#FactCheck - Viral Image of Bridge claims to be of Mumbai, but in reality it's located in Qingdao, China

Introduction

In the new age of technologies the internet and social media continue to witness a surge in deepfake videos a technological phenomenon that blurs the line between reality and fiction. The string of deepfake videos of Bollywood actors and other famous personalities has raised serious concerns. While Prime Minister Narendra Modi spoke against the risks of artificial intelligence at the G20 Virtual Summit. The central government has recently announced that it will soon set up dedicated regulations to tackle this Menace. This will include holding social media platforms and creators responsible for their actions against the rules and regulations. Very often most people shy away from initiating a legal process or taking action while being victims of misuse of fast-paced tech but the government has announced its big support to the victims and promised to stand by complaints against deepfake videos especially this includes helping individuals to report the incidents and any violations by platforms.

Social media platforms to realign their policies as per the Indian laws

The Ministry of Electronics and Information Technology (MeitY) announced on 24th November 2023 that it will be giving social media platforms seven days time period to align their terms of service and other policies with Indian laws and regulations in order to address the issue of hosting of deepfakes on these platforms. All platforms must align and transform their terms of use with their users to be consistent with the 12 areas that are prohibited under rule 3(1)(b) of the Information Technology (IT) Rules, 2021.

The platforms will ensure harmonization and alignment of their terms & policies so that every user on every platform is aware that when they use a platform the platform intends to be a safe and trusted platform and the platform will not tolerate these 12 types of content or information that have been prohibited under the IT Act and the IT rules. The government approach is to collectively advocate for responsible and safe use of the Internet. The government has taken a proactive step in partnership with these social media platforms to ensure an era where such platforms will be a lot more responsible and a lot more responsive to the expectations under the law and more compliant.

Officer to be appointed under rule 7 

As Deepfake Videos continue to surface on social media, the Government has geared up to curb such content online. Mr. Rajeev Chandrasekhar Minister of State, (Meity), stated that the government will soon appoint an officer to take appropriate action against deepfake videos. This statement came after the government meeting with industry stakeholders and important players held on 24 Nov 2023. He added that Meity and the government of India will nominate an officer under rule 7  (IT rules 2021) and will ensure full compliance expectations from all the platforms. An officer appointed under Rule 7,  will be entrusted with building a mechanism where users can put in their complaints regarding deepfakes and MeitY may also assist such aggrieved users with filing FIRs in such cases. Mr. Rajeev Chandrasekhar, Minister of State, (Meity) also added that we will also be creating a platform where it will be very easy for netizens to bring to the attention of the government of India and notices of allegations or reports of violation of law by the platforms and the rule 7 officer will take that digital platform information and respond accordingly. 

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (updated as on 6.4.2023)

Rule 3(1)(b) states that intermediaries shall inform its rules and regulations, privacy policy and user agreement to the user and shall make reasonable efforts to ‘restrict’ the users from hosting, displaying, uploading, modifying, publishing, transmitting, store, update or sharing any information that is prohibited under this rule which also includes deepfake, misinformation, CSAM(Child sexual abusive material) etc.  As per rule 3(2)(b) Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that expose the private areas of individuals, show such individuals in full or partial nudity or in a sexual act or is in the nature of impersonation including morphed images etc. 

Ongoing Efforts Ahead of Crucial Meeting with Tech Giants

Ahead of the government meeting with online platforms such as Google, Facebook, and YouTube on Friday, 24th November 2023, Mr. Rajeev Chandrasekhar Minister of State, (Meity) added that way back from October 2022 the government of India had been alerting them to the threat of misinformation and deepfakes which are part of misinformation. He further added that the current IT rules under the IT Act provide for adequate compliance requirements on their part to deal with deepfake.

Deepfake Misinformation

Misinformation powered by AI becoming an even more potent force to disrupt and to mislead and to create chaos and confusion at a scale and of a type that is deeply detrimental. Deepfakes in a very simple basic way is misinformation which is powered by or enhanced by AI. Video-based deepfake misinformation is more dangerous since it has a greater reach as video consumption today is the preferred choice by users on the internet.

Way forward

The Honorable Prime Minister has raised the issue that deep fakes are deeply disruptive they can create divisions and all kinds of disruptions in communities, in families and therefore misuse of deepfake technology is a very clear present danger to the safe and trusted internet.

The Government is on its way to draft a dedicated legislation dedicated to tackling deepfakes.

Even as we speak to a future regulation and a future law which is certainly required given that our IT Act is 23 years old. However current IT rules provide for compliance requirements by the platforms on misinformation patently false information and deepfakes. Followed by the recent government advisory on misinformation and deepfake.

