#FactCheck - Viral image claiming to show injury marks of the MP Kangana Ranaut slapped is fake & misleading
Executive Summary:
The viral image in the social media which depicts fake injuries on the face of the MP(Member of Parliament, Lok Sabha) Kangana Ranaut alleged to have been beaten by a CISF officer at the Chandigarh airport. The reverse search of the viral image taken back to 2006, was part of an anti-mosquito commercial and does not feature the MP, Kangana Ranaut. The findings contradict the claim that the photos are evidence of injuries resulting from the incident involving the MP, Kangana Ranaut. It is always important to verify the truthfulness of visual content before sharing it, to prevent misinformation.
Claims:
The images circulating on social media platforms claiming the injuries on the MP, Kangana Ranaut’s face were because of an assault incident by a female CISF officer at Chandigarh airport. This claim hinted that the photos are evidence of the physical quarrel and resulting injuries suffered by the MP, Kangana Ranaut.
Fact Check:
When we received the posts, we reverse-searched the image and found another photo that looked similar to the viral one. We could verify through the earring in the viral image with the new image.
The reverse image search revealed that the photo was originally uploaded in 2006 and is unrelated to the MP, Kangana Ranaut. It depicts a model in an advertisement for an anti-mosquito spray campaign.
We can validate this from the earrings in the photo after the comparison between the two photos.
Hence, we can confirm that the viral image of the injury mark of the MP, Kangana Ranaut has been debunked as fake and misleading, instead it has been cropped out from the original photo to misrepresent the context.
Conclusion:
Therefore, the viral photos on social media which claimed to be the results of injuries on the MP, Kangana Ranaut’s face after being assaulted allegedly by a CISF officer at the airport in Chandigarh were fake. Detailed analysis of the pictures provided the fact that the pictures have no connection with Ranaut; the picture was a 2006 anti-mosquito spray advertisement; therefore, the allegations that show these images as that of Ranaut’s injury are fake and misleading.
- Claim: photos circulating on social media claiming to show injuries on the MP, Kangana Ranaut's face following an assault incident by a female CISF officer at Chandigarh airport.
- Claimed on: X (Formerly known as Twitter), thread, Facebook
- Fact Check: Fake & Misleading
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Introduction
On 20th March 2024, the Indian government notified the Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting as the Fact Check Unit (FCU) of the Central Government. This PIB FCU is notified under the provisions of Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).
However, the next day, on 21st March 2024, the Supreme Court stayed the Centre's decision. The IT Amendment Rules of 2023 provide that the Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body to identify and tag what it considers fake news with respect to any activity of the Centre. The stay will be in effect till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.
The official notification dated 20th March 2024 read as follows:
“In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government.”
Impact of the notification
The impact of notifying PIB’s FCU under Rule 3(1)(b)(v)will empower the PIB’s FCU to issue direct takedown directions to the concerned Intermediary. Any information posted on social media in relation to the business of the central government that has been flagged as fake or false by the FCU has to be taken down by the concerned intermediary. If it fails to do so, it will lose the 'safe harbour' immunity against legal proceedings arising out of such information posted offered under Section 79 of IT Act, 2000.
Safe harbour provision u/s 79 of IT Act, 2000
Section 79 of the IT Act, 2000 serves as a safe harbour provision for intermediaries. The provision states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used unlawfully. Furthermore, intermediaries are obliged to observe due diligence on their platforms.
Rule 3 (1)(b)(v) Under IT Amendment Rules 2023
Rule 3(1)(b)(v) of The Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [updated as on 6.4.2023] provides that all intermediaries [Including a social media intermediary, a significant social media intermediary and an online gaming intermediary], are required to make "reasonable efforts” or perform due diligence to ensure that their users do not "host, display, upload, modify, publish, transmit, store, update or share” any information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify”.
PIB - FCU
The PIB - Fact Check Unit(FCU) was established in November 2019 to prevent the spread of fake news and misinformation about the Indian government. It also provides an accessible platform for people to report suspicious or questionable information related to the Indian government. This FCU is responsible for countering misinformation on government policies, initiatives, and schemes. The FCU is tasked with addressing misinformation about government policies, initiatives, and schemes, either directly (Suo moto) or through complaints received. On 20th March 2024,via a gazetted notification, the Centre notified the Press Information Bureau's fact-check unit (FCU) as the nodal agency to flag fake news or misinformation related to the central government. However, The Supreme Court stayed the Centre's notification of the Fact-Check Unit under IT Amendment Rules 2023.
