#FactCheck - AI Generated image of Virat Kohli falsely claims to be sand art of a child

Introduction

The Telecom Regulatory Authority of India (TRAI) has directed all telcos to set up detection systems based on Artificial Intelligence and Machine Learning (AI/ML) technologies in order to identify and control spam calls and text messages from unregistered telemarketers (UTMs).

The TRAI Directed telcos

The telecom regulator, TRAI, has directed all Access Providers to detect Unsolicited commercial communication (UCC)by systems, which is based on Artificial Intelligence and Machine Learning to detect, identify, and act against senders of Commercial Communication who are not registered in accordance with the provisions of the Telecom Commercial Communication Customer Preference Regulations, 2018 (TCCCPR-2018). Unregistered Telemarketers (UTMs) are entities that do not register with Access Providers and use 10-digit mobile numbers to send commercial communications via SMS or calls.

TRAI steps to curb Unsolicited commercial communication

TRAI has taken several initiatives to reduce Unsolicited Commercial Communication (UCC), which is a major source of annoyance for the public. It has resulted in fewer complaints filed against Registered Telemarketers (RTMs). Despite the TSPs’ efforts, UCC from Unregistered Telemarketers (UTMs) continues. Sometimes, these UTMs use messages with bogus URLs and phone numbers to trick clients into revealing crucial information, leading to financial loss.

To detect, identify, and prosecute all Unregistered Telemarketers (UTMs), the TRAI has mandated that Access Service Providers implement the UCC.

Detect the System with the necessary functionalities within the TRAI’s Telecom Commercial Communication Customer Preference Regulations, 2018 framework.

Access service providers have implemented such detection systems based on their applicability and practicality. However, because UTMs are constantly creating new strategies for sending unwanted communications, the present UCC detection systems provided by Access Service providers cannot detect such UCC.

TRAI also Directs Telecom Providers to Set Up Digital Platform for Customer Consent to Curb Promotional Calls and Messages.

Unregistered Telemarketers (UTMs) sometimes use messages with fake URLs and phone numbers to trick customers into revealing essential information, resulting in financial loss.

TRAI has urged businesses like banks, insurance companies, financial institutions, and others to re-verify their SMS content templates with telcos within two weeks. It also directed telecom companies to stop misusing commercial messaging templates within the next 45 days.

The telecom regulator has also instructed operators to limit the number of variables in a content template to three. However, if any business intends to utilise more than three variables in a content template for communicating with their users, this should be permitted only after examining the example message, as well as adequate justifications and justification.

In order to ensure consistency in UCC Detect System implementations, TRAI has directed all Access Providers to deploy UCC and detect systems based on artificial intelligence and Machine Learning that are capable of constantly evolving to deal with new signatures, patterns, and techniques used by UTMs.

Access Providers have also been directed to use the DLT platform to share intelligence with others. Access Providers have also been asked to ensure that such UCC Detect System detects senders that send unsolicited commercial communications in bulk and do not comply with the requirements. All Access Providers are directed to follow the instructions and provide an update on actions done within thirty days.

The move by TRAI is to curb the menacing calls as due to this, the number of scam cases is increasing, and now a new trend of scams started as recently, a Twitter user reported receiving an automated call from +91 96681 9555 with the message “This call is from Delhi Police.” It then asked her to stay in the queue since some of her documents needed to be picked up. Then he said he works as a sub-inspector at the Kirti Nagar police station in New Delhi. He then inquired whether she had recently misplaced her Aadhaar card, PAN card, or ATM card, to which she replied ‘no’. The scammer then poses as a cop and requests that she authenticate the last four digits of her card because they have found a card with her name on it. And a lot of other people tweeted about it.

Conclusion

TRAI directed the telcos to check the calls and messages from Unregistered numbers. This step of TRAI will curb the pesky calls and messages and catch the Frauds who are not registered with the regulation. Sometimes the unregistered sender sends fraudulent links, and through these fraudulent calls and messages, the sender tries to take the personal information of the customers, which results in financial losses.