Conclusion

Prime Minister alerting of the dangers of deepfakes online. The government is now in the process of starting to look very seriously into this issue and also issued guidelines for intermediaries and in a finite period of time it is hoped that the threat of deep fakes would actually no longer exist in in our system. The government made it clear that apart from people spreading deepfake videos, the platforms making them spread and not taking action will also be liable they are currently liable and will be even more so in future after new rules and regulations are brought in.

References:

• https://www.moneycontrol.com/news/technology/deepfakes-meity-gives-social-media-platforms-7-day-ultimatum-to-align-their-policies-to-indian-laws-and-regulations-11805521.html
• https://www.azbpartners.com/bank/amendments-to-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021/#:~:text=Prior%20to%20the%20amendment%2C%20under%20Rule%203(1)
• https://www.drishtiias.com/daily-updates/daily-news-analysis/amendments-to-the-it-rules-2021
• https://youtu.be/zmI2ml1d_Es?feature=shared
• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1975445

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Introduction

An age of unprecedented problems has been brought about by the constantly changing technological world, and misuse of deepfake technology has become a reason for concern which has also been discussed by the Indian Judiciary. Supreme Court has expressed concerns about the consequences of this quickly developing technology, citing a variety of issues from security hazards to privacy violations to the spread of disinformation. In general, misuse of deepfake technology is particularly dangerous since it may fool even the sharpest eye because they are almost identical to the actual thing.

SC judge expressed Concerns: A Complex Issue

During a recent speech, Supreme Court Justice Hima Kohli emphasized the various issues that deepfakes present. She conveyed grave concerns about the possibility of invasions of privacy, the dissemination of false information, and the emergence of security threats. The ability of deepfakes to be created so convincingly that they seem to come from reliable sources is especially concerning as it increases the potential harm that may be done by misleading information.

Gender-Based Harassment Enhanced

In this internet era, there is a concerning chance that harassment based on gender will become more severe, as Justice Kohli noted. She pointed out that internet platforms may develop into epicentres for the quick spread of false information by anonymous offenders who act worrisomely and freely. The fact that virtual harassment is invisible may make it difficult to lessen the negative effects of toxic online postings. In response, It is advocated that we can develop a comprehensive policy framework that modifies current legal frameworks—such as laws prohibiting sexual harassment online —to adequately handle the issues brought on by technology breakthroughs.

Judicial Stance on Regulating Deepfake Content

In a different move, the Delhi High Court voiced concerns about the misuse of deepfake and exercised judicial intervention to limit the use of artificial intelligence (AI)-generated deepfake content. The intricacy of the matter was highlighted by a division bench. The bench proposed that the government, with its wider outlook, could be more qualified to handle the situation and come up with a fair resolution. This position highlights the necessity for an all-encompassing strategy by reflecting the court's acknowledgement of the technology's global and borderless character.

PIL on Deepfake 

In light of these worries, an Advocate from Delhi has taken it upon himself to address the unchecked use of AI, with a particular emphasis on deepfake material. In the event that regulatory measures are not taken, his Public Interest Litigation (PIL), which is filed at the Delhi High Court, emphasises the necessity of either strict limits on AI or an outright prohibition. The necessity to discern between real and fake information is at the center of this case. Advocate suggests using distinguishable indicators, such as watermarks, to identify AI-generated work, reiterating the demand for openness and responsibility in the digital sphere.

The Way Ahead: 

Finding a Balance

• The authorities must strike a careful balance between protecting privacy, promoting innovation, and safeguarding individual rights as they negotiate the complex world of deepfakes. The Delhi High Court's cautious stance and Justice Kohli's concerns highlight the necessity for a nuanced response that takes into account the complexity of deepfake technology.
• Because of the increased complexity with which the information may be manipulated in this digital era, the court plays a critical role in preserving the integrity of the truth and shielding people from the possible dangers of misleading technology. The legal actions will surely influence how the Indian judiciary and legislature respond to deepfakes and establish guidelines for the regulation of AI in the nation. The legal environment needs to change as technology does in order to allow innovation and accountability to live together.

Collaborative Frameworks: 

• Misuse of deepfake technology poses an international problem that cuts beyond national boundaries. International collaborative frameworks might make it easier to share technical innovations, legal insights, and best practices. A coordinated response to this digital threat may be ensured by starting a worldwide conversation on deepfake regulation.

Legislative Flexibility: 

• Given the speed at which technology is advancing, the legislative system must continue to adapt. It will be required to introduce new legislation expressly addressing developing technology and to regularly evaluate and update current laws. This guarantees that the judicial system can adapt to the changing difficulties brought forth by the misuse of deepfakes.

