#FactCheck - Viral image circulating on social media depicts a natural optical illusion from Epirus, Greece.

Introduction

The fast-paced development of technology and the wider use of social media platforms have led to the rapid dissemination of misinformation with characteristics such as diffusion, fast propagation speed, wide influence, and deep impact through these platforms. Social Media Algorithms and their decisions are often perceived as a black box introduction that makes it impossible for users to understand and recognise how the decision-making process works. 

Social media algorithms may unintentionally promote false narratives that garner more interactions, further reinforcing the misinformation cycle and making it harder to control its spread within vast, interconnected networks. Algorithms judge the content based on the metrics, which is user engagement. It is the prerequisite for algorithms to serve you the best. Hence, algorithms or search engines enlist relevant items you are more likely to enjoy. This process, initially, was created to cut the clutter and provide you with the best information. However, sometimes it results in unknowingly widespread misinformation due to the viral nature of information and user interactions. 

Analysing the Algorithmic Architecture of Misinformation

Social media algorithms, designed to maximize user engagement, can inadvertently promote misinformation due to their tendency to trigger strong emotions, creating echo chambers and filter bubbles. These algorithms prioritize content based on user behaviour, leading to the promotion of emotionally charged misinformation. Additionally, the algorithms prioritize content that has the potential to go viral, which can lead to the spread of false or misleading content faster than corrections or factual content.

Additionally, popular content is amplified by platforms, which spreads it faster by presenting it to more users. Limited fact-checking efforts are particularly difficult since, by the time they are reported or corrected, erroneous claims may have gained widespread acceptance due to delayed responses. Social media algorithms find it difficult to distinguish between real people and organized networks of troll farms or bots that propagate false information. This creates a vicious loop where users are constantly exposed to inaccurate or misleading material, which strengthens their convictions and disseminates erroneous information through networks.

Though algorithms, primarily, aim to enhance user engagement by curating content that aligns with the user's previous behaviour and preferences. Sometimes this process leads to "echo chambers," where individuals are exposed mainly to information that reaffirms their beliefs which existed prior, effectively silencing dissenting voices and opposing viewpoints. This curated experience reduces exposure to diverse opinions and amplifies biased and polarising content, making it arduous for users to discern credible information from misinformation. Algorithms feed into a feedback loop that continuously gathers data from users' activities across digital platforms, including websites, social media, and apps. This data is analysed to optimise user experiences, making platforms more attractive. While this process drives innovation and improves user satisfaction from a business standpoint, it also poses a danger in the context of misinformation. The repetitive reinforcement of user preferences leads to the entrenchment of false beliefs, as users are less likely to encounter fact-checks or corrective information.

Moreover, social networks and their sheer size and complexity today exacerbate the issue. With billions of users participating in online spaces, misinformation spreads rapidly, and attempting to contain it—such as by inspecting messages or URLs for false information—can be computationally challenging and inefficient. The extensive amount of content that is shared daily means that misinformation can be propagated far quicker than it can get fact-checked or debunked.

Understanding how algorithms influence user behaviour is important to tackling misinformation. The personalisation of content, feedback loops, the complexity of network structures, and the role of superspreaders all work together to create a challenging environment where misinformation thrives. Hence, highlighting the importance of countering misinformation through robust measures. 

The Role of Regulations in Curbing Algorithmic Misinformation

The EU's Digital Services Act (DSA) applicable in the EU is one of the regulations that aims to increase the responsibilities of tech companies and ensure that their algorithms do not promote harmful content. These regulatory frameworks play an important role they can be used to establish mechanisms for users to appeal against the algorithmic decisions and ensure that these systems do not disproportionately suppress legitimate voices. Independent oversight and periodic audits can ensure that algorithms are not biased or used maliciously. Self-regulation and Platform regulation are the first steps that can be taken to regulate misinformation. By fostering a more transparent and accountable ecosystem, regulations help mitigate the negative effects of algorithmic misinformation, thereby protecting the integrity of information that is shared online. In the Indian context, the Intermediary Guidelines, 2023, Rule 3(1)(b)(v) explicitly prohibits the dissemination of misinformation on digital platforms. The ‘Intermediaries’ are obliged to ensure reasonable efforts to prevent users from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information related to the 11 listed user harms or prohibited content. This rule aims to ensure platforms identify and swiftly remove misinformation, and false or misleading content.

Cyberpeace Outlook

Understanding how algorithms prioritise content will enable users to critically evaluate the information they encounter and recognise potential biases. Such cognitive defenses can empower individuals to question the sources of the information and report misleading content effectively. In the future of algorithms in information moderation, platforms should evolve toward more transparent, user-driven systems where algorithms are optimised not just for engagement but for accuracy and fairness. Incorporating advanced AI moderation tools, coupled with human oversight can improve the detection and reduction of harmful and misleading content. Collaboration between regulatory bodies, tech companies, and users will help shape the algorithms landscape to promote a healthier, more informed digital environment.

