#FactCheck: Viral video blast of fuel tank in UAE Al Hariyah Port portray as Russia-Ukraine Conflict

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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Introduction

In the advanced age of digitalization, the user base of Android phones is high. Our phones have become an integral part of our daily life activities from making online payments, booking cabs, playing online games, booking movie & show tickets, conducting online business activities, social networking, emailing and communication, we utilize our mobile phone devices. The Internet is easily accessible to everyone and offers various convenient services to users. People download various apps and utilize various services on the internet using their Android devices. Since it offers convenience, but in the growing digital landscape, threats and vulnerabilities have also emerged. Fraudsters find the vulnerabilities and target the users. Recently, various creepy online scams such as AI-based scams, deepfake scams, malware, spyware, malicious links leading to financial frauds, viruses, privacy breaches, data leakage, etc. have been faced by Android mobile users. Android mobile devices are more prone to vulnerabilities as compared to iOS. However, both Android and iOS platforms serve to provide safer digital space to mobile users. iOS offers more security features. but we have to play our part and be careful. There are certain safety measures which can be utilised by users to be safe in the growing digital age.

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User Responsibility: 

Law enforcement agencies have reported that they have received a growing number of complaints showing malware being used to compromise Android mobile devices. Both the platforms, Android and Google, have certain security mechanisms in place. However, cybersecurity experts emphasize that users must actively take care of safeguarding their mobile devices from evolving online threats. In this era of evolving cyber threats, being precautious and vigilant and personal responsibility for digital security is paramount.

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Being aware of evolving scams

1. Deepfake Scams: Deepfake is an AI-based technology. Deepfake is capable of creating realistic images or videos which in actuality are created by machine algorithms. Deepfake technology, since easily accessible, is misused by fraudsters to commit various cyber crimes or deceive and scam people through fake images or videos that look realistic. By using the Deepfake technology, cybercriminals manipulate audio and video content which looks very realistic but, in actuality, is fake. 
2. Voice cloning: To create a voice clone of anyone's, audio can be deepfaked too, which closely resembles a real one but, in actuality, is a fake voice created through deepfake technology. Recently, in Kerala, a man fell victim to an AI-based video call on WhatsApp. He received a video call from a person claiming to be his former colleague. The scammer, using AI deepfake technology, impersonated the face of his former colleague and asked for financial help of 40,000. 
3. Stalkerware or spyware: Stalkware or spyware is one of the serious threats to individual digital safety and personal information. Stalkware is basically software installed into your device without your consent or knowledge in order to track your activities and exploit your data. Stalkware, also referred to as spyware, is a type of malicious software secretly installed on your device without your knowledge. Its purpose is to track you or monitor your activities and record sensitive information such as passwords, text messages, GPS location, call history and access to your photos and videos. Cybercriminals and stalkers use this malicious software to unauthorisedly gain access to someone's phone devices.

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Best practices or Cyber security tips:

• Keep your software up to date: Turn on automatic software updates for your device and make sure your mobile apps are up to date.
• Using strong passwords: Use strong passwords on your lock/unlock and on important apps on your mobile device.
• Using 2FA or multi-factor authentication: Two-factor authentication or multi-factor authentication provides extra layers of security. Be cautious before clicking on any link and downloading any app or file: Users are often led to click on malicious online links. Scammers may present such links to users through false advertisements on social media platforms, payment processes for online purchases, or in phone text messages. Through the links, victims are led either to phishing sites to give away personal data or to download harmful Android Package Kit (APK) files used to distribute and install apps on Android mobile phones.‍
• Secure Payments: Do not open any malicious links. Always make payments from secure and trusted payment apps.  Use strong passwords for your payment apps as well. And secure your banking credentials.‍
• Safe browsing: Pay due care and attention while clicking on any link and downloading content. Ignore the links or attachments of suspicious emails which are from an unknown sender. ‍
• Do not download third-party apps: Using an APK file to download a third-party app to an Android device is commonly known as sideloading. Be cautious and avoid downloading apps from third-party or dubious sites. Doing so may lead to the installation of malware in the device, which in turn may result in confidential and sensitive data such as banking credentials being stolen. Always download apps only from the official app store.‍
• App permissions: Review app permission and only grant permission which is necessary to use that app. ‍
• Do not bypass security measures: Android offers more flexibility in the mobile operating system and in mobile settings. For example, sideloading of apps is disabled by default, and alerts are also in place to warn users. However, an unwitting user who may not truly understand the warnings may simply grant permission to an app to bypass the default setting.‍
• Monitoring: Regularly monitor your devices and system logs for security check-ups and for detecting any suspicious activity.‍
• Reporting online scams: A powerful resource available to victims of cybercrime is the National Cyber Crime Reporting Portal, equipped with a 24x7 helpline number, 1930. This portal serves as a centralized platform for reporting cybercrimes, including financial fraud.

