#FactCheck: Fake video falsely claims FM Sitharaman endorsed investment scheme

Introduction

We consume news from various sources such as news channels, social media platforms and the Internet etc. In the age of the Internet and social media, the concern of misinformation has become a common issue as there is widespread misinformation or fake news on the Internet and social media platforms.

Misinformation on social media platforms

The wide availability of user-provided content on online social media platforms facilitates the spread of misinformation. With the vast population on social media platforms, the information gets viral and spreads all over the internet. It has become a serious concern as such misinformation, including rumours, morphed images, unverified information, fake news, and planted stories, spread easily on the internet, leading to severe consequences such as public riots, lynching, communal tensions, misconception about facts, defamation etc.

Platform-centric measures to mitigate the spread of misinformation

• Google introduced the ‘About this result’ feature’. This allows the users to help with better understand the search results and websites at a glance.
• During the covid-19 pandemic, there were huge cases of misinformation being shared. Google, in April 2020, invested $6.5 million in funding to fact-checkers and non-profits fighting misinformation around the world, including a check on information related to coronavirus or on issues related to the treatment, prevention, and transmission of Covid-19.
• YouTube also have its Medical Misinformation Policy which prevents the spread of information or content which is in contravention of the World Health Organization (WHO) or local health authorities.
• At the time of the Covid-19 pandemic, major social media platforms such as Facebook and Instagram have started showing awareness pop-ups which connected people to information directly from the WHO and regional authorities.
• WhatsApp has a limit on the number of times a WhatsApp message can be forwarded to prevent the spread of fake news. And also shows on top of the message that it is forwarded many times. WhatsApp has also partnered with fact-checking organisations to make sure to have access to accurate information.
• On Instagram as well, when content has been rated as false or partly false, Instagram either removes it or reduces its distribution by reducing its visibility in Feeds.

Fight Against Misinformation

Misinformation is rampant all across the world, and the same needs to be addressed at the earliest. Multiple developed nations have synergised with tech bases companies to address this issue, and with the increasing penetration of social media and the internet, this remains a global issue. Big tech companies such as Meta and Google have undertaken various initiatives globally to address this issue. Google has taken up the initiative to address this issue in India and, in collaboration with Civil Society Organisations, multiple avenues for mass-scale awareness and upskilling campaigns have been piloted to make an impact on the ground.

How to prevent the spread of misinformation?

Conclusion

In the digital media space, there is a widespread of misinformative content and information. Platforms like Google and other social media platforms have taken proactive steps to prevent the spread of misinformation. Users should also act responsibly while sharing any information. Hence creating a safe digital environment for everyone.

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

The digital expanse of the metaverse has recently come under scrutiny following a gruesome incident. In a digital realm crafted for connection and exploration, a 16-year-old girl’s avatar falls victim to an agonising assault that kindled the fire of ethno-legal and societal discourse. The incident is a stark reminder that the cyberverse, offering endless possibilities and experiences, also has glaring challenges that require serious consideration. The incident involves a sixteen-year-old teen girl being raped through her digital avatar by a few members of Metaverse. 

This incident has sparked a critical question of genuine psychological trauma inflicted by virtual experiences. The incident with a 16-year-old girl highlights the strong emotional repercussions caused by illicit virtual actions. While the physical realm remains unharmed, the digital assault can leave permanent scars on the psyche of the girl. This issue raises a critical question about the ethical implications of virtual interactions and the responsibilities of service providers to protect users' well-being on their platforms. 

The Judicial Quagmire 

The digital nature of these assaults gives impetus to complex jurisdictions which are profound in cyber offences. We are still novices in navigating the digital labyrinth where avatars have the ability to transcend borders with just a click of a mouse. The current legal structure is not equipped to tackle virtual crimes, calling for urgent reforms in critical legal structure. The Policymakers and legal Professionals must define virtual offenses first with clear and defined jurisdictional boundaries ensuring justice isn’t hampered due to geographical restrictions. 

Meta’s Accountability 

Meta, a platform where this gruesome incident occurred, finds itself at the crossroads of ethical dilemma. The company implemented plenty of safeguards that proved futile in preventing such harrowing acts. The incident has raised several questions about the broader role and responsibilities of tech juggernauts. Some of the questions demanding immediate answers as how a company can strike a balance between innovation and the protection of its users.  

The Tightrope of Ethics 

Metaverse is the epitome of innovation, yet this harrowing incident highlights a fundamental ethical contention. The real challenge is to harness the power of virtual reality while addressing the risks of digital hostilities. Society is still facing this conundrum, stakeholders must work in tandem to formulate robust and effective legal structures to protect the rights and well-being of users. This also includes balancing technological development and ethical challenges which require collective effort.  

Reflections of Society 

Beyond legal and ethical considerations, this act calls for wider societal reflections. It emphasises the pressing need for a cultural shift fostering empathy, digital civility and respect. As we tread deeper into the virtual realm, we must strive to cultivate ethos upholding dignity in both the digital and real world. This shift is only possible through awareness campaigns, educational initiatives and strong community engagement to foster a culture of respect and responsibility. 

Safer and Ethical Way Forward

A multidimensional approach is essential to address the complicated challenges cyber violence poses. Several measures can pave the way for safer cyberspace for netizens. 

• Legislative Reforms - There’s an urgent need to revamp legislative frameworks to mitigate and effectively address the complexities of these new and emerging virtual offences. The tech companies must collaborate with the government on formulating best practices and help develop standard security measures prioritising user protection.

• Public Awareness and Engagement - Initiating public awareness campaigns to educate users on crucial issues such as cyber resilience, ethics, digital detox and responsible online behaviour play a critical role in making netizens vigilant to avoid cyber hostilities and help fellow netizens in distress. Civil society organisations and think tanks such as CyberPeace Foundation are the pioneers of cyber safety campaigns in the country, working in tandem with governments across the globe to curb the evil of cyber hostilities. 
• Interdisciplinary Research: The policymakers should delve deeper into the ethical, psychological and societal ramifications of digital interactions. The multidisciplinary approach in research is crucial for formulating policy based on evidence. 

Conclusion 

The digital Gang Rape is a wake-up call, demanding the bold measure to confront the intricate legal, societal and ethical pitfalls of the metaverse. As we navigate digital labyrinth, our collective decisions will help shape the metaverse's future. By nurturing the culture of empathy, responsibility and innovation, we can forge a path honouring the dignity of netizens, upholding ethical principles and fostering a vibrant and safe cyberverse. In this significant movement, ethical vigilance, diligence and active collaboration are indispensable.

References:

• https://www.thehindu.com/sci-tech/technology/virtual-gang-rape-reported-in-the-metaverse-probe-underway/article67705164.ece
• https://thesouthfirst.com/news/teen-uk-girl-virtually-gang-raped-in-metaverse-are-indian-laws-equipped-to-handle-similar-cases/