#FactCheck-Old Dehradun Video Falsely Shared as Police Assault on Women Protesters at Jantar Mantar

Introduction

Entrusted with the responsibility of leading the Global Education 2030 Agenda through the Sustainable Development Goal 4, UNESCO’s Institute for Lifelong Learning in collaboration with the Media and Information Literacy and Digital Competencies Unit has recently launched a Media and Information Literacy Course for Adult Educators. The course aligns with The Pact for The Future adopted at The United Nations Summit of the Future, September 2024 - asking for increased efforts towards media and information literacy from its member countries. The course is free for Adult Educators to access and is available until 31st May 2025.

The Course

According to a report by Statista, 67.5% of the global population uses the internet. Regardless of the age and background of the users, there is a general lack of understanding on how to spot misinformation, targeted hate, and navigating online environments in a manner that is secure and efficient. Since misinformation (largely spread online) is enabled by the lack of awareness, digital literacy becomes increasingly important. The course is designed keeping in mind that many active adult educators are yet to get an opportunity to hone their skills with regard to media and information through formal education. Self-paced, a total of 10 hours, this course covers basics such as concepts of misinformation and disinformation, artificial intelligence, and combating hate speech, and offers a certificate on completion. 

CyberPeace Recommendations

As this course is free of cost, can be done in a remote capacity, and covers basics regarding digital literacy, all eligible are encouraged to take it up to familiarise themselves with such topics. However, awareness regarding the availability of this course, alongside who can avail of this opportunity can be further worked on so a larger number can avail its benefits.

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CyberPeace Recommendations To Enhance Positive Impact  

1. Further Collaboration: As this course is open to adult educators, one can consider widening the scope through active engagement with Independent organisations and even Individual internet users who are willing to learn.
2. Engagement with Educational Institutions: After launching a course, an interactive outreach programme and connecting with relevant stakeholders can prove to be beneficial. Since this course requires each individual adult educator to sign up to avail the course, partnering with educational universities, institutes, etc. is encouraged. In the Indian context, active involvement with training institutes such as DIET (District Institute of Education and Training), SCERT (State Council of Educational Research and Training), NCERT (National Council of Educational Research and Training), and Open Universities, etc. could be initiated, facilitating greater awareness and more participation.
3. Engagement through NGOs: NGOs (focused on digital literacy) with a tie-up with UNESCO, can aid in implementing and encouraging awareness. A localised language approach option can be pondered upon for inclusion as well.

Conclusion

Though a long process, tackling misinformation through education is a method that deals with the issue at the source. A strong foundation in awareness and media literacy is imperative in the age of fake news, misinformation, and sensitive data being peddled online. UNESCO’s course launch garners attention as it comes from an international platform, is free of cost, truly understands the gravity of the situation, and calls for action in the field of education, encouraging others to do the same.

References

1. ‍https://www.uil.unesco.org/en/articles/media-and-information-literacy-course-adult-educators-launched
2. https://www.unesco.org/en/articles/celebrating-global-media-and-information-literacy-week-2024
3. https://www.unesco.org/en/node/559#:~:text=UNESCO%20believes%20that%20education%20is,must%20be%20matched%20by%20quality.

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

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Smart Wearable devices are designed to track several activities in defined parameters and are increasingly becoming a part of everyday life. According to Markets and Markets Report, the global wearable tech market is projected to reach a staggering USD 256.4 billion by 2026. One of the main areas of use of wearable devices is health, including biomedical research, health care, personal health practices and tracking, technology development, and engineering. These wearable devices often include digital health technologies such as consumer smartwatches that monitor an individual's heart rate and step count, and other body-worn sensors like those that continuously monitor blood glucose concentration. 

Wearable devices used by the general population are getting increasingly popular. Health devices like fitness trackers and smartwatches enable continuous monitoring of personal health. Privacy is an emerging concern due to the real-time collection of sensitive data. Vulnerabilities due to unauthorised access or discrimination in case of information being revealed without consent are the primary concerns with these devices. While these concerns are present a lot of related misinformation is emerging due to the same. 

While wearable devices typically come with terms of use that outline how data is collected and used, and there are regulations in place such as EU Law GDPR, such regulations largely govern the regulatory compliances on the handling of personal data, however, the implementation and compliances by the manufacturer is a one another aspect which might present the question on privacy protection. In addition, beyond the challenge of regulatory compliance, the rise of myths and misinformation surrounding wearable tech presents a separate issue. 

