Bombay High Court Strikes Down Provisions to Set Up FCU
Introduction
In a setback to the Centre, the Bombay High Court on Friday 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms.
Chronological Overview
- On 6th April 2023, the Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023). These rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government”. This amendment was done In exercise of the powers conferred by section 87 of the Information Technology Act, 2000. (IT Act).
- On 20 March 2024, the Central Government notified the Press Information Bureau (PIB) as FCU under rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).
- The next day on 21st March 2024, the Supreme Court stayed the Centre's decision on notifying PIB -FCU, considering the pendency of the proceedings before the High Court of Judicature at Bombay. A detailed analysis covered by CyberPeace on the Supreme Court Stay decision can be accessed here.
- In the latest development, the Bombay High Court on 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms.
Brief Overview of Bombay High Court decision dated 20th September 2024
Justice AS Chandurkar was appointed as the third judge after a split verdict in January 2023 by a division bench consisting of Justices Gautam Patel and Neela Gokhal. As a Tie-breaker judge' Justice AS Chandurkar delivered the decision striking down provisions for setting up a Fact Check Unit under IT amendment 2023 rules. Striking down the Centre's proposed fact check unit provision, Justice A S Chandurkar of Bombay High Court also opined that there was no rationale to undertake an exercise in determining whether information related to the business of the Central govt was fake or false or misleading when in digital form but not doing the same when such information was in print. It was also contended that there is no justification to introduce an FCU only in relation to the business of the Central Government. Rule 3(1)(b)(v) has a serious chilling effect on the exercise of the freedom of speech and expression under Article 19(1)(a) of the Constitution since the communication of the view of the FCU will result in the intermediary simply pulling down the content for fear of consequences or losing the safe harbour provision given under IT Act.
Justice Chandurkar held that the expressions ‘fake, false or misleading’ are ‘vague and overbroad’, and that the ‘test of proportionality’ is not satisfied. Rule 3(1)(b)(v), was violative of Articles 14 and 19 (1) (a) and 19 (1) (g) of the Constitution and it is “ultra vires”, or beyond the powers, of the IT Act.
Role of Expert Organisations in Curbing Mis/Disinformation and Fake News
In light of the recent developments, and the rising incidents of Mis/Disinformation and Fake News it becomes significantly important that we all stand together in the fight against these challenges. The actions against Mis/Disinformation and fake news should be strengthened by collective efforts, the expert organisations like CyberPeace Foundation plays an key role in enabling and encouraging netizens to exercise caution and rely on authenticated sources, rather than solely rely on govt FCU to block the content.
Mis/Disinformation and Fake News should be stopped, identified and countered by netizens at the very first stage of its spread. In light of the Bombay High Court's decision to stuck down the provision related to setting up the FCU by the Central Government, it entails that the government's intention to address misinformation related solely to its business/operations may not have been effectively communicated in the eyes of the judiciary.
It is high time to exercise collective efforts against Mis/Disinformation and Fake News and support expert organizations who are actively engaged in conducting proactive measures, and campaigns to target these challenges, specifically in the online information landscape. CyberPeace actively publishes fact-checking reports and insights on Prebunking and Debunking, conducts expert sessions and takes various key steps aimed at empowering netizens to build cognitive defences to recognise the susceptible information, disregard misleading claims and prevent further spreads to ensure the true online information landscape.
References:
- https://www.scconline.com/blog/post/2024/09/20/bombay-high-court-it-rules-amendment-2023-fact-check-units-article14-article19-legal-news/#:~:text=Bombay%20High%20Court%3A%20A%20case,grounds%20that%20it%20violated%20constitutional
- https://indianexpress.com/article/cities/mumbai/bombay-hc-strikes-down-it-act-amendment-fact-check-unit-9579044/
- https://www.cyberpeace.org/resources/blogs/supreme-court-stay-on-centres-notification-of-pibs-fact-check-unit-under-it-amendment-rules-2023
Related Blogs
Introduction
Google.org is committed to stepping ahead to enhance Internet safety and responsible online behaviour. ‘Google for INDIA 2023’, an innovative conclave, took place on 19th October 2023. Google.org has embarked on its vision for a safer Internet and combating misinformation, financial frauds and other threats that come from bad actors. Alphabet Big Tech is committed to leading this charter and engaging with all stakeholders, including government agencies. Google.org has partnered with CyberPeace Foundation to foster a safer online environment and empower users on informed decisions on the Internet. CyberPeace will run a nationwide awareness and capacity-building Initiative equipping more than 40 Million Indian netizens with fact-checking techniques, tools, SoPs, and guidance for responsible and safe online behaviour. The campaign will be deployed in 15 Indian regional languages as a comprehensive learning outcome for the whole nation. Together, Google.org and CyberPeace Foundation aim to make the Internet safer for everyone and work in a direction to ensure that progress for everyone is built on a strong foundation of trusted information available on the Internet and pursuing the true spirit of “Technology for Good”.