Introduction

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The courts in India have repeatedly emphasised the importance of “enhanced customer protection” and “limited liability” on their part. The rationale behind such imperatives is to extend security against exploitation by institutions that are equipped with all the means to manipulate customers. India, with its looming financial literacy gaps that have to be addressed, needs to curb any manipulation on the part of banking institutions. Various studies have highlighted this gap in recent times; for example, according to the National Centre for Financial Education, only 27% of Indian people are financially literate, which is much less than the 42% global average. With only 19% of millennials exhibiting sufficient financial awareness yet expressing high trust in their financial skills, the issue is very worrisome. Thus, the increasing number of financial frauds intensifies the issue. 

Zero Liability in Cyber Frauds: Regulatory Safeguards for Digital Banking Customers

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In light of the growing emphasis on financial inclusion and consumer protection, and in response to the recent rise in complaints regarding unauthorised debits from customer accounts and cards, the framework for assessing customer liability in such cases has been re-evaluated. The RBI’s circular dated July 6, 2017 titled “Customer Protection-Limited Liability of Customers in Unauthorised Electronic Banking Transactions”  serves as the foundation for regulatory protections for Indian customers of digital banking. A clear and organised framework for determining customer accountability is outlined in the circular, which acknowledges the exponential increase in electronic transactions and related scams. It assigns proportional obligations for unauthorised transactions resulting from system-level breaches, client carelessness, and bank contributory negligence. Most importantly it establishes the zero responsibility concept, which protects clients from monetary losses in cases when the bank or another system component is at fault and the client promptly reports the breach. 

This directive’s sophisticated approach to consumer protection is what makes it unique. It requires banks to set up strong fraud prevention systems, proactive alerting systems, and round-the-clock reporting systems. Furthermore, it significantly alters the power dynamics between financial institutions and customers by placing the onus of demonstrating customer negligence completely on the bank. The circular emphasises prompt reversal of funds to impacted customers and requires banks to implement Board-approved policies on liability to redress. As a result, it is a consumer rights charter rather than just a compliance document, promoting confidence and financial accountability in India’s digital banking sector. 

Judicial Endorsement in Reinforcing the Zero Liability Principle

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 In the case of Suresh Chandra Negi & Anr. v. Bank of Baroda & Ors. (Writ (C) No. 24192 of 2022) The Allahabad High Court reaffirmed that the burden of proving consumer accountability rests firmly on the banking institution, hence reaffirming the zero liability concept in circumstances of unapproved electronic banking transactions. The Division bench emphasised the regulatory requirement that banks provide adequate proof before assigning blame to customers, citing Clause 12 of the RBI’s circular dated June 6, 2017, Customer Protection—Limited Liability of Customers in Unauthorised Electronic Banking Transactions. In a similar scenario, the Bombay HC held that a customer is entitled to zero liability when an authorized transaction occurs due to a third-party breach, where the deficiency lies neither with the bank nor the customer, provided the fraud is promptly reported. 

The zero liability principle, as envisaged under Clause 8 of the RBI circular, has emerged as a cornerstone of consumer protection in India’s digital banking ecosystem.  

Another landmark judgment that has given this principle the front stage in addressing banking frauds is Hare Ram Singh vs RBI &Ors. (W.P. (C) 13497/2022) laid down by Delhi HC which is an important legal turning point in the development of the zero liability principle under the RBI’s 2017 framework. The court reiterated the need to evaluate customer diligence in light of new fraud tactics like phishing and vishing by holding the State Bank of India (SBI) liable for a cyber fraud incident even though the transactions were authenticated by OTP. The ruling made it clear that when complex social engineering or technical manipulation is used, banks are nonetheless accountable even if they only rely on OTP validation. The legal protection provided to victims of unauthorised electronic banking transactions is strengthened by the court’s emphasis on the bank having the burden of evidence in accordance with RBI standards. 