Concerns with IT Amendment Rules 2023
The Ministry of Electronics and Information Technology(MeitY) amended the IT Rules of 2021. The ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023’ (IT Amendment Rules 2023) were notified by the Ministry of Electronics and Information Technology on 6 April 2023. The rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government” and also made other provisions pertaining to online gaming.
The Constitutional validity of IT Amendment Rules 2023 has been challenged through a writ petition challenging the IT Rules 2023 in the Bombay High Court. The contention is that the rules raise "serious constitutional questions," and Rule 3(1)(b)(v), as amended in 2023, impacts the fundamental right to freedom of speech and expression would fall for analysis by the High Court.
Supreme Court Stays Setting up of FCU
A bench comprising Chief Justice DY Chandra Hud, Justices JB Pardiwala and Manoj Misra convened to hear Special Leave Petitions filed by Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023. The Supreme Court has stayed the Union's notification of the Fact-Check Unit under the IT Amendment Rules 2023, pending the Bombay High Court's decision on the challenges to the IT Rules Amendment 2023.
Emphasizing Freedom of Speech in the Democratic Environment
The advent of advanced technology has also brought with it a new generation of threats and concerns: the misuse of said technology in the form of deepfakes and misinformation is one of the most pressing concerns plaguing society today. This realization has informed the critical need for stringent regulatory measures. The government is rightly prioritizing the need to immediately address digital threats, but there must be a balance between our digital security policies and the need to respect free speech and critical thinking. The culture of open dialogue is the bedrock of democracy. The ultimate truth is shaped through free trade in ideas within a competitive marketplace of ideas. The constitutional scheme of democracy places great importance on the fundamental value of liberty of thought and expression, which has also been emphasized by the Supreme Court in its various judgements.
The IT Rules, 2023,provide for creating a "fact check unit" to identify fake or false or misleading information “in relation to any business of the central government "This move raised concerns within the media fraternity, who argued that the determination of fake news cannot be placed solely in the hands of the government. It is also worth noting that if users post something illegal, they can still be punished under laws that already exist in the country.
We must take into account that freedom of speech under Article 19 of the Constitution is not an absolute right. Article 19(2) imposes restrictions on the Right to Freedom of Speech and expression. Hence, there has to be a balance between regulatory measures and citizens' fundamental rights.
Nowadays, the term ‘fake news’ is used very loosely. Additionally, there is a dearth of clearly established legal parameters that define what amounts to fake or misleading information. Clear definitions of the terms should be established to facilitate certainty as to what content is ‘fake news’ and what content is not. Any such restriction on speech must align with the exceptions outlined in Article19(2) of the Constitution.
Conclusion
Through a government notification, PIB - FCU was intended to act as a government-run fact-checking body to verify any information about the Central Government. However, the apex court of India stayed the Centre's notification. Now, the matter is sub judice, and we hope for the judicial analysis of the validity of IT Amendment Rules 2023.
Notably, the government is implementing measures to combat misinformation in the digital world, but it is imperative that we strive for a balance between regulatory checks and individual rights. As misinformation spreads across all sectors, a centralised approach is needed in order to tackle it effectively. Regulatory reforms must take into account the crucial roleplayed by social media in today’s business market: a huge amount of trade and commerce takes place online or is informed by digital content, which means that the government must introduce policies and mechanisms that continue to support economic activity. Collaborative efforts between the government and its agencies, technological companies, and advocacy groups are needed to deal with the issue better at a higher level.