Google.org and CyberPeace together for enhanced online safety
A new $4 million grant to CyberPeace Foundation will support a nationwide awareness-building program and comprehensive multilingual digital resource hub with content available in up to 15 Indian languages to empower nearly 40 million underserved people across the country in building resilience against misinformation and practice responsible online behaviour. Together, Google.org and CyberPeace are on their way to creating a strong pathway of trusted Internet and a safer digital environment. The said campaign will be undertaken for a duration of 3 years, and the following key components will run at the core of the same:
- CyberPeace Corps Volunteers: This will be a pan India volunteer engagement initiative to create a community of 9 million CyberPeace Ambassadors/First Responders/Volunteers to fight misinformation and promote responsible online behaviour going far into the rural, marginalised and most vulnerable strata of society.
- Digital Resource Hub: In pursuance of the campaign, CyberPeace is developing a cutting-edge platform offering a wealth of resources on media literacy, responsible content creation, and cyber hygiene translated into 15 Indian regional languages for a widespread impact on the ground.
- Public Sensitisation: CyberPeace will be conducting an organic series of online and offline events focusing on empowering netizens to discern fact from fiction. These sensitisation drives will be taken on by start master trainers from different regions of India to ensure all states and UTs are impacted.
- CyberPeace Quick Reaction Team: A specialised team of tech enthusiasts that will work closely with platforms to rapidly address new-age cyber threats and misinformation campaigns in real-time and establish best practices and SoPs for the diverse elements in the industries.
- Engaging Multimedia Content: With CyberPeace’s immense expertise in E-Course and digital content, the campaign will produce a range of multilingual multimedia resources, including informative videos, posters, games, contests, infographics, and more.
- Fact-check unit: Fact-check units will play a crucial role in monitoring, identifying, and doing fact analysis of the suspected information and overall busting the growing incidents of misinformation. Fake news or misinformation has negative consequences on society at large. The fact-check units play a significant role in controlling the widespread of misinformation.
Fight Against Misinformation
Misinformation is rampant all across the world and requires attention. With the increasing penetration of social media and the internet, this remains a global issue. Google.org has taken up the initiative to address this issue in India and, in collaboration with CyberPeace Foundation taken a proactive step to multiple avenues for mass-scale awareness and upskilling campaigns have been piloted to make an impact on the ground with the vision of upskilling over 40 Million people in the country and building resilience against misinformation and practicing responsible online behavior.
Maj Vineet Kumar, Founder of CyberPeace, said,
"In an era in which digital is deeply intertwined with our lives, knowing how to discern, act on, and share the credible from the wealth of information available online is critical to our well-being, and of our families and communities. Through this initiative, we’re committing to help Internet users across India become informed, empowered and responsible netizens leading through conversations and actions. Whether it’s in fact-checking information before sharing it, or refraining from sharing unverified news, we all play an important role in building a web that is a safe and inclusive space for everyone, and we are extremely grateful to Google.org for propelling us forward in this mission with their grant support.”
Annie Lewin, Senior Director of Global Advocacy and Head of Asia Pacific, Google.org said:
“We have a longstanding commitment to supporting changemakers using technology to solve humanity's biggest challenges. And, the innovation and zeal of Indian nonprofit organisations has inspired us to deepen our commitment in India. With the new grant to CyberPeace Foundation, we are proud to support solutions that speak directly to Google’s DNA, helping first-time internet users chart their path in a digital world with confidence. Such solutions give us pride and hope that each step, built on a strong foundation of trusted information, will translate into progress for all.”
