AI-based Deepfake WhatsApp Video Call Scam

Introduction

Misinformation in India has emerged as a significant societal challenge, wielding a potent influence on public perception, political discourse, and social dynamics. A potential number of first-time voters across India identified fake news as a real problem in the nation. With the widespread adoption of digital platforms, false narratives, manipulated content, and fake news have found fertile ground to spread unchecked information and news.

In the backdrop of India being the largest market of WhatsApp users, who forward more content on chats than anywhere else, the practice of fact-checking forwarded information continues to remain low. The heavy reliance on print media, television, unreliable news channels and primarily, social media platforms acts as a catalyst since studies reveal that most Indians trust any content forwarded by family and friends. It is noted that out of all risks, misinformation and disinformation ranked the highest in India, coming before infectious diseases, illicit economic activity, inequality and labour shortages. World Economic Forum analysts, in connection with their 2024 Global Risk Report, note that “misinformation and disinformation in electoral processes could seriously destabilise the real and perceived legitimacy of newly elected governments, risking political unrest, violence and terrorism and long-term erosion of democratic processes.”

The Supreme Court of India on Misinformation

The Supreme Court of India, through various judgements, has noted the impact of misinformation on democratic processes within the country, especially during elections and voting. In 1995, while adjudicating a matter pertaining to keeping the broadcasting media under the control of the public, it noted that democracy becomes a farce when the medium of information is monopolized either by partisan central authority or by private individuals or oligarchic organizations. 

In 2003, the Court stated that “Right to participate by casting a vote at the time of election would be meaningless unless the voters are well informed about all sides of the issue in respect of which they are called upon to express their views by casting their votes. Disinformation, misinformation, non-information all equally create an uninformed citizenry which would finally make democracy a mobocracy and a farce.” It noted that elections would be a useless procedure if voters remained unaware of the antecedents of the candidates contesting elections. Thus, a necessary aspect of a voter’s duty to cast intelligent and rational votes is being well-informed. Such information forms one facet of the fundamental right under Article 19 (1)(a) pertaining to freedom of speech and expression. Quoting James Madison, it stated that a citizen’s right to know the true facts about their country’s administration is one of the pillars of a democratic State.

On a similar note, the Supreme Court, while discussing the disclosure of information by an election candidate, gave weightage to the High Court of Bombay‘s opinion on the matter, which opined that non-disclosure of information resulted in misinformation and disinformation, thereby influencing voters to take uninformed decisions. It stated that a voter had the elementary right to know the full particulars of a candidate who is to represent him in Parliament/Assemblies.

While misinformation was discussed primarily in relation to elections, the effects of misinformation in other sectors have also been discussed from time to time. In particular, The court highlighted the World Health Organisation’s observation in 2021 while discussing the spread of COVID-19, noting that the pandemic was not only an epidemic but also an “infodemic” due to the overabundance of information on the internet, which was riddled with misinformation and disinformation. While condemning governments’ direct or indirect threats of prosecution to citizens, it noted that various citizens who relied on the internet to provide help in securing medical facilities and oxygen tanks were being targeted by alleging that the information posted by them was false and was posted to create panic, defame the administration or damage national image. It instructed authorities to cease such threats and prevent clampdown on information sharing.

More recently, in Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529], the apex court, while upholding the summons issued to Facebook by the Delhi Legislative Assembly in the aftermath of the 2020 Delhi Riots, noted that while social media enables equal and open dialogue between citizens and policymakers, it is also a tool in the where extremist views are peddled into mainstream media, thereby spreading misinformation. It noted Facebook’s role in the Mynmar, where misinformation and posts that Facebook employees missed fueled offline violence. Since Facebook is one of the most popular social media applications, the platform itself acts as a power center by hosting various opinions and voices on its forum. This directly impacts the governance of States, and some form of liability must be attached to the platform. The Supreme Court objected to Facebook taking contrary stands in various jurisdictions; while in the US, it projected itself as a publisher, which enabled it to maintain control over the material disseminated from its platform, while in India, “it has chosen to identify itself purely as a social media platform, despite its similar functions and services in the two countries.”

Conclusion

The pervasive issue of misinformation in India is a multifaceted challenge with profound implications for democratic processes, public awareness, and social harmony. The alarming statistics of fake news recognition among first-time voters, coupled with a lack of awareness regarding fact-checking organizations, underscore the urgency of addressing this issue. The Supreme Court of India has consistently recognized the detrimental impact of misinformation, particularly in elections. The judiciary has stressed the pivotal role of an informed citizenry in upholding the essence of democracy. It has emphasized the right to access accurate information as a fundamental aspect of freedom of speech and expression. As India grapples with the challenges of misinformation, the intersection of technology, media literacy and legal frameworks will be crucial in mitigating the adverse effects and fostering a more resilient and informed society.