References
- https://egazette.gov.in/(S(xzwt4b4haaqja32xqdiksbju))/ViewPDF.aspx
- https://pib.gov.in/PressReleasePage.aspx?PRID=2015792
- https://economictimes.indiatimes.com/tech/technology/govt-notifies-fact-checking-unit-under-pib-to-check-fake-news-misinformation-related-to-centre/articleshow/108653787.cms?from=mdr
- https://www.epw.in/journal/2023/43/commentary/it-amendment-rules-2023.html#:~:text=The%20Information%20Technology%20Amendment%20Rules,to%20be%20false%20or%20misleading
- https://www.livelaw.in/amp/top-stories/supreme-court-kunal-kamra-editors-guild-notifying-fact-check-unit-it-rules-2023-252998
- https://www.aljazeera.com/news/2024/3/21/india-top-court-stays-government-move-to-form-fact-check-unit-under-it-laws
- https://www.meity.gov.in/writereaddata/files/Information%20Technology 28Intermediary%20Guidelines%20and%20Digital% 20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf
- 2024 SCC On Line Bom 360
Executive Summary:
The picture that went viral with the false story that Dhoni was supporting the Congress party, actually shows his joy over Chennai Super Kings' victory in the achievement of 6 million followers on X (formerly known as Twitter) in 2020. Dhoni's gesture was misinterpreted by many, which resulted in the spread of false information. The Research team of CyberPeace did an in-depth investigation of the photo's roots and confirmed its authenticity through a reverse image search, highlighting how news outlets and CSK's official social media channels shared it. The case illustrates the value of fact verification and the role of real information in preventing the fake news epidemic.
Claims:
An image of former Indian Cricket captain Mahendra Singh Dhoni, showed him urging people to vote for the Congress party, wearing the Chennai Super Kings (CSK) jersey and showing his right palm visible and gesturing the number 'one' with his left index finger. In reality he is celebrating Chennai Super Kings' milestone achievement on X (formerly Twitter) in 2020. Many people are sharing the misinterpretation knowingly or unknowingly over social media platforms.
Fact Check:
After receiving the post, we ran a reverse image search of the image and found a news article published by NDTV. According to the news outlet, Dhoni and his teammates were celebrating CSK's milestone of reaching six million followers on X (formerly known as Twitter) in the photos.
In the image it is written as a tweet of @chennaiipl, to get an idea we dig into the official account of Chennai Super Kings on X (formerly known as Twitter). And Voila! we found the exact post which surfaced on the X (formerly known as Twitter) on 5th October 2020.
Additionally, we found a video posted on the X (formerly known as Twitter) handle of CSK, featuring other cricketers celebrating the Six Million Followers milestone for which they are thanking the audience for their support. Again, it was posted on Oct 05, 2020. The caption of the video is written as “Chennai Super #SixerOnTwitter! A big thanks to all the super fans for each and every bouquet and brickbat throughout the last decade. All the #yellove to you. #WhistlePodu”
Therefore it is easy to conclude that the viral image of MS Dhoni supporting Congress is wrong and misleading.
Conclusion:
The information that circulated online media regarding a picture of Mahendra Singh Dhoni supporting the Congress Party has been proven to be untrue. The actual photograph was of Dhoni congratulating the Chennai Super Kings for having six million followers on social media in the year 2020. This highlights the need for checking the facts of any news circulating online.
- Claim: A photo allegedly depicting former Indian cricket captain Mahendra Singh Dhoni encouraging people to support the Congress party in elections surfaced online.
- Claimed on: X (Formerly known as Twitter)
- Fact Check: Fake & Misleading
Introduction
With the rise of AI deepfakes and manipulated media, it has become difficult for the average internet user to know what they can trust online. Synthetic media can have serious consequences, from virally spreading election disinformation or medical misinformation to serious consequences like revenge porn and financial fraud. Recently, a Pune man lost ₹43 lakh when he invested money based on a deepfake video of Infosys founder Narayana Murthy. In another case, that of Babydoll Archi, a woman from Assam had her likeness deepfaked by an ex-boyfriend to create revenge porn.
Image or video manipulation used to leave observable traces. Online sources may advise examining the edges of objects in the image, checking for inconsistent patterns, lighting differences, observing the lip movements of the speaker in a video or counting the number of fingers on a person’s hand. Unfortunately, as the technology improves, such folk advice might not always help users identify synthetic and manipulated media.
