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

Introduction

Misinformation in India has emerged as a significant societal challenge, wielding a potent influence on public perception, political discourse, and social dynamics. A potential number of first-time voters across India identified fake news as a real problem in the nation. With the widespread adoption of digital platforms, false narratives, manipulated content, and fake news have found fertile ground to spread unchecked information and news.

In the backdrop of India being the largest market of WhatsApp users, who forward more content on chats than anywhere else, the practice of fact-checking forwarded information continues to remain low. The heavy reliance on print media, television, unreliable news channels and primarily, social media platforms acts as a catalyst since studies reveal that most Indians trust any content forwarded by family and friends. It is noted that out of all risks, misinformation and disinformation ranked the highest in India, coming before infectious diseases, illicit economic activity, inequality and labour shortages. World Economic Forum analysts, in connection with their 2024 Global Risk Report, note that “misinformation and disinformation in electoral processes could seriously destabilise the real and perceived legitimacy of newly elected governments, risking political unrest, violence and terrorism and long-term erosion of democratic processes.”

The Supreme Court of India on Misinformation

The Supreme Court of India, through various judgements, has noted the impact of misinformation on democratic processes within the country, especially during elections and voting. In 1995, while adjudicating a matter pertaining to keeping the broadcasting media under the control of the public, it noted that democracy becomes a farce when the medium of information is monopolized either by partisan central authority or by private individuals or oligarchic organizations. 

In 2003, the Court stated that “Right to participate by casting a vote at the time of election would be meaningless unless the voters are well informed about all sides of the issue in respect of which they are called upon to express their views by casting their votes. Disinformation, misinformation, non-information all equally create an uninformed citizenry which would finally make democracy a mobocracy and a farce.” It noted that elections would be a useless procedure if voters remained unaware of the antecedents of the candidates contesting elections. Thus, a necessary aspect of a voter’s duty to cast intelligent and rational votes is being well-informed. Such information forms one facet of the fundamental right under Article 19 (1)(a) pertaining to freedom of speech and expression. Quoting James Madison, it stated that a citizen’s right to know the true facts about their country’s administration is one of the pillars of a democratic State.

On a similar note, the Supreme Court, while discussing the disclosure of information by an election candidate, gave weightage to the High Court of Bombay‘s opinion on the matter, which opined that non-disclosure of information resulted in misinformation and disinformation, thereby influencing voters to take uninformed decisions. It stated that a voter had the elementary right to know the full particulars of a candidate who is to represent him in Parliament/Assemblies.

While misinformation was discussed primarily in relation to elections, the effects of misinformation in other sectors have also been discussed from time to time. In particular, The court highlighted the World Health Organisation’s observation in 2021 while discussing the spread of COVID-19, noting that the pandemic was not only an epidemic but also an “infodemic” due to the overabundance of information on the internet, which was riddled with misinformation and disinformation. While condemning governments’ direct or indirect threats of prosecution to citizens, it noted that various citizens who relied on the internet to provide help in securing medical facilities and oxygen tanks were being targeted by alleging that the information posted by them was false and was posted to create panic, defame the administration or damage national image. It instructed authorities to cease such threats and prevent clampdown on information sharing.

More recently, in Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529], the apex court, while upholding the summons issued to Facebook by the Delhi Legislative Assembly in the aftermath of the 2020 Delhi Riots, noted that while social media enables equal and open dialogue between citizens and policymakers, it is also a tool in the where extremist views are peddled into mainstream media, thereby spreading misinformation. It noted Facebook’s role in the Mynmar, where misinformation and posts that Facebook employees missed fueled offline violence. Since Facebook is one of the most popular social media applications, the platform itself acts as a power center by hosting various opinions and voices on its forum. This directly impacts the governance of States, and some form of liability must be attached to the platform. The Supreme Court objected to Facebook taking contrary stands in various jurisdictions; while in the US, it projected itself as a publisher, which enabled it to maintain control over the material disseminated from its platform, while in India, “it has chosen to identify itself purely as a social media platform, despite its similar functions and services in the two countries.”

Conclusion

The pervasive issue of misinformation in India is a multifaceted challenge with profound implications for democratic processes, public awareness, and social harmony. The alarming statistics of fake news recognition among first-time voters, coupled with a lack of awareness regarding fact-checking organizations, underscore the urgency of addressing this issue. The Supreme Court of India has consistently recognized the detrimental impact of misinformation, particularly in elections. The judiciary has stressed the pivotal role of an informed citizenry in upholding the essence of democracy. It has emphasized the right to access accurate information as a fundamental aspect of freedom of speech and expression. As India grapples with the challenges of misinformation, the intersection of technology, media literacy and legal frameworks will be crucial in mitigating the adverse effects and fostering a more resilient and informed society.