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Conclusion:

The era of digitalisation has transformed our lives, with Android phones becoming an integral part of our daily routines. While these devices offer convenience, they also expose us to online threats and vulnerabilities, such as scams like deepfake technology-based scams, voice clones, spyware, malware, and malicious links that can lead to significant financial and privacy breaches. Android devices might be more susceptible to such scams. By being aware of emerging scams like deepfakes, spyware, and other malicious activities, we can take proactive steps to safeguard our digital lives. Our mobile devices remain as valuable assets for us. However, they are also potential targets for cybercriminals. Users must remain proactive in protecting their devices and personal data from potential threats. By taking personal responsibility for our digital security and following these best practices, we can navigate the digital landscape with confidence, ensuring that our Android phones remain powerful tools for convenience and connection while keeping our data and privacy intact and staying safe from online threats and vulnerabilities.

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References: 

https://www.todayonline.com/singapore/explainer-why-android-devices-prone-online-scams-users-guard-against-it-2252066

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Introduction

The Online Lottery Scam involves a scammer reaching out through email, phone or SMS to inform you that you have won a significant amount of money in a lottery, instructing you to contact an agent at a specific phone number or email address that actually belongs to the fraudster. Once the agent is reached out to, the recipient will need to cover processing charges in order to claim the lottery reward. Upfront Paying is required in order to receive your reward. However, actual rewards come at no cost. Additionally, such defective 'offers’ often contain phishing attacks, tricking users into clicking on malicious links.  

Modus Operandi

The common lottery fraud starts with a message stating that the receiver has won a large lottery prize. These messages are frequently crafted to imitate official correspondence from reputable institutions, sweepstakes, or foreign administrations. The scammers request the receiver to give personal information like name, address, and banking details, or to make a payment for taxes, processing fees, or legal procedures. After the victim sends the money or discloses their personal details, the scammers may vanish or persist in requesting more payments for different reasons.

Tactics and Psychological Manipulation

These fraudulent techniques mostly rely on psychological manipulation to work. Fraudsters by persuading the victims create the fake sense of emergency that they must act quickly in order to get the lottery prize. Additionally, they prey on people's hopes for a better life by convincing them that this unanticipated gain has the power to change their destiny. Many people fall prey to the scam because they are driven by the desire to get wealthy and fail to recognize the warning indications. Additionally, fraudsters frequently use convincing language and fictitious documentation that appears authentic, hence users need to be extra cautious and recognise the early signs of such online fraudulent activities.

Festive Season and Uptick in Deceptive Online Scams

As the festive season begins, there is a surge in deceptive online scams that aim at targeting innocent internet users. A few examples of such scams include, free Navratri garba passes, quiz participation opportunities, coupons offering freebies, fake offers of cheap jewellery, counterfeit product sales, festival lotteries, fake lucky draws and charity appeals. Most of these scams are targeted to lure the victims for financial gain.

In 2023, CyberPeace released a research report on the Navratri festivities scam where we highlighted the ‘Tanishq iPhone 15 Gift’ scam which involved fraudsters posing as Tanishq, a well-known jewellery brand, and offering fake iPhone 15 as Navratri gifts. Victims were lured into clicking on malicious links. CyberPeace issued a detailed advisory within the report, highlighting that the public must exercise vigilance, scrutinise the legitimacy of such offers, and take precautionary measures to shield themselves from falling prey to such deceptive cyber schemes.

Preventive Measures for Lottery Scams

To avoid lottery scams ,users should avoid responding to messages or calls about fake lottery wins, verify the source of the lottery, maintain confidentiality by not sharing sensitive personal details, approach unexpected windfalls with scepticism, avoid upfront payment requests, and recognize manipulative tactics by scammers. Ignoring messages or calls about fake lottery wins is a smart move. Verifying the source and asking probing questions is also crucial. Users are also advisednot to click on such unsolicited links of lottery prizes received in emails or messages as such links can be phishing attempts. These best practices can help protect the victims against scammers who pressurise victims to act quickly that led them to fall prey to such scams.

Must-Know Tips to Prevent Lottery Scams

●     It is advised to steer clear of any communication that offers lotteries or giveaways, as these are often perceived as too good to be true.

●     It is advised to refrain from transferring money to individuals/entities who are unknown without verifying their identity and credibility.

●     If you have already given the fraudsters your bank account details, it is crucial to alert your bank immediately.

●     Report any such incidents on the National Cyber Crime Reporting Portal at cybercrime.gov.in or Cyber Crime Helpline Number 1930.

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