#FactCheck - "Viral Video Misleadingly Claims Surrender to Indian Army, Actually Shows Bangladesh Army”

Introduction

In the age of social media, the news can spread like wildfire. A recent viral claim contained that police have started a nationwide scheme of free travel service for women at night. It stated that any woman who is alone and cannot find a vehicle to go home between 10 PM and 06 AM can contact the provided numbers and request a free vehicle. The viral message further contained the request to share and forward this information to everyone to get the women to know about the free vehicle service offered by police at night. However, upon fact check the claim was found to be misleading.

Social Impact of Misleading Information

The fact that such misleading information gets viral at a fast speed is because of its ability to impact and influence people through emotional resonance. Especially during a time when women's safety is a topic discussed in media sensationalism due to recently highlighted rape or sexual violence incidents, such fake viral claims often spark widespread public concern, causing emotional resonance to people and they unknowingly share or forward such messages in the spike of emotional and sensational appeal contained in such messages. The emotional nature of these viral texts often overrides scepticism, leading to immediate sharing without verification. 

Such nature of viral messages often tends to bring people to protest, raise awareness and create support networks, but in spite of emotional resonance people get targeted by misinformation and become the unintended superspreaders of fake news fueled by emotional and social media-driven reactions. Women’s safety in society is a sensitive topic and when people discover such viral claims to be misleading and fake, it often hurts the sentiments of society leading to significant social impacts, including distrust in social media, unnecessary panic and confusion.

CyberPeace Policy Vertical Advisory for Social Media Users

1. Think before Sharing: All netizens must practice caution while sharing anything and double-check its authenticity before sharing/forwarding or reposting it on your social media stories.
2. Don't be unintended superspreaders of Misinformation: Misinformation with emotional resonance and widespread sharing by netizens can lead to them becoming "superspreaders of misinformation" and making it viral quickly. Hence you must avoid such unintended consequences by following the best practices of being vigilant and informed by reliable sources. 
3. Exercise vigilance and scepticism: It is important that netizens exercise vigilance and they build cognitive abilities to recognise the red flags of misleading information. You can do so by following the official communication channels, looking for any discrepancy in the content of susceptible information and double-checking its authenticity before sharing it with anyone. 
4. Verify the information from official sources: Follow the official communication channels of concerned authorities for any kind of information, circulars, notifications etc. In case of finding any piece of information to be susceptible or misleading, intimate it to the relevant authority and the fact-checking organizations. 
5. Stay in touch with expert organizations: Cybersecurity experts and civil society organisations possess the unique blend of large-scale impact potential and technical expertise. Netizens can stay updated about recent developments in the tech-policy sphere and learn about internet best practices, and measures to counter misinformation through methods such as prebunking, debunking and more. 

Connect with CyberPeace

As an expert organisation, we have the ability to educate and empower huge numbers, along with the skills and policy acumen needed to be able to not just make people aware of the problem but also teach them how to solve it for themselves. At CyberPeace we regularly produce fact-check reports, blogs & advisories, and insights on prebunking & debunking measures and capacity-building programs with the aim of empowering netizens at the heart of our initiatives. CyberPeace has established the largest network of CyberPeace Corps volunteers globally. These volunteers play a crucial role in assisting victims, raising awareness, and promoting proactive measures. 

References: 

1. indiatvnews.com/fact-check/fact-check-are-police-providing-free-travel-services-to-women-at-night-know-truth-of-viral-claim-2024-08-28-949280#:~:text=What%20came%20out%20in%20fact,be%20cautious%20of%20these%20claims

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Introduction

The global food industry is vast and complex, influencing consumer behaviour, policy, and health outcomes worldwide. However, misinformation within this sector is pervasive, with significant consequences for public health and market dynamics. Misinformation can arise from various sources, including misleading marketing campaigns, unsubstantiated health claims, and misrepresentation of food production practices through public endorsement or otherwise. Nutrition misinformation is one such example. The promotion of false or unproven products for profit can lead to mislead consumers and affect their interests. Misleading claims and inaccurate information about the nutritional value of food products and processes are common claims. The misinformation created about food on the global stage distorts public understanding of nutrition, food safety, and environmental impacts, leading to significant consequences for public health, consumer trust, and the economy.

