#FactCheck - Bangladeshi Migrant’s Arrest Misrepresented as Indian in Viral Video!

The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf

In the Intricate mazes of the digital world, where the line between reality and illusion blurs, the quest for truth becomes a Sisyphean task. The recent firestorm of rumours surrounding global pop icon Dua Lipa's visit to Rajasthan, India, is a poignant example of this modern Dilemma. A single image, plucked from the continuum of time and stripped of context, became the fulcrum upon which a narrative of sexual harassment was precariously balanced. This incident, a mere droplet in the ocean of digital discourse, encapsulates the broader phenomenon of misinformation—a spectre that haunts the virtual halls of our interconnected existence.

Misinformation Incident

Amidst the ceaseless hum of social media, a claim surfaced with the tenacity of a weed in fertile soil: Dua Lipa, the three-time Grammy Award winner, had allegedly been subjected to sexual harassment during her sojourn in the historic city of Jodhpur. The evidence? A viral picture, its origins murky, accompanied by a caption that seemed to confirm the worst fears of her ardent followers. The digital populace quickly reacted, with many sharing the image, asserting the claim's veracity without pause for verification.

Unraveling the Fabric of Fake News: Fact-Checking Dua Lipa's India Experience

The narrative gained momentum through platforms of dubious credibility, such as the Twitter handle,' which, upon closer scrutiny by the Digital Forensics Research and Analytics Center, was revealed to be a purveyor of fake news. The very fabric of the claim began to unravel as the original photo was traced back to the official Facebook page of RVCJ Media, untainted by the allegations that had been so hastily ascribed to it. Moreover, the silence of Dua Lipa on the matter, rather than serving as a testament to the truth, inadvertently fueled the fires of speculation—a stark reminder of the paradox where the absence of denial is often misconstrued as an affirmation.

The pop star's words, shared on her Instagram account, painted a starkly different picture of her experience in India. She spoke not of fear and harassment, but of gratitude and joy, describing her trip as 'deeply meaningful' and expressing her luck to be 'within the magic' with her family. The juxtaposition of her heartfelt account with the sinister narrative constructed around her serves as a cautionary tale of the power of misinformation to distort and defile.

A Political Microcosm: Bye Elections of Telangana

Another incident is electoral misinformation, the political landscape of Telangana, India, bristled with anticipation as the Election Commission announced bye-elections for two Member of Legislative Council (MLC) seats. Here, too, the machinery of misinformation whirred into action, with political narratives being shaped and reshaped through the lens of partisan prisms. The electoral process, transparent in its intent, became susceptible to selective amplification, with certain facets magnified or distorted to fit entrenched political narratives. The bye-elections, thus, became a battleground not just for political supremacy but also for the integrity of information.

The Far-Reaching Claws of Misinformation: Fact Check

The misinformation regarding the experience of dua lipa upon India's visit and another incident of political Microcosm of Misinformation in Telangana are manifestations of a global challenge. Misinformation, adapts to the different contours of its environment, whether it be the gritty arena of politics or the glitzy realm of stardom. Its tentacles reach far and wide, with geopolitical implications that can destabilise regions, sow discord, and undermine the very pillars of democracy. The erosion of trust that misinformation engenders is perhaps its most insidious effect, as it chips away at the bedrock of societal cohesion and collective well-being.

Paradox of Technology 

The same technological developments that have allowed the spread of misinformation also hold the keys to its containment. Artificial intelligence-powered fact-checking tools, blockchain-enabled transparency counter-measures, and comprehensive digital literacy campaigns stand as bulwarks against falsehoods. These tools, however, are not panaceas; they require the active engagement and critical thinking skills of each digital citizen to be truly effective.

Conclusion

As we stand at the cusp of the digital age, the way forward demands vigilance, collaboration, and innovation. Cultivating a digitally literate person, capable of discerning the nuances of digital content, is paramount. Governments, the tech industry, media companies, and civil society must join forces in a common front, leveraging their collective expertise in the battle against misinformation. Promoting algorithmic accountability and fostering diverse information ecosystems will also be crucial in mitigating the inadvertent amplification of falsehoods.

In the end, discerning truth in the digital age is a delicate process. It requires us to be attuned to the rhythm of reality, and wary of the seductive allure of unverified claims. As we navigate this digital realm, remember that the truth is not just a destination but a journey that demands our unwavering commitment to the pursuit of what is real and what is right.

References 

• https://telanganatoday.com/eci-releases-schedule-for-bye-elections-to-two-mlc-seats-in-telangana
• https://www.oneindia.com/fact-check/was-pop-singer-dua-lipa-sexually-harassed-in-rajasthan-during-her-india-trip-heres-the-truth-3718833.html?story=3
• https://www.thequint.com/news/webqoof/edited-graphic-of-dua-lipa-being-sexually-harassed-in-jodhpur-falsely-shared-fact-check

Executive Summary:

Our Team recently came across a post on X (formerly twitter) where a photo widely shared with misleading captions was used about a Hindu Priest performing a vedic prayer at Washington after recent elections. After investigating, we found that it shows a ritual performed by a Hindu priest at a private event in White House to bring an end to the Covid-19 Pandemic. Always verify claims before sharing.

Claim:

An image circulating after Donald Trump’s win in the US election shows Pujari Harish Brahmbhatt at the White House recently. 

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Fact Check: 

The analysis was carried out and found that the video is from an old post that was uploaded in May 2020. By doing a Reverse Image Search we were able to trace the sacred Vedic Shanti Path or peace prayer was recited by a Hindu priest in the Rose Garden of the White House on the occasion of National Day of Prayer Service with other religious leaders to pray for the health, safety and well-being of everyone affected by the coronavirus pandemic during those difficult days, and to bring an end to Covid-19 Pandemic. 

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Conclusion:

The viral claim mentioning that a Hindu priest performed a Vedic prayer at the White House during Donald Trump’s presidency isn’t true. The photo is actually from a private event in 2020 and provides misleading information.  

Before sharing viral posts, take a brief moment to verify the facts. Misinformation spreads quickly and it’s far better to rely on trusted fact-checking sources.

• Claim:  Hindu priest held a Vedic prayer at the White House under Trump
• Claimed On:Instagram and X (Formerly Known As Twitter)
• Fact Check: False and Misleading