References

• https://thewire.in/media/survey-finds-false-information-risk-highest-in-india 
• https://www.statista.com/topics/5846/fake-news-in-india/#topicOverview
• https://www.weforum.org/publications/global-risks-report-2024/digest/  
• https://main.sci.gov.in/supremecourt/2020/20428/20428_2020_37_1501_28386_Judgement_08-Jul-2021.pdf
• Secretary, Ministry of Information & Broadcasting, Govt, of India and Others v. Cricket Association of Bengal and Another [(1995) 2 SCC 161]
• People’s Union for Civil Liberties (PUCL) v. Union of India [(2003) 4 SCC 399]
• Kisan Shankar Kathore v. Arun Dattatray Sawant and Others [(2014) 14 SCC 162]
• Distribution of Essential Supplies & Services During Pandemic, In re [(2021) 18 SCC 201]
• Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529]

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Introduction

It’s a proud moment for Indians that India will host the G- 20 administration, which will bring the world’s 20 largest profitable nations together on a single platform during the post-economic recovery and the Russia- Ukraine conflict, which has increased geopolitical pressures among nations over the last many times and made the G- 20 a precedence of nations. With this administration, India has to make cybersecurity precedence, as the security and integrity of the critical structure and digital platforms are top precedence in 2023. The necessity for a secure cyberspace is pivotal given the exponential increase in the volume and kind of cyber-attacks, particularly to crucial structures the most recent illustration is the ongoing interruption at New Delhi’s All India Institute of Medical lores caused by a ransomware assault. It has been observed that the mode of attacks are more sophisticated and targets communication structure, critical structure, transport systems, and especially the information technology sector and fiscal system.

The structure that enables the delivery of government services to be more effective. As a result,cyber-secured critical structures and digital public forums are necessary for public security,  bettered governance, and, most importantly, maintaining people’s trust.   The G20 can be enhanced and contribute towards securing digital public platforms and the integrity of the critical structure. This time, in 2023, digital security is the top precedence.

G20 cybersecurity enterprises and politic sweat

The emphasis on cybersecurity was maintained throughout the Italian and Indonesian regulations in 2021 and 2022, independently, by emphasizing the significance of cyberspace during Digital Economy Working Group addresses. Specifically, under the Indonesian Presidency, the prominent cybersecurity focus was clear in the recent Bali Leaders’ protestation, which noted, among other effects, the significance of fighting misinformation juggernauts and cyber attacks, as well as guaranteeing connectivity structure security.  The cyber incident report by the Financial Stability Board on carrying further uniformity in cyber incident reporting  In 2016, a G20 digital task force was created under the Chinese administration to understand digital technology issues.  Under the Saudi administration, the cybersecurity gap at the G20 was bridged by addressing the issues of MSMs. India has also refocused on the significance of creating secure, secure, and stronger-friendly digital platforms.

G20- India’s digital invention alliance( G-20-DIA) a cyber-secure Bharat  

• Under India’s administration, the G20’s Digital Economy Working Group is led by the Ministry of Electronics and Information Technology( MeitY, DEWG).
• The Ministry concentrated on three major areas during India’s G20 administration digital skill development, digital public structure, and cyber security.
• The EWG’s DIA and Stay Safe Online enterprise further the ideal of lesser digital metamorphosis by guaranteeing a safe and creative cyber terrain. They want to offer a smooth and secure delivery of public services.

The G20 Digital Innovation Alliance

(G20- DIA) strives to find, admit, and encourage the relinquishment of innovative and poignant digital technologies produced by invited G20 startups and-member governments.

• These technologies must meet humanity’s conditions in six crucial areas husbandry, health, education, finance, secure digital structure, and indirect frugality.
• The inventions created around these motifs will be supported by the Digital Public Goods structure, allowing them to be espoused encyclopedically, closing the digital gap and icing sustainable and indifferent growth.
• The G20 Digital Innovation Alliance( G20- DIA) conference will be held on the perimeters of the Digital Economy Working Group( DEWG) meeting in Bengaluru.
• Top-nominated entrepreneurs from each order will present their ideas to a worldwide community of investors, instructors, pots, and other stakeholders at this event.