References:

• https://www.advancedsciencenews.com/misformation-spreads-like-a-nuclear-reaction-on-the-internet/
• https://www.niemanlab.org/2024/09/want-to-fight-misinformation-teach-people-how-algorithms-work/ 
• Press Release: Press Information Bureau (pib.gov.in) 

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There has been a struggle to create legal frameworks that can define where free speech ends and harmful misinformation begins, specifically in democratic societies where the right to free expression is a fundamental value.  Platforms like YouTube, Wikipedia, and Facebook have gained a huge consumer base by focusing on hosting user-generated content. This content includes anything a visitor puts on a website or social media pages. 

The legal and ethical landscape surrounding misinformation is dependent on creating a fine balance between freedom of speech and expression while protecting public interests, such as truthfulness and social stability. This blog is focused on examining the legal risks of misinformation, specifically user-generated content, and the accountability of platforms in moderating and addressing it.

The Rise of Misinformation and Platform Dynamics

Misinformation content is amplified by using algorithmic recommendations and social sharing mechanisms. The intent of spreading false information is closely interwoven with the assessment of user data to identify target groups necessary to place targeted political advertising. The disseminators of fake news have benefited from social networks to reach more people, and from the technology that enables faster distribution and can make it more difficult to distinguish fake from hard news.

Multiple challenges emerge that are unique to social media platforms regulating misinformation while balancing freedom of speech and expression and user engagement. The scale at which content is created and published, the different regulatory standards, and moderating misinformation without infringing on freedom of expression complicate moderation policies and practices.

The impacts of misinformation on social, political, and economic consequences, influencing public opinion, electoral outcomes, and market behaviours underscore the urgent  need for effective regulation, as the consequences of inaction can be profound and far-reaching.

Legal Frameworks and Evolving Accountability Standards

Safe harbour principles allow for the functioning of a free, open and borderless internet. This principle is embodied under the US Communications Decency Act and the Information Technology Act in Sections 230 and 79 respectively.  They play a pivotal role in facilitating the growth and development of the Internet. The legal framework governing misinformation around the world is still in nascent stages. Section 230 of the CDA protects platforms from legal liability relating to harmful content posted on their sites by third parties. It further allows platforms to police their sites for harmful content and protects them from liability if they choose not to.

By granting exemptions to intermediaries, these safe harbour provisions help nurture an online environment that fosters free speech and enables users to freely express themselves without arbitrary intrusions.

A shift in regulations has been observed in recent times. An example is the enactment of the Digital Services Act of 2022 in the European Union.  The Act requires companies having at least 45 million monthly users to create systems to control the spread of misinformation, hate speech and terrorist propaganda, among other things. If not followed through, they risk penalties of up to 6% of the global annual revenue or even a ban in EU countries.

Challenges and Risks for Platforms

There are multiple challenges and risks faced by platforms that surround user-generated misinformation. 

• Moderating user-generated misinformation is a big challenge, primarily because of the quantity of data in question and the speed at which it is generated. It further leads to legal liabilities, operational costs and reputational risks.   
• Platforms can face potential backlash, both in instances of over-moderation or under-moderation. It can be considered as censorship, often overburdening. It can also be considered as insufficient governance in cases where the level of moderation is not protecting the privacy rights of users. 
• Another challenge is more in the technical realm, including the  limitations of AI and algorithmic moderation in detecting nuanced misinformation. It holds out to the need for human oversight to sift through the misinformation that is created by AI-generated content.  

Policy Approaches: Tackling Misinformation through Accountability and Future Outlook

Regulatory approaches to misinformation each present distinct strengths and weaknesses. Government-led regulation establishes clear standards but may risk censorship, while self-regulation offers flexibility yet often lacks accountability. The Indian framework, including the IT Act and the Digital Personal Data Protection Act of 2023, aims to enhance data-sharing oversight and strengthen accountability. Establishing clear definitions of misinformation and fostering collaborative oversight involving government and independent bodies can balance platform autonomy with transparency. Additionally, promoting international collaborations and innovative AI moderation solutions is essential for effectively addressing misinformation, especially given its cross-border nature and the evolving expectations of users in today’s digital landscape.

Conclusion

A balance between protecting free speech and safeguarding public interest is needed to navigate the legal risks of user-generated misinformation poses. As digital platforms like YouTube, Facebook, and Wikipedia continue to host vast amounts of user content, accountability measures are essential to mitigate the harms of misinformation. Establishing clear definitions and collaborative oversight can enhance transparency and build public trust. Furthermore, embracing innovative moderation technologies and fostering international partnerships will be vital in addressing this cross-border challenge. As we advance, the commitment to creating a responsible digital environment must remain a priority to ensure the integrity of information in our increasingly interconnected world.