Conclusion
Google.org has partnered with government agencies and other Indian organisations with the vision of future-proof India for digital public infrastructure and staying a step ahead for Internet safety, keeping the citizens safe online. Google.org is taking its largest step yet towards online safety in India. There is widespread misinformative content and information in the digital media space or on the internet. This proactive initiative of Google.org in collaboration with CyberPeace is a commendable step to prevent the spread of misinformation and empower users to act responsibly while sharing any information and making informed decisions while using the Internet, hence creating a safe digital environment for everyone.
References:
- https://www.youtube.com/live/-b4lTVjOsXY?feature=shared
- https://blog.google/intl/en-in/products/google-for-india-2023-product-announcements/
- https://blog.google/intl/en-in/partnering-indias-success-in-a-new-digital-paradigm/
- https://telecom.economictimes.indiatimes.com/news/internet/google-to-debut-credit-in-india-announces-a-slew-of-ai-powered-launches/104547623
- https://theprint.in/economy/google-for-india-2023-tech-giant-says-it-removed-2-million-violative-videos-in-q2-2023/1810201/
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Introduction
The spread of misinformation online has become a significant concern, with far-reaching social, political, economic and personal implications. The degree of vulnerability to misinformation differs from person to person, dependent on psychological elements such as personality traits, familial background and digital literacy combined with contextual factors like information source, repetition, emotional content and topic. How to reduce misinformation susceptibility in real-world environments where misinformation is regularly consumed on social media remains an open question. Inoculation theory has been proposed as a way to reduce susceptibility to misinformation by informing people about how they might be misinformed. Psychological inoculation campaigns on social media are effective at improving misinformation resilience at scale.
Prebunking has gained prominence as a means to preemptively build resilience against anticipated exposure to misinformation. This approach, grounded in Inoculation Theory, allows people to analyse and avoid manipulation without prior knowledge of specific misleading content by helping them build generalised resilience. We may draw a parallel here with broad spectrum antibiotics that can be used to fight infections and protect the body against symptoms before one is able to identify the particular pathogen at play.
Inoculation Theory and Prebunking
Inoculation theory is a promising approach to combat misinformation in the digital age. It involves exposing individuals to weakened forms of misinformation before encountering the actual false information. This helps develop resistance and critical thinking skills to identify and counter deceptive content.
Inoculation theory has been established as a robust framework for countering unwanted persuasion and can be applied within the modern context of online misinformation:
- Preemptive Inoculation: Preemptive inoculation entails exposing people to weaker kinds of misinformation before they encounter genuine erroneous information. Individuals can build resistance and critical thinking abilities by being exposed to typical misinformation methods and strategies.
- Technique/logic based Inoculation: Individuals can educate themselves about typical manipulative strategies used in online misinformation, which could be emotionally manipulative language, conspiratorial reasoning, trolling and logical fallacies. Learning to recognise these tactics as indicators of misinformation is an important first step to being able to recognise and reject the same. Through logical reasoning, individuals can recognize such tactics for what they are: attempts to distort the facts or spread misleading information. Individuals who are equipped with the capacity to discern weak arguments and misleading methods may properly evaluate the reliability and validity of information they encounter on the Internet.
- Educational Campaigns: Educational initiatives that increase awareness about misinformation, its consequences, and the tactics used to manipulate information can be useful inoculation tools. These programmes equip individuals with the knowledge and resources they need to distinguish between reputable and fraudulent sources, allowing them to navigate the online information landscape more successfully.
- Interactive Games and Simulations: Online games and simulations, such as ‘Bad News,’ have been created as interactive aids to protect people from misinformation methods. These games immerse users in a virtual world where they may learn about the creation and spread of misinformation, increasing their awareness and critical thinking abilities.
- Joint Efforts: Combining inoculation tactics with other anti-misinformation initiatives, such as accuracy primes, building resilience on social media platforms, and media literacy programmes, can improve the overall efficacy of our attempts to combat misinformation. Expert organisations and people can build a stronger defence against the spread of misleading information by using many actions at the same time.
