 2 million, or both.
The bill also proposes the creation of the Social Media Protection and Regulatory Authority, which would oversee various functions related to social media, such as education, awareness, training, regulation, and the blocking of harmful content. The authority would allow individuals affected by fake news to request the removal or blocking of misleading content, with the authority mandated to act within 24 hours of the request. The proposed changes also suggest that social media platforms may be required to register with the authority, pay a prescribed fee, and comply with its regulations.
The bill also specified that, in addition to the requirements outlined in the act, additional conditions or requirements may be set when enlisting a social media platform. It stated that the authority would have the power to issue orders to a social media platform to remove or block online content if it contradicted Pakistan’s ideology, incited the public to break the law, encouraged vigilantism, or aimed to coerce, intimidate, or terrorize the public, individuals, groups, communities, government officials, or institutions.
The authority could also act if the content incited the public or any segment of the public to damage government or private property. The bill also outlined that content which coerces or intimidates the public, preventing them from carrying out their lawful activities and disrupting civic life, would fall under its scope. It specified that content inciting hatred or contempt based on religious, sectarian, or ethnic grounds to provoke violence or internal disturbances would also be addressed. Additionally, the law would apply if the reported content was obscene or pornographic, violating applicable laws; known or likely to be false beyond a reasonable doubt; contained defamatory statements about individuals, including members of the judiciary, armed forces, parliament, or provincial assemblies; or promoted terrorism and violence against the state or its institutions.
The bill further proposed that any part of parliamentary or provincial assembly proceedings that had been ordered to be expunged would not be broadcast or made available on social media platforms. Efforts would be made to ensure that a fair account of the proceedings was released. Additionally, the statements from banned organizations or their members would not be allowed to be streamed or made available on social media in any form.
The bill also required social media platforms to implement a transparent and effective procedure for handling complaints related to unlawful or offensive content, offering users an easily accessible, recognizable, and permanent method for submitting such complaints.
It is crucial to recognize that the primary focus of the new laws and measures is to regulate social media. Some anti-state groups exploit social media to spread false information, using unethical tactics to gain popularity and make their fake news go viral. They take advantage of system weaknesses to disseminate misinformation. In contrast, Pakistan’s print media and its journalists are already well-established and responsible, with no significant issues of fake news in this sector.
Those who have not done anything wrong need not fear. Laws and regulations are in place to identify and punish wrongdoers, ensuring peace, harmony, and law and order in society. It is only those who seek to exploit fake news to destabilize and defame Pakistan and its institutions who should be afraid of the Peca Amendment Bill. The people of Pakistan fully support this bill and urge the government to take even stronger action against anti-state elements.