References

• https://www.thehindu.com/opinion/op-ed/should-digital-platform-owners-be-held-liable-for-user-generated-content/article68609693.ece
• https://www.thehindu.com/opinion/op-ed/should-digital-platform-owners-be-held-liable-for-user-generated-content/article68609693.ece 
• https://hbr.org/2021/08/its-time-to-update-section-230 
• https://www.cnbctv18.com/information-technology/deepfakes-digital-india-act-safe-harbour-protection-information-technology-act-sajan-poovayya-19255261.htm 

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Introduction

Misinformation is, to its basic meaning, incorrect or misleading information, it may or may not include specific malicious intent and includes inaccurate, incomplete, misleading, or false information and selective or half-truths. The main challenges in dealing with misinformation are defining and distinguishing misinformation from legitimate content. This complexity arises due to the rapid evolution and propagation which information undergoes on the digital platforms. Additionally, balancing the fundamental right of freedom of speech and expression with content regulation by state actors poses a significant challenge. It requires careful consideration to avoid censorship while effectively combating harmful misinformation. 

Acknowledging the severe consequences of misinformation and the critical need to combat misinformation, Bharatiya Nyaya Sanhita (BNS), 2023 has implemented key measures to address misinformation in India. These new provisions introduced under the new criminal laws in India penalise the deliberate creation, distribution, or publication of inaccurate information. Previously missing from the IPC, these sections offer an additional legal resource to counter the proliferation of falsehoods, complementing existing laws targeting the same issue.

Section 353 of the BNS on Statements Conducing to Public Mischief criminalises making, publishing, or circulating statements, false information, rumours, or reports, including through electronic means, with the intent or likelihood of causing various harmful outcomes. 

This section thus brings misinformation into its ambit, since misinformation has been traditionally used to induce public fear or alarm that may lead to offences against the State or public tranquillity or inciting one class or community to commit offences against another. The section also penalizes the promotion of enmity, hatred, or ill will among different religious, racial, linguistic, or regional groups. 

BNS also prescribes punishment of imprisonment for up to three years, a fine, or both for offences under section 353. Interestingly, a longer imprisonment of up to 5 years along with a fine has been prescribed to curb such offences in places of worship or during religious ceremonies. The only exception that may be availed under this section is granted to unsuspecting individuals who, believing the misinformation to be true, spread misinformation without any ill intent. However, this exception may not be as effective in curbing misinformation, since at the outset, the offence is hard to trace and has multiple pockets for individuals to seek protection without any mechanism to verify their intent.

The BNS also aims to regulate misinformation through Section 197(1)(d) on Imputations, assertions prejudicial to national integration. Under this provision, anyone who makes or publishes false or misleading information, whether it is in the form of spoken words, written, by signs, in visible representations, or through electronic communication, therefore, results in jeopardising the sovereignty, unity, integrity, or security of India is liable to face punishment in the form of imprisonment for up to three years, a fine, or both and if it occurs in a place of worship or during religious ceremonies, the quantum of punishment is increased to imprisonment for up to five years and may include a fine. Additionally, Section 212 (a) & (b) provides against furnishing false information. If a person who is legally obligated to provide information to a public servant, knowingly or reasonably believes that the information is false, and still furnishes it, they now face a punishment of six months imprisonment or a fine up to five thousand rupees or both. However,  if the false information pertains to the commission or prevention of an offence, or the apprehension of an offender, the punishment increases to imprisonment for up to two years, a fine, or both.

Enforcement Mechanisms: CyberPeace Policy Wing Outlook

To ensure the effective enforcement of these provisions, coordination between the key stakeholders, i.e., the law enforcement agencies, digital platforms, and judicial oversight is essential. Law enforcement agencies must utilize technology such as data analytics and digital forensics for tracking and identifying the origins of false information. This technological capability is crucial for pinpointing the sources and preventing the further spread of misinformation. Simultaneously, digital platforms associated with misinformation content are required to implement robust monitoring and reporting mechanisms to detect and address the generated misleading content proactively. A supporting oversight by judicial bodies plays a critical role in ensuring that enforcement actions are conducted fairly and in line with legal standards. It helps maintain a balance between addressing misinformation and upholding fundamental rights such as freedom of speech. The success of the BNS in addressing these challenges will depend on the effective integration of these mechanisms and ongoing adaptation to the evolving digital landscape.

Resources:

• Bharatiya Nyaya Sanhita, 2023 https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf 
• https://www.foxmandal.in/changes-brought-forth-by-the-bharatiya-nyaya-sanhita-2023/ 
• https://economictimes.indiatimes.com/news/india/spreading-fake-news-could-land-people-in-jail-for-three-years-under-new-bharatiya-nyaya-sanhita-bill/articleshow/102669105.cms?from=mdr 

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