Section 76 of the Electronic Communications Act (Act 775) vs. Section 208 of the Criminal and Other Offences Act (Act 29)
Scope of Application
Section 76 of the Electronic Communications Act, 2008 (Act 775) is not a statute of general application for addressing the spread of fake news. Instead, it is a specialised provision targeting specific breaches involving electronic communications that disrupt essential services or endanger safety.
For general instances of disseminating false information, Section 208 of the Criminal and Other Offences Act, 1960 (Act 29) is more applicable. This provision broadly addresses the publication of statements, rumours, or reports likely to incite fear or disturb public peace.
Text of Section 208 (Act 29)
“A person who publishes or reproduces a statement, rumour, or report which is likely to cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe that the statement, rumour, or report is false, commits a misdemeanour.”
This section applies to nearly all cases of spreading false information, making it a versatile provision for general application.
Text of Section 76(10 of Act 775
“A person who by means of electronic communications service, knowingly sends a communication which is false or misleading and likely to prejudice the efficiency of life-saving services or to endanger the safety of any person, ship, aircraft, vessel, or vehicle commits an offence and is liable on summary conviction to a fine of not more than three thousand penalty units or to a term of imprisonment of not more than five years, or both.”
This section is narrower in scope and applies specifically to electronic communications that compromise safety or critical services. To aid understanding, the provision is broken down below:
Key Elements of Section 76
- Use of an Electronic Communications Service
The offence exclusively pertains to communications transmitted via electronic platforms, including:- Mobile calls or text messages
- Emails
- Social media posts or messages
- Instant messaging applications (e.g., WhatsApp, Telegram)
- Radio or satellite communication
- Knowingly False or Misleading Communication
The sender must knowingly disseminate information they are aware is false or misleading. Honest mistakes or unintentional errors are excluded from liability.
- Likelihood of Prejudicing Life-Saving Services
The false communication must have the potential to obstruct critical life-saving services such as:- Emergency services (e.g., police, ambulance, or fire brigade)
- Maritime or air traffic rescue operations
- Disaster response units
- Endangering Safety
The communication must pose risks, such as:- Endangering individuals or groups
- Creating hazards for ships, aircraft, vehicles, or vessels
- Inducing panic or confusion, leading to harm
Potential Services Affected
This provision is particularly relevant to disruptions affecting:
- Emergency Medical Services: False reports of mass casualties or medical emergencies.
- Aviation Safety: Fake bomb threats or misleading information affecting flights.
- Maritime Operations: False distress signals or misinformation on sea hazards.
- Search and Rescue Operations: Sending bogus alerts that divert resources unnecessarily.
- Public Transportation: False threats to trains, buses, or other transit systems.
- Disaster Management Units: Disseminating false alarms about natural disasters.
Conclusion
While Section 208 (Act 29) is broadly applicable to most forms of fake news, Section 76 (Act 775) is reserved for targeted instances where false electronic communications jeopardise life-saving services or public safety. Each statute serves a distinct role, with Section 208 addressing general public safety and Section 76 focusing on protecting critical systems reliant on electronic communications.