Rise of Nutritional Misinformation and Consumer Distrust

Health and nutrition-related misinformation is one of the most prevalent types in the food sector. Businesses frequently advertise their products as "natural" or "healthy" without providing sufficient data to back up these claims, tricking customers into buying goods that might be heavy in fat, sugar, or salt. Words like "superfood" are frequently used without supporting evidence from science, giving the impression that they are healthier.

Misinformation also impacts the sustainability and ethics of food production. Claims of "sustainable" or "ethical" sourcing are frequently exaggerated or fabricated, leaving consumers unaware of the true environmental and social costs associated with certain products.

This lack of clarity is not only observed in general food trends but also within organisations meant to provide trustworthy information. There has been significant criticism, directed at the International Food Information Council (IFIC), for their alleged promotion of nutrition-based misinformation to safeguard the interests of large food corporations, resulting in potentially compromising public health. The preemptive claims that IFIC made about the nutritive claims have been questioned by the National Institutes of Health, USA in November 2022. They reported in their study that IFIC promotes food and beverage company interests and undermines the accurate dissemination of scientific evidence related to diet and health. This was in support of the objective of the study, which was to determine whether, there have been many claims that the nutritional value of certain foods or diets may be manipulated to favour business goals, leaving consumers misinformed about what constitutes a truly healthy diet.

Another source of misinformation is the growing ‘Free-From’ fad. The “free-from” label in the US is a food category of products that claim to be free from certain ingredients or chemicals. It has been steadily growing by 7% annually. These labels often tout products as healthier due to a simpler ingredient list. Although seemingly harmless, transparency in ingredient disclosure is often obscured in the 'free-from' trend. This can lead to consumer distrust in the long run, making them hesitant.

The Harmful Effects of Food Misinformation

The effects of misinformation about nutrition and food safety can directly affect public health.
Consumers unknowingly may accept false claims or avoid certain foods without scientific basis and adopt harmful dietary habits, potentially leading to malnutrition or other health problems. By the time the realisation sets in about being misled, their trust is eroded not only towards such companies but also towards the regulators. This distrust can lead to declining consumer confidence and disrupt market stability. 

Some food-related misinformation downplays the environmental impact that certain food production practices have. An example of such a situation is the promotion of meat alternatives as being entirely eco-friendly without considering all environmental factors. This can mislead consumers and obscure the complex environmental effects of food production systems. 

Misinformation can distort consumer purchasing habits, potentially leading to a reduced demand for certain products and unfair competition. The sufferers in this case are the small-scale producers who suffer disproportionately, while the large corporations might use this misinformation to maintain their dominance in the market. Regulatory checks, open communication, and public education campaigns are needed to combat mis/disinformation in the global food sector and enable consumers to make decisions that are sustainable, healthful and informed.

CyberPeace Recommendations

• Unfair trade practices like providing misleading information or unchecked claims on food products should be better addressed by the regulators. Companies must provide clear, transparent and accurate information about their products as mandated under the Food Safety and Standards (Advertising and Claims) Regulations, 2018. This information should include the true origins, production methods, and nutritional content on their labels.
• Promotions of initiatives and investments by public health organisations and food authorities towards educating consumers and improving food literacy should encouraged. 
• Regulating social media endorsement is also crucial to prevent the spread of misinformation and unchecked claims. Without proper due diligence on product details, influencers may unknowingly mislead their audience, causing potential harm. 
• The Social Media Platforms can partner with nutritionists, dietitians, and other health professionals who are content creators, as they can help in understanding and promoting accurate, science-based nutrition information and debunk any misleading claims.
• Campaigns should be encouraged to spread public awareness about the harms of food-related misleading claims or trends. Emphasis should be on evidence-based nutritional guidance. The ongoing research towards food safety, nutrition, and true information should be actively communicated to keep the public informed. Combating food misinformation requires more robust regulations, improved transparency, and heightened consumer awareness and vigilance.

References

• https://timesofindia.indiatimes.com/india/label-claims-on-packaged-food-could-be-misleading-icmr/articleshow/110053363.cms 
• https://www.outlookindia.com/hub4business/empowering-change-freedom-food-alliance-takes-on-global-food-industry-misinformation 
• https://insightsnow.com/misinformation-hurting-food-business/ ‍
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9618198/pdf/12992_2022_Article_884.pdf

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