#FactCheck: Viral Video Showing Pakistan Shot Down Indian Air Force' MiG-29 Fighter Jet

On June 5th, the world comes together to reflect on how the way we live impacts the environment.  We discuss conserving water, cutting back on plastic, and planting trees, but how often do we think about the environmental impact of our digital lives?

The internet is ubiquitous but invisible in a world that is becoming more interconnected by the day. It drives our communications, meetings, and recollections. However, there is a price for this digital convenience: carbon emissions.

A Digital Carbon Footprint: What Is It?

Electricity is necessary for every video we stream, email we send, and file we store on the cloud. But almost 60% of the electricity produced today is generated from burning fossil fuels. The digital world uses an incredible amount of energy, from the energy-hungry data centres that house our information to the networks that send it. Thus, the greenhouse gas emissions produced by our use of digital tools and services are referred to as our "digital carbon footprint." 

To put it in perspective:

• Up to 150–200 grams of CO₂ can be produced by streaming an hour-long HD video on your phone.

• A typical email sent can release about 4 grams of CO₂, and more if it contains attachments.
• Comparable to the airline industry, the internet as a whole accounts for 1.5% to 4% of global greenhouse gas emissions.

Why It Matters 

Ironically, despite the fact that digital life frequently feels "clean" and weightless, it is backed by enormous, power-hungry infrastructures. Additionally, our online activity is growing at a rapid pace as digital penetration increases. Plus, with the advent of AI and big data, the demand for energy is only going to rise. The harms of air, water, and soil degradation, and biodiversity loss are already upon us.  It's high time we reconsider how we use technology on World Environment Day.

What Can You Do? 

The good news is that even minor adjustments to our online conduct can have an impact. 

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🗑️ Clear out your digital clutter by getting rid of unnecessary emails, apps, and files.

📥 Unsubscribe from mailing lists that you no longer use.

📉 When HD is not required, stream videos with lower quality.

⚡ Make use of energy-saving gadgets and disconnect them when not in use.

🌐 Make the move to renewable energy-powered, environmentally friendly cloud providers.

🗳️ Support informed policy by engaging with your elected representