What are the consequences of spreading fake news during polls?
The newly added provision to the RPO applies whether the content targets an individual candidate or manipulates public perception of the election itself
In the age of digital communication, elections are increasingly vulnerable to the spread of misinformation. Recognising this threat, Bangladesh has introduced strict provisions in the Representation of the People (Amendment) Ordinance (RPO) 2025 to curb the dissemination of false or misleading information during the electoral process.
A new Article 73A has been added to the RPO, which states:
"Whoever, during the period from publication of notification under Article 11 to the date of publication of result of the election in the official gazette knowingly creates, publishes, shares, or promotes any false or misleading information, image, video, audio, or other content—whether created manually or generated by artificial intelligence (AI) tools—with intent to harm the reputation of any contesting candidate or to influence the election result or otherwise impair the electoral integrity and environment, or uses automated bots, fake accounts, or synthetic media to disseminate false information against opposition candidates, political parties or the Commission, shall be guilty of corrupt practice under Article 73 and shall be punished thereunder."
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And the punishment for the corrupt practice will be according to Article 73 of the RPO 1972, under which the violators are subject to rigorous imprisonment of two to seven years and fines.
This applies whether the content targets an individual candidate or manipulates public perception of the election itself.
Responsibility is not limited to the individual who creates the fake content.
Political parties, campaign organisations, and media outlets that participate in the creation, promotion, or dissemination of such information are jointly liable. This ensures that both the originators and amplifiers of misinformation face legal consequences.
The inclusion of fake news under corrupt practices underscores the seriousness of its impact on the democratic process.
Earlier this morning (4 November), the president issued an ordinance on the amendment of the Representation of the People (RPO) ahead of the national polls in February.
The ordinance keeps the provision that even in an electoral alliance, candidates will have to contest the national election under their own party symbol.
The ordinance brings several landmark reforms to the election process, including the introduction of the "No Vote" option against any uncontested candidate, the repeal of all provisions related to Electronic Voting Machines (EVMs), the inclusion of postal voting facilities for expatriate voters, and the classification of spreading false information or "fake news" through digital media as a punishable corrupt practice.