Importantly, this ruling lays the full burden of securing digital banking systems on financial organisations and supports the judiciary’s increasing acknowledgement of the digital asymmetry between banks and consumers. It emphasises that prompt consumer reporting, banks’ failure to disclose important credentials, and their own operational errors must all be taken into consideration when determining culpability. As a result, this decision establishes a strong precedent that will increase consumer confidence, promote systemic advancements in digital risk management, and better integrate the zero liability standard into Indian digital banking law. In a time when cyber vulnerabilities are growing, it acts as a beacon for financial accountability. 

Conclusion

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The Zero Liability Principle serves as a vital safety net for customers navigating an increasingly intricate and precarious financial environment in a time when digital transactions are the foundation of contemporary banking. In addition to codifying strong safeguards against unauthorized electronic transactions, the RBI’s 2017 framework rebalanced  the fiduciary relationship by putting financial institutions squarely in charge. Through significant rulings, the courts have upheld this protective culture and emphasised that banks, not the victims of cybercrime, bear the burden of proof. 

It would be crucial to execute these principles consistently, review them frequently, and raise public awareness as India transitions to a more digital economy. In order to ensure that consumers are not only protected but also empowered must become more than just a policy on paper. 

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References

• https://www.business-standard.com/content/specials/making-money-vs-managing-money-india-s-critical-financial-literacy-gap-125021900786_1.html 
• https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-ruling-bank-liability-unauthorized-electronic-transaction-and-customer-fault-297962 
• https://www.mondaq.com/india/white-collar-crime-anti-corruption-fraud/1635616/cyber-law-series-2-issue-10-the-zero-liability-principle-in-cyber-fraud-hare-ram-singh-v-reserve-bank-of-india-ors-case 

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Introduction

When a tragedy strikes, moments are fragile, people are vulnerable, emotions run high, and every second is important. In such critical situations, information becomes as crucial as food, water, shelter, and medication. As soon as any information is received, it often leads to stampedes and chaos. Alongside the tragedy, whether natural or man-made, emerges another threat: misinformation. People, desperate for answers, cling to whatever they can find.

Tragedies can take many forms. These may include natural disasters, mass accidents, terrorist activities, or other emergencies. During the 2023 earthquakes in Turkey, misinformation spread on social media claiming that the Yarseli Dam had cracked and was about to burst. People believed it and began migrating from the area. Panic followed, and search and rescue teams stopped operations in that zone. Precious hours were lost. Later, it was confirmed to be a rumour. By then, the damage was already done.

Similarly, after the recent plane crash in Ahmedabad, India, numerous rumours and WhatsApp messages spread rapidly. One message claimed to contain the investigation report on the crash of Air India flight AI-171. It was later called out by PIB and declared fake.

These examples show how misinformation can take control of already painful moments. During emergencies, when emotions are intense and fear is widespread, false information spreads faster and hits harder. Some people share it unknowingly, while others do so to gain attention or push a certain agenda. But for those already in distress, the effect is often the same. It brings ore confusion, heightens anxiety, and adds to their suffering.

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Understanding Disasters and the Role of Media in Crisis

Disaster can be defined as a natural or human-caused situation that causes a transformation from a usual life of society into a crisis that is far beyond its existing response capacity. It can have minimal or maximum effects, from mere disruption in daily life practices to as adverse as inability to meet basic requirements of life like food, water and shelter. Hence, the disaster is not just a sudden event. It becomes a disaster when it overwhelms a community’s ability to cope with it. 

To cope with such situations, there is an organised approach called Disaster Management.  It includes preventive measures, minimising damages and helping communities recover. Earlier, public institutions like governments used to be the main actors in disaster management, but today, with every small entity having a role, academic institutions, media outlets and even ordinary people are involved. 

Communication is an important element in disaster management. It saves lives when done correctly. People who are vulnerable need to know what’s happening, what they should do and where to seek help.  It involves risk in today’s instantaneous communication. 