CyberPeace Policy Recommendations for Tech/Social Media Platforms
Implementation of the Inoculation Theory on social media platforms can be seen as an effective strategy point for building resilience among users and combating misinformation. Tech/social media platforms can develop interactive and engaging content in the form of educational prebunking videos, short animations, infographics, tip sheets, and misinformation simulations. These techniques can be deployed through online games, collaborations with influencers and trusted sources that help design and deploy targeted campaigns whilst also educating netizens about the usefulness of Inoculation Theory so that they can practice critical thinking.
The approach will inspire self-monitoring amongst netizens so that people consume information mindfully. It is a powerful tool in the battle against misinformation because it not only seeks to prevent harm before it occurs, but also actively empowers the target audience. In other words, Inoculation Theory helps build people up, and takes them on a journey of transformation from ‘potential victim’ to ‘warrior’ in the battle against misinformation. Through awareness-building, this approach makes people more aware of their own vulnerabilities and attempts to exploit them so that they can be on the lookout while they read, watch, share and believe the content they receive online.
Widespread adoption of Inoculation Theory may well inspire systemic and technological change that goes beyond individual empowerment: these interventions on social media platforms can be utilized to advance digital tools and algorithms so that such interventions and their impact are amplified. Additionally, social media platforms can explore personalized inoculation strategies, and customized inoculation approaches for different audiences so as to be able to better serve more people. One such elegant solution for social media platforms can be to develop a dedicated prebunking strategy that identifies and targets specific themes and topics that could be potential vectors for misinformation and disinformation. This will come in handy, especially during sensitive and special times such as the ongoing elections where tools and strategies for ‘Election Prebunks’ could be transformational.
Conclusion
Applying Inoculation Theory in the modern context of misinformation can be an effective method of establishing resilience against misinformation, help in developing critical thinking and empower individuals to discern fact from fiction in the digital information landscape. The need of the hour is to prioritize extensive awareness campaigns that encourage critical thinking, educate people about manipulation tactics, and pre-emptively counter false narratives associated with information. Inoculation strategies can help people to build mental amour or mental defenses against malicious content and malintent that they may encounter in the future by learning about it in advance. As they say, forewarned is forearmed.
References
- https://www.science.org/doi/10.1126/sciadv.abo6254
- https://stratcomcoe.org/publications/download/Inoculation-theory-and-Misinformation-FINAL-digital-ISBN-ebbe8.pdf
Executive Summary:
The photograph of a bridge allegedly in Mumbai, India circulated through social media was found to be false. Through investigations such as reverse image searches, examination of similar videos, and comparison with reputable news sources and google images, it has been found that the bridge in the viral photo is the Qingdao Jiaozhou Bay Bridge located in Qingdao, China. Multiple pieces of evidence, including matching architectural features and corroborating videos tell us that the bridge is not from Mumbai. No credible reports or sources have been found to prove the existence of a similar bridge in Mumbai.
Claims:
Social media users claim a viral image of the bridge is from Mumbai.
Fact Check:
Once the image was received, it was investigated under the reverse image search to find any lead or any information related to it. We found an image published by Mirror News media outlet, though we are still unsure but we can see the same upper pillars and the foundation pillars with the same color i.e white in the viral image.
The name of the Bridge is Jiaozhou Bay Bridge located in China, which connects the eastern port city of the country to an offshore island named Huangdao.
Taking a cue from this we then searched for the Bridge to find any other relatable images or videos. We found a YouTube Video uploaded by a channel named xuxiaopang, which has some similar structures like pillars and road design.
In reverse image search, we found another news article that tells about the same bridge in China, which is more likely similar looking.
Upon lack of evidence and credible sources for opening a similar bridge in Mumbai, and after a thorough investigation we concluded that the claim made in the viral image is misleading and false. It’s a bridge located in China not in Mumbai.
Conclusion:
In conclusion, after fact-checking it was found that the viral image of the bridge allegedly in Mumbai, India was claimed to be false. The bridge in the picture climbed to be Qingdao Jiaozhou Bay Bridge actually happened to be located in Qingdao, China. Several sources such as reverse image searches, videos, and reliable news outlets prove the same. No evidence exists to suggest that there is such a bridge like that in Mumbai. Therefore, this claim is false because the actual bridge is in China, not in Mumbai.
- Claim: The bridge seen in the popular social media posts is in Mumbai.
- Claimed on: X (formerly known as Twitter), Facebook,
- Fact Check: Fake & Misleading