The Coalition for Content Provenance and Authenticity (C2PA)
One interesting project in the area of trust-building under these circumstances has been the Coalition for Content Provenance and Authenticity (C2PA). Started in 2019 by Adobe and Microsoft, C2PA is a collaboration between major players in AI, social media, journalism, and photography, among others. It set out to create a standard for publishers of digital media to prove the authenticity of digital media and track changes as they occur.
When photos and videos are captured, they generally store metadata like the date and time of capture, the location, the device it was taken on, etc. C2PA developed a standard for sharing and checking the validity of this metadata, and adding additional layers of metadata whenever a new user makes any edits. This creates a digital record of any and all changes made. Additionally, the original media is bundled with this metadata. This makes it easy to verify the source of the image and check if the edits change the meaning or impact of the media. This standard allows different validation software, content publishers and content creation tools to be interoperable in terms of maintaining and displaying proof of authenticity.
The standard is intended to be used on an opt-in basis and can be likened to a nutrition label for digital media. Importantly, it does not limit the creativity of fledgling photo editors or generative AI enthusiasts; it simply provides consumers with more information about the media they come across.
Could C2PA be Useful in an Indian Context?
The World Economic Forum’s Global Risk Report 2024, identifies India as a significant hotspot for misinformation. The recent AI Regulation report by MeitY indicates an interest in tools for watermarking AI-based synthetic content for ease of detecting and tracking harmful outcomes. Perhaps C2PA can be useful in this regard as it takes a holistic approach to tracking media manipulation, even in cases where AI is not the medium.
Currently, 26 India-based organisations like the Times of India or Truefy AI have signed up to the Content Authenticity Initiative (CAI), a community that contributes to the development and adoption of tools and standards like C2PA. However, people are increasingly using social media sites like WhatsApp and Instagram as sources of information, both of which are owned by Meta and have not yet implemented the standard in their products.
India also has low digital literacy rates and low resistance to misinformation. Part of the challenge would be showing people how to read this nutrition label, to empower people to make better decisions online. As such, C2PA is just one part of an online trust-building strategy. It is crucial that education around digital literacy and policy around organisational adoption of the standard are also part of the strategy.
The standard is also not foolproof. Current iterations may still struggle when presented with screenshots of digital media and other non-technical digital manipulation. Linking media to their creator may also put journalists and whistleblowers at risk. Actual use in context will show us more about how to improve future versions of digital provenance tools, though these improvements are not guarantees of a safer internet.
The largest advantage of C2PA adoption would be the democratisation of fact-checking infrastructure. Since media is shared at a significantly faster rate than it can be verified by professionals, putting the verification tools in the hands of people makes the process a lot more scalable. It empowers citizen journalists and leaves a public trail for any media consumer to look into.
Conclusion
From basic colour filters to make a scene more engaging, to removing a crowd from a social media post, to editing together videos of a politician to make it sound like they are singing a song, we are so accustomed to seeing the media we consume be altered in some way. The C2PA is just one way to bring transparency to how media is altered. It is not a one-stop solution, but it is a viable starting point for creating a fairer and democratic internet and increasing trust online. While there are risks to its adoption, it is promising to see that organisations across different sectors are collaborating on this project to be more transparent about the media we consume.
References
- https://c2pa.org/
- https://contentauthenticity.org/
- https://indianexpress.com/article/technology/tech-news-technology/kate-middleton-9-signs-edited-photo-9211799/
- https://photography.tutsplus.com/articles/fakes-frauds-and-forgeries-how-to-detect-image-manipulation--cms-22230
- https://www.media.mit.edu/projects/detect-fakes/overview/
- https://www.youtube.com/watch?v=qO0WvudbO04&pp=0gcJCbAJAYcqIYzv
- https://www3.weforum.org/docs/WEF_The_Global_Risks_Report_2024.pdf
- https://indianexpress.com/article/technology/tech-news-technology/ai-law-may-not-prescribe-penal-consequences-for-violations-9457780/
- https://thesecretariat.in/article/meity-s-ai-regulation-report-ambitious-but-no-concrete-solutions
- https://www.ndtv.com/lifestyle/assam-what-babydoll-archi-viral-fame-says-about-india-porn-problem-8878689
- https://www.meity.gov.in/static/uploads/2024/02/9f6e99572739a3024c9cdaec53a0a0ef.pdf