AI Development Ethics: 

• Promoting moral behaviour in AI development is crucial. Tech businesses should abide by moral or ethical standards that place a premium on user privacy, responsibility, and openness. As a preventive strategy, ethical AI practices can lessen the possibility that AI technology will be misused for malevolent purposes.

Government-Industry Cooperation: 

• It is essential that the public and commercial sectors work closely together. Governments and IT corporations should collaborate to develop and implement legislation. A thorough and equitable approach to the regulation of deepfakes may be ensured by establishing regulatory organizations with representation from both sectors.

Conclusion

A comprehensive strategy integrating technical, legal, and social interventions is necessary to navigate the path ahead. Governments, IT corporations, the courts, and the general public must all actively participate in the collective effort to combat the misuse of deepfakes, which goes beyond only legal measures. We can create a future where the digital ecosystem is safe and inventive by encouraging a shared commitment to tackling the issues raised by deepfakes. The Government is on its way to come up with dedicated legislation to tackle the issue of deepfakes. Followed by the recently issued government advisory on misinformation and deepfake.

References:

• https://www.medianama.com/2023/12/223-chaitanya-rohilla-petition-deepfakes-delhi-hc/
• https://legal.economictimes.indiatimes.com/news/litigation/sc-judge-voices-concern-over-online-harassment-says-deepfake-tech-raises-privacy-invasion-alarms/105872768

On 22nd October 2024, Jyotiraditya Scindia, Union Minister for Communications, launched the (DoT) Department of Telecoms’ International Incoming Spoofed Calls Prevention System. This was introduced in light of efforts toward preventing international fraudulent calls that enable cyber crimes. A recent report as per PIB claims for the system to have been effective and played a role in a 90% reduction in the number of spoofed international calls, its instances falling from 1.35 Crore to 6 Lakhs within two months of the launch of the system.

International spoof calls are calls that masquerade as numbers originating from within the country when displayed on the target's mobile screen. This is done by manipulating the calling line identity or the CLI, commonly known as the phone number. Previous cases reported mention that such spoof calls have been used for conducting financial scams, impersonating government officials to carry out digital arrests, and inducing panic. Instances of threats of disconnecting numbers by TRAI officials, and narcotics officials on finding drugs or even contraband through couriers are also rampant. 

International Incoming Spoofed Calls Prevention System 

As was addressed in the Budget in 2024, the system was previously called the Centralised International Out Roamer (CIOR), and the DoT was allocated Rs.38.76 crore for the same. The Digital Intelligence Unit (DIU) under the DoT is another project that aims to investigate and research fraudulent use of telecom resources, including messages, scams, and spam - the budget for which has been increased from 50 to 85 crores.

The International Incoming Spoofed Calls Prevention System was implemented in two phases, the first one was at the level of the telephone companies (telcos). Telcos can verify their subscribers and Indian SIMs based on the Indian Telecom Service Providers (TSPs) international long-distance (ILD) network. When a user with an Indian number travels abroad, the roaming feature gets activated, and all calls hit the ILD network of the TSP. This allows the TSP to verify whether the numbers starting with +91 are genuinely making calls from abroad or from India. However, a TSP can only verify numbers that are issued with their TSP ILD network and not those of other TSPs. This issue was addressed in the second phase, as the DIU of DoT and the TSPs built an integrated system so that a centralised database could be used to check for genuine subscribers. 

CyberPeace Outlook

A press release on 23rd December 2024 encouraged the TSPs to label incoming International calls as International calls on the mobile screen of the receiver. Some of them have already started adding labels and are sending awareness messages informing their subscribers of tips on staying safe from scams. Apart from these, there are also applications available online that help in identifying callers and their location, however, these are at the behest of the users' efforts and have moderate trust value. At the level of the public, the practice of blocking unknown international numbers and not calling back, along with awareness regarding country codes is encouraged. Coordinated and updated efforts on the part of the Government and the TSPs are much appreciated in today's time as scammers continue to find new ways to commit cyber crimes using telecommunication resources.

References

1. https://www.hindustantimes.com/india-news/jyotiraditya-scindia-launches-dot-system-to-block-spam-international-calls-101729615441509.html
2. https://www.business-standard.com/india-news/centre-launches-system-to-block-international-spoofed-calls-curb-fraud-124102300449_1.html
3. https://www.opindia.com/2024/12/number-of-spoofed-international-calls-used-in-cyber-crimes-goes-down-by-90-in-2-months/
4. https://www.cnbctv18.com/technology/telecom/telecom-department-anti-spoofed-international-calls-19529459.htm
5. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2067113
6. https://pib.gov.in/PressReleasePage.aspx?PRID=2087644
7. https://www.hindustantimes.com/india-news/display-international-call-for-calls-from-abroad-to-curb-scams-dot-to-telecos-101735050551449.html 

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