Research shows that the media often fails to focus on disaster preparedness. For example, studies found that during the 2019 Istanbul earthquake, the media focused more on dramatic scenes than on educating people. Similar trends were seen during the 2023 Turkey earthquakes. Rather than helping people prepare or stay calm, much of the media coverage amplified fear and sensationalised suffering. This shows a shift from preventive, helpful reporting to reactive, emotional storytelling. In doing so, the media sometimes fails in its duty to support resilience and worse, can become a channel for spreading misinformation during already traumatic events. However, fighting misinformation is not just someone’s liability. It is penalised in the official disaster management strategy. Section 54 of the Disaster Management Act, 2005 mentions that "Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall, on conviction, be punishable with imprisonment which may extend to one year or with a fine."

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AI as a Tool in Countering Misinformation 

AI has emerged as a powerful mechanism to fight against misinformation. AI technologies like Natural Language Processing (NLP) and Machine Learning (ML) are effective in spotting and classifying misinformation with up to 97% accuracy. AI flags unverified content, leading to a 24% decrease in shares and 7% drop in likes on platforms like TikTok.  Up to 95% fewer people view content on Facebook when fact-checking labels are used. Facebook AI also eliminates 86% of graphic violence, 96% of adult nudity, 98.5% of fake accounts and 99.5% of content related to terrorism. These tools help rebuild public trust in addition to limiting the dissemination of harmful content. In 2023, support for tech companies acting to combat misinformation rose to 65%, indicating a positive change in public expectations and awareness.

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How to Counter Misinformation

Experts should step up in such situations. Social media has allowed many so-called experts to spread fake information without any real knowledge, research, or qualification. In such conditions, real experts such as authorities, doctors, scientists, public health officials, researchers, etc., need to take charge. They can directly address the myths and false claims and stop misinformation before it spreads further and reduce confusion. 

Responsible journalism is crucial during crises. In times of panic, people look at the media for guidance. Hence, it is important to fact-check every detail before publishing. Reporting that is based on unclear tips, social media posts, or rumours can cause major harm by inciting mistrust, fear, or even dangerous behaviour. Cross-checking information, depending on reliable sources and promptly fixing errors are all components of responsible journalism. Protecting the public is more important than merely disseminating the news.

Focus on accuracy rather than speed. News spreads in a blink in today's world. Media outlets and influencers often come under pressure to publish it first.  But in tragic situations like natural disasters and disease outbreaks, rushing to come first is not as important as accuracy is, as a single piece of misinformation can spark mass-scale panic and can slow down emergency efforts and lead people to make rash decisions. Taking a little more time to check the facts ensures that the information being shared is helpful, not harmful. Accuracy may save numerous lives during tragedies. 

Misinformation spreads quickly it can only be prevented if people learn to critically evaluate what they hear and see. This entails being able to spot biased or deceptive headlines, cross-check claims and identify reliable sources.  Digital literacy is of utmost importance; it makes people less susceptible to fear-based rumours, conspiracy theories and hoaxes. 

Disaster preparedness programs should include awareness about the risks of spreading unverified information. Communities, schools and media platforms must educate people on how to respond responsibly during emergencies by staying calm, checking facts and sharing only credible updates. Spreading fake alerts or panic-inducing messages during a crisis is not only dangerous, but it can also have legal consequences. Public communication must focus on promoting trust, calm and clarity. When people understand the weight their words can carry during a crisis, they become part of the solution, not the problem.

References: 

1. https://dergipark.org.tr/en/download/article-file/3556152 
2. https://www.dhs.gov/sites/default/files/publications/SMWG_Countering-False-Info-Social-Media-Disasters-Emergencies_Mar2018-508.pdf 
3. https://english.mathrubhumi.com/news/india/fake-whatsapp-message-air-india-crash-pib-fact-check-fcwmvuyc ‍
4. https://www.dhs.gov/sites/default/files/publications/SMWG_Countering-False-Info-Social-Media-Disasters-Emergencies_Mar2018-508.pdf