Abstract Fake news is one of the burning issues in India, which can be attributed to technological advances. While disseminating fake news is itself a menace, the corollary harms associated with disseminating such news are multifarious. Laws to curb fake news are scattered, insufficient and indirect. The Information Technology Act, 2000, is itself deficient as it does not have any direct provision for imposing liability on the content creators and the intermediaries. The Parliament, therefore, needs to make amends in the existing laws. The judiciary role has been minimal until today since there has been no significant case of fake news in India. However, the judiciary can play an essential role by interpreting the existing laws in a manner to strike a balance between an individual's right to speech and expression and curbing fake news and information.