Common Misconceptions About Privacy with Wearable Tech

• With the rapid development and growth of wearable technology their use has been subject to countless rumours which fuel misinformation narratives in the minds of general public. Addressing these misconceptions and privacy concerns requires targeted strategies.
• A prevalent misconception is that they are constantly spying on users. While wearable devices collect users’ data in real time, their vulnerability to unauthorised access is similar to that of a non-wearable device.  The issue is of consent when it comes to wearable technology because it gives the ability to record.  If permissions are not asked when a person is being recorded then the data is accessible to external entities.
• There is a common myth that wearable tech is surveillance tool. This is entirely a conjecture. These devices collect the user data with their prior consent and have been created to provide them with real-time information, most commonly physical health information. Since users choose the information shared, the idea of wearable tech serving as a surveillance tool is unfounded.
• Another misconception about wearable tech is that it can diagnose medical conditions. These devices collect real-time health data, such as heart rate or activity levels, they are not designed for medical diagnosis. The data collected may not always be accurate or reliable for clinical use to be interpreted by a healthcare professional. This is mainly because the makers of these devices are not held to the safety and liability standards that medical providers are.
• A prevalent misconception is that wearable tech can cure health issues, which is simply untrue. Wearable tech devices are essentially tracking the health parameters that a user sets. It in no way is a cure for any health issue that one suffers from. A user can manage their health based on the parameters they set on the device such as the number of steps that they walk, check on the heart rate and other metrics for their mental satisfaction but they are not a cure to treat diseases. Wearable tech acts as alerts, notifying users of important health metrics and encouraging proactive health management.

Addressing Privacy and Health Concerns in Wearable Tech

Wearable technology raises concerns for privacy and health due to the colossal amount of personal data collected. To address these, strong data protection measures are essential, ensuring that sensitive health information is securely stored and shared only with consent. Providing users with control over their data is one of the ways to build user trust. It includes enabling them to opt in, access, or delete the data in question. Regulators should establish clear guidelines, ensuring wearables ensure the compliances with data protection regulations like HIPPA, GDPR or DPDP Act, whichever is applicable as per the jurisdiction. Furthermore, global standards for data encryption, device security, and user privacy should be implemented to mitigate risks. Transparency in data usage and consistent updates to software security are also crucial for protecting users' privacy and health while promoting the responsible use of wearable tech.

CyberPeace Insights

• Making informed decisions about wearable tech starts with thorough research. Start by reading reviews and comparing products to assess their features, compatibility, and security standards. 
• Investigate the manufacturer’s reputation for data protection and device longevity. Understanding device capabilities is crucial. One should evaluate whether the wearable meets their needs, such as fitness tracking, health monitoring, or communication features. Consider software security and updates, and data accuracy when comparing options.  Opt for devices that offer two-factor authentication for an additional layer of security.
• Check the permissions requested by the accompanying app; only grant access to data that is necessary for the device's functionality. Always read the terms of use to understand your rights and responsibilities regarding the use of the device. Review and customize data-sharing settings for better control to prevent unauthorised access.
• Staying updated on the tech is equally important. A user should follow the advancements in wearable technology be it regular security updates, or regulatory changes that may affect privacy and usability. This ensures getting tech that aligns with user lifestyle while meeting privacy and security expectations.

Conclusion

Privacy and Misinformation are key concerns that emerge due to the use of wearable tech designed to offer benefits such as health monitoring, fitness tracking, and personal convenience. It requires a combination of informed decision-making by users and stringent regulatory oversight to overcome the issues that emerge due to misinformation about these devices. Users must ensure they understand the capabilities and limitations of their devices, from data accuracy to privacy risks. Additionally, manufacturers and regulators need to prioritise transparency, data protection, and compliance with global standards like GDPR or DPDP to build trust. As wearable tech continues to evolve, a balanced approach to innovation and privacy will be essential in fostering its responsible and beneficial use for all.

References

1. https://thehealthcaretechnologyreport.com/privacy-data-security-concerns-rise-as-healthcare-wearables-gain-popularity/ 
2. https://journals.plos.org/digitalhealth/article?id=10.1371/journal.pdig.0000104
3. https://www.marketsandmarkets.com/Market-Reports/wearable-electronics-market-983.html?gclid=Cj0KCQjwgMqSBhDCARIsAIIVN1V0sqrk6SpYSga3rcDtWcwh8npZ08L0_s4X91gh7yPAa6QmsctB-lMaAlpqEALw_wcB 
4. https://www.cambridge.org/core/journals/legal-information-management/article/health-data-on-the-go-navigating-privacy-concerns-with-wearable-technologies/05DAF11EFA807051362BB39260C4814C

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