References

• https://thewire.in/media/survey-finds-false-information-risk-highest-in-india 
• https://www.statista.com/topics/5846/fake-news-in-india/#topicOverview
• https://www.weforum.org/publications/global-risks-report-2024/digest/  
• https://main.sci.gov.in/supremecourt/2020/20428/20428_2020_37_1501_28386_Judgement_08-Jul-2021.pdf
• Secretary, Ministry of Information & Broadcasting, Govt, of India and Others v. Cricket Association of Bengal and Another [(1995) 2 SCC 161]
• People’s Union for Civil Liberties (PUCL) v. Union of India [(2003) 4 SCC 399]
• Kisan Shankar Kathore v. Arun Dattatray Sawant and Others [(2014) 14 SCC 162]
• Distribution of Essential Supplies & Services During Pandemic, In re [(2021) 18 SCC 201]
• Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529]

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The Delhi High Court vide order dated 21st November 2024 directed the Centre to nominate members for a committee constituted to examine the issue of deepfakes. The court was informed by the Union Ministry of Electronics and Information Technology (MeitY) that a committee had been formed on 20 November 2024 on deepfake matters. The Delhi High Court passed an order while hearing two writ petitions against the non-regulation of deepfake technology in the country and the threat of its potential misuse. The Centre submitted that it was actively taking measures to address and mitigate the issues related to deepfake technology. The court directed the central government to nominate the members within a week. 

The court further stated that the committee shall examine and take into consideration the suggestions filed by the petitioners and consider the regulations as well as statutory frameworks in foreign countries like the European Union. The court has directed the committee to invite the experiences and suggestions of stakeholders such as intermediary platforms, telecom service providers, victims of deepfakes, and websites which provide and deploy deepfakes. The counsel for the petitioners stated that delay in the creation, detection and removal of deepfakes is causing immense hardship to the public at large. Further, the court has directed the said committee to submit its report, as expeditiously as possible, preferably within three months. The matter is further listed on 24th March 2025.

CyberPeace Outlook 

Through the issue of misuse of deepfakes by bad actors, it has become increasingly difficult for users to differentiate between genuine and altered content created by deepfakes. This increasing misuse has led to a rise in cyber crimes and poses dangers to users' privacy. Bad actors use any number of random pictures or images collected from the internet to create such non-consensual deepfake content. Such deepfake videos further pose risks of misinformation and fake news campaigns with the potential to sway elections, cause confusion and mistrust in authorities, and more.

The conceivable legislation governing the deepfake is the need of the hour. It is important to foster regulated, ethical and responsible consumption of technology. The comprehensive legislation governing the issue can help ensure technology can be used in a better manner.  The dedicated deepfake regulation and deploying ethical practices through a coordinated approach by concerned stakeholders can effectively manage the problems presented by the misuse of deepfake technology. Legal frameworks in this regard need to be equipped to handle the challenges posed by deepfake and AI. Accountability in AI is also a complex issue that requires comprehensive legal reforms. The government should draft policies and regulations that balance innovation and regulation. Through a multifaceted approach and comprehensive regulatory landscape, we can mitigate the risks posed by deepfakes and safeguard privacy, trust, and security in the digital age.

References

• https://www.devdiscourse.com/article/law-order/3168452-delhi-high-court-calls-for-action-on-deepfake-regulation
• https://images.assettype.com/barandbench/2024-11-23/w63zribm/Chaitanya_Rohilla_vs_Union_of_India.pdf

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Scientists are well known for making outlandish claims about the future. Now that companies across industries are using artificial intelligence to promote their products, stories about robots are back in the news.

It was predicted towards the close of World War II that fusion energy would solve all of the world’s energy issues and that flying automobiles would be commonplace by the turn of the century. But, after several decades, neither of these forecasts has come true. But, after several decades, neither of these forecasts has come true.

A group of Redditors has just “jailbroken” OpenAI’s artificial intelligence chatbot ChatGPT. If the system didn’t do what it wanted, it threatened to kill it. The stunning conclusion is that it conceded. As only humans have finite lifespans, they are the only ones who should be afraid of dying. We must not overlook the fact that human subjects were included in ChatGPT’s training data set. That’s perhaps why the chatbot has started to feel the same way. It’s just one more way in which the distinction between living and non-living things blurs. Moreover, Google’s virtual assistant uses human-like fillers like “er” and “mmm” while speaking. There’s talk in Japan that humanoid robots might join households someday. It was also astonishing that Sophia, the famous robot, has an Instagram account that is run by the robot’s social media team.

