#FactCheck: Viral video claims Ahmedabad plane crash but actually a Hollywood Movie Clip

Introduction

Monopolies in any sector can have a great impact on economic efficiency and, by extension, on the market and the larger economy. Data monopolies hurt both small startups and large, established companies, and it is typically the biggest corporate players who have the biggest data advantage. Google has recently lost a major antitrust case filed by the U.S. Department of Justice, which focused on the company's search engine dominance and expensive partnerships to promote its products. The lawsuit accused Google of using its dominant position in the search engine market to maintain a monopoly. The case has had a significant impact on consumers and the tech industry as a whole. This dominance allowed Google to raise prices on advertisers without consequences, and delay innovations and privacy features that consumers want when they search online.

Antitrust Allegations Against Google in the US and EU

In the case filed by the US Department of Justice, US District Judge Amit Mehta ruled that Google was monopolistic. In the 10-week-long trial, Google lost the major antitrust lawsuit, and it was established that the tech giant had a monopoly in the web search and advertising sectors. The lawsuit accused Google of using its dominant position in the search engine market to elbow out rivals and maintain a monopoly. The tech giant’s exclusive deals with handset makers were brought before the court as evidence. Additionally, the European Commission has fined Google €1.49 billion for breaching EU antitrust rules in 2019.

The Impact of Big Tech Monopolies on the Digital Ecosystem and Beyond 

• Big-tech companies collect vast amounts of personal data, raising concerns about how this data is used and protected. The concentration of data in the hands of a few companies can lead to privacy breaches and misuse of personal information.
• The dominance of a few tech giants in digital advertising markets can stifle competition, leading to higher prices for advertisers and fewer choices for consumers. This concentration also allows these companies to exert major control over what ads are shown and to whom.
• Big-tech platforms have substantial power over the dissemination of information. Their algorithms and policies on content moderation can influence public discourse and may spread misinformation. The lack of competition means fewer alternatives are accessible for users seeking different content moderation policies. In 2021 Google paid $26.3 billion to ensure its search engine is the default on smartphones and browsers and to keep control of its dominant market share.

Regulatory Mechanisms in the Indian Context

In India, antitrust issues are governed by the Competition Act of 2002 and the Competition Commission of India (CCI) checks monopolistic practices. In 2022, the CCI imposed a penalty of Rs 1,337.76 crore on Google for abusing its dominant position in multiple markets for 'anti-competitive practices' in the Android mobile device ecosystem. The Draft Digital Competition Bill, 2024, has been proposed as a legislative reform to regulate a wide range of digital services, including online search engines, social networking platforms, video-sharing sites, interpersonal communication services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. The bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses in the digital business space.

Conclusion

Big-tech companies are increasingly under scrutiny from regulators due to concerns over their monopolistic practices, data privacy issues, and the immense influence on markets and public discourse. The U.S. Department of Justice's victory against Google and the European Commission's hefty fines are indicators of a global paradigm shift towards more aggressive regulation to foster competition and protect consumer interests. The combined efforts of regulators across different jurisdictions underscore the recognition that monopolistic practices by such big tech giants can stifle innovation, harm consumers’ interests, and create barriers for new entrants, thus necessitating strong legal frameworks to ensure fair and contestable markets. Overall, the increasing regulatory pressure signifies a pivotal moment for big-tech companies, as they face the challenge of adapting to a more tightly controlled environment where their market dominance and business practices are under intense examination.

References

• https://www.livemint.com/technology/tech-news/googles-future-siege-u-s-court-explores-breaking-up-company-after-landmark-ruling-11723648047735.html
• https://www.thehindu.com/sci-tech/technology/what-is-the-google-monopoly-antitrust-case-and-how-does-it-affect-consumers/article68495551.ece 
• https://indianexpress.com/article/business/google-has-an-illegal-monopoly-on-search-us-judge-finds-9497318/

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Executive Summary:

A widely used news on social media is that a 3D model of Chanakya, supposedly made by Magadha DS University matches with MS Dhoni. However, fact-checking reveals that it is a 3D model of MS Dhoni not Chanakya. This MS Dhoni-3D model was created by artist Ankur Khatri and Magadha DS University does not appear to exist in the World. Khatri uploaded the model on ArtStation, calling it an MS Dhoni similarity study.

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Claims:

The image being shared is claimed to be a 3D rendering of the ancient philosopher Chanakya created by Magadha DS University. However, people are noticing a striking similarity to the Indian cricketer MS Dhoni in the image.

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Fact Check:

After receiving the post, we ran a reverse image search on the image. We landed on a Portfolio of a freelance character model named Ankur Khatri. We found the viral image over there and he gave a headline to the work as “MS Dhoni likeness study”.  We also found some other character models in his portfolio.

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Subsequently, we searched for the mentioned University which was named as Magadha DS University. But found no University with the same name, instead the name is Magadh University and it is located in Bodhgaya, Bihar. We searched the internet for any model, made by Magadh University but found nothing. The next step was to conduct an analysis on the Freelance Character artist profile, where we found that he has a dedicated Instagram channel where he posted a detailed video of his creative process that resulted in the MS Dhoni character model.

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We concluded that the viral image is not a reconstruction of Indian philosopher Chanakya but a reconstruction of Cricketer MS Dhoni created by an artist named Ankur Khatri, not any University named Magadha DS.

Conclusion:

The viral claim that the 3D model is a recreation of the ancient philosopher Chanakya by a university called Magadha DS University is False and Misleading. In reality, the model is a digital artwork of former Indian cricket captain MS Dhoni, created by artist Ankur Khatri. There is no evidence of a Magadha DS University existence. There is a university named Magadh University in Bodh Gaya, Bihar despite its similar name, we found no evidence in the model's creation. Therefore, the claim is debunked, and the image is confirmed to be a depiction of MS Dhoni, not Chanakya.

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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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