LIJDLR

ONLINE DISINFORMATION AND ELECTORAL DEMOCRACY: COMPARATIVE CONSTITUTIONAL RESPONSES, WITH SPECIAL REFERENCE TO INDIA

Mehakpreet Kaur, 1st-Semester LL.M. Student at Lovely Professional University, Punjab (India)

In the age of technology, online misinformation becomes a serious threat to free and fair elections. The rapid spread of misinformation on social media platforms is due to several factors, such as political advertising, fake social media accounts, and artificial intelligence. This type of information can affect voters, mislead them and fill public opinion with doubt in elections and democratic processes. The issue has been addressed in various legal ways in different countries, depending on the structure of the country’s constitution, and the interpretation of freedom of speech and government control. This paper makes a comparative analysis of the legal strategies undertaken in the EU, the UK, the USA, Germany, and Singapore to address online electoral disinformation. It also discusses the provisions enshrined in the Indian Constitution, specifically Articles 19(1)(a), 19(2) and 324, legislations like the Representation of the People Act, 1951 and the Information Technology Act, 2000. It also examines the 2023 amendment to Rule 3(1)(b)(v) of the IT Rules concerning a government-notified Fact Check Unit. The Bombay High Court, following a split verdict and a third-judge opinion, struck down the amendment by its final order dated 26 September 2024. The Union’s challenge to that judgment is presently pending before the Supreme Court. The paper states that the current strategy in India is mainly government-led and doesn’t have any proper and well – defined election disinformation-related legislation. The paper suggests a mechanism that safeguards election processes against negative information and at the same time preserves freedom of expression. It emphasizes that India needs to have its own model, which should not be a replication of other countries.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 2023–2050.
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