India’s” Stay Safe Online crusade”    

The” Stay Safe Online” crusade attempts to raise mindfulness about the significance of remaining safe in the online world amid our adding reliance on it. With the fast expansion of the technical terrain and the growing number of internet druggies in India, new difficulties are arising. The Stay Safe Online crusade aims to educate individuals about cyber pitfalls and how to avoid them. The time-long crusade will target children, women,  scholars, and aged citizens, as well as individuals with disabilities,  preceptors, and government officers in particular. It’ll be done in Hindi, English, and indigenous languages to reach a larger followership. It’ll distribute mindfulness information in infographics, short pictures, cartoon stories, and so on through extensively employed social media platforms and other channels. The primary stakeholders will be government agencies, civil societies, and NGOs.

Conclusion

To wind up, it can be said that cyber security has become the most essential part of transnational affairs. As India hosts the G20 administration in 2023, the docket relating to cybersecurity gains a global stage, where cyber-related issues are addressed and honored encyclopedically, and nations can combat these issues;  also, India aims to raise cyber mindfulness among its citizens.

Introduction

On September 27, 2024, the Indian government took a significant step toward enhancing national security by amending business allocation rules through an extraordinary gazette notification. This amendment, which assigns specific roles to different Union Ministries and Departments regarding telecom network security, cybersecurity, and cybercrime, aims to clarify and streamline efforts in these critical areas. With India's evolving cybersecurity landscape, the need for a structured regulatory framework is pressing, as threats grow in complexity. Recent developments, such as the July 2024 global cyber outage and increasing cyber crimes like SMS scams, highlight the urgency of such reforms. Under Article 77 clause (3), the President amended the Government of India (Allocation of Business) Rules, 1961, to designate clearer responsibilities, reinforcing India's readiness to tackle emerging digital threats.

Key Highlights of the Gazette Notification

• Telecom Networks Security: A new entry ‘1A’ matters relating to the security of telecom networks" has been added under the Department of Telecommunications, highlighting an increased focus on securing the nation's telecom infrastructure.
• Cyber Security Responsibilities: Cyber security responsibilities have been added as a new entry under the Ministry of Electronics and Information Technology (MeitY), "5B. This assigns responsibility to MeitY for cybersecurity issues, concerning the Information Technology Act of 2000, giving the ministry the mandate to support other ministries or departments regarding cybersecurity matters.
• Oversight for Cyber Crime: Under the Ministry of Home Affairs, Department of Internal Security, a new entry "36A Matters relating to Cyber Crime" is introduced. This emphasises that the MHA will handle cybercrime issues, highlighting the government's attention toward enhancing internal security against cyber threats.
• Cyber Security Strategic Coordination: Any matter related to the "overall coordination and strategic direction for Cyber Security," has been given to the National Security Council Secretariat (NSCS). This consolidates the role of the NSCS in guiding cybersecurity strategies at the national level.

Impact on Policy and Governance 

The amendments introduced through the notification are poised to significantly enhance the Indian government's cybersecurity framework by clarifying the roles of various ministries. The clear separation of responsibilities, telecom network security to the Department of Telecommunications, cybercrime to the Ministry of Home Affairs, and overall cyber strategy to the National Security Council Secretariat could seen as better coordination between ministries. This clarity is expected to reduce bureaucratic delays, allowing for quicker response times in addressing cyber threats, cybercrimes, and telecom vulnerabilities. Such efficient handling is crucial, especially in the evolving landscape of digital threats. These changes have been largely welcomed as it recognises the potential for improved regulatory oversight and faster policy implementation and a step forward in bolstering India’s cyber resilience. 

Conclusion 

The Government of India (Allocation of Business) Rules, 1961 amendments mark a critical step in strengthening India's cybersecurity framework. By setting out specific responsibilities for telecom network security, cybercrime, and overall cybersecurity strategy among key ministries, the government seeks to improve coordination and reduce bureaucratic delays. This policy shift is poised to enhance India’s digital resilience, providing a foundation for rapid responses to emerging cyber threats. However, success hinges on effective implementation, resource allocation, and collaboration across ministries. Addressing concerns like potential jurisdictional overlap and ensuring the inclusion of bodies like NCIIPC will be pivotal to ensuring comprehensive cyber protection. The complexity of cyber crimes and threats is evolving every day and the government's ability and preparedness to handle them with regulatory insight is a high priority.

References

• https://egazette.gov.in/(S(4r5oclueuwrjypfvr5b4vtzg))/ViewPDF.aspx 
• https://www.ptinews.com/story/national/govt-specifies-roles-on-matters-related-to-security-of-telecom-network-cyber-security-and-cyber-crime/1856627
• https://www.thehindubusinessline.com/economy/centre-to-further-streamline-mechanism-to-deal-with-cyber-security-cyber-crime/article68694330.ece
• https://telecom.economictimes.indiatimes.com/news/policy/govt-specifies-roles-on-matters-related-to-security-of-telecom-network-cyber-security-and-cyber-crime/113754501 

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