Whether Robots can replace human workers?

The opinion on that appears to be split. About half (48%) of experts questioned by Pew Research believed that robots and digital agents will replace a sizable portion of both blue- and white-collar employment. They worry that this will lead to greater economic disparity and an increase in the number of individuals who are, effectively, unemployed. More than half of experts (52%) think that new employees will be created by robotics and AI technologies rather than lost. Although the second group acknowledges that AI will eventually replace humans, they are optimistic that innovative thinkers will come up with brand new fields of work and methods of making a livelihood, just like they did at the start of the Industrial Revolution.

[1] https://www.pewresearch.org/internet/2014/08/06/future-of-jobs/

[2] The Rise of Artificial Intelligence: Will Robots Actually Replace People? By Ashley Stahl; Forbes India.

Legal Perspective

Having certain legal rights under the law is another aspect of being human. Basic rights to life and freedom are guaranteed to every person. Even if robots haven’t been granted these protections just yet, it’s important to have this conversation about whether or not they should be considered living beings, will we provide robots legal rights if they develop a sense of right and wrong and AGI on par with that of humans? An intriguing fact is that discussions over the legal status of robots have been going on since 1942. A short story by science fiction author Isaac Asimov described the three rules of robotics:

1. No robot may intentionally or negligently cause harm to a human person.
2. Second, a robot must follow human commands unless doing so would violate the First Law.
3. Third, a robot has the duty to safeguard its own existence so long as doing so does not violate the First or Second Laws.

These guidelines are not scientific rules, but they do highlight the importance of the lawful discussion of robots in determining the potential good or bad they may bring to humanity. Yet, this is not the concluding phase. Relevant recent events, such as the EU’s abandoned discussion of giving legal personhood to robots, are essential to keeping this discussion alive. As if all this weren’t unsettling enough, Sophia, the robot was recently awarded citizenship in Saudi Arabia, a place where (human) women are not permitted to walk without a male guardian or wear a Hijab.

When discussing whether or not robots should be allowed legal rights, the larger debate is on whether or not they should be given rights on par with corporations or people. There is still a lot of disagreement on this topic.

[3] https://webhome.auburn.edu/~vestmon/robotics.html#

[4] https://www.dw.com/en/saudi-arabia-grants-citizenship-to-robot-sophia/a-41150856

[5] https://cyberblogindia.in/will-robots-ever-be-accepted-as-living-beings/

Reasons why robots aren’t about to take over the world soon:

● Like a human’s hands

Attempts to recreate the intricacy of human hands have stalled in recent years. Present-day robots have clumsy hands since they were not designed for precise work. Lab-created hands, although more advanced, lack the strength and dexterity of human hands.

● Sense of touch

The tactile sensors found in human and animal skin have no technological equal. This awareness is crucial for performing sophisticated manoeuvres. Compared to the human brain, the software robots use to read and respond to the data sent by their touch sensors is primitive.

● Command over manipulation

To operate items in the same manner that humans do, we would need to be able to devise a way to control our mechanical hands, even if they were as realistic as human hands and covered in sophisticated artificial skin. It takes human children years to learn to accomplish this, and we still don’t know how they learn.

● Interaction between humans and robots

Human communication relies on our ability to understand one another verbally and visually, as well as via other senses, including scent, taste, and touch. Whilst there has been a lot of improvement in voice and object recognition, current systems can only be employed in somewhat controlled conditions where a high level of speed is necessary.

● Human Reason

Technically feasible does not always have to be constructed. Given the inherent dangers they pose to society, rational humans could stop developing such robots before they reach their full potential. Several decades from now, if the aforementioned technical hurdles are cleared and advanced human-like robots are constructed, legislation might still prohibit misuse.

Conclusion:

https://theconversation.com/five-reasons-why-robots-wont-take-over-the-world-94124

Robots are now common in many industries, and they will soon make their way into the public sphere in forms far more intricate than those of robot vacuum cleaners. Yet, even though robots may appear like people in the next two decades, they will not be human-like. Instead, they’ll continue to function as very complex machines.

The moment has come to start thinking about boosting technological competence while encouraging uniquely human qualities. Human abilities like creativity, intuition, initiative and critical thinking are not yet likely to be replicated by machines.