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A PIL has been filed in SC by advocate and socio political activist Ashwini Kumar Upadhyay to declare Paid and Fake news punishable as corrupt practice under Sec 123(4) of the Representation of People Act, 1951. The petitioner pointed out through the PIL that Paid News, Fake News and Political advertisements form a deceptive pool of knowledge and information which influences people’s right to choose based on misinformation.
A major contention of the petitioner been that such fake news and wrong advertisement by political parties affect the right to knowledge of citizens embedded under Article 19(1)(a) of the Constitution. It is an essential right to have accurate knowledge which is also a necessity for electors in making a informed choice but such right has been hugely affected by paid news.
The paid news and advertisements are specifically placed in newspapers, online news portals and on other means of mass communication being disguised as real news. It was a contention of applicant that the line of distinction between ‘News’ and ‘advertisement’ has been blurred because of such practices. The petitioner in support of its contention cited 255th report of Law commission which suggested measures for free and fair elections along with recommendations of Press Council of India to treat paid/fake news as corrupt practices but government did not take any actions upon such recommendations.
In order to stop Fake and paid news from hampering the free and fair election in our democracy the petitioner prays from the apex court to declare paid news and political advertisements during the model code of conduct as corrupt practices and also direct the Election commission and Press Council to take appropriate steps to curtail such practices by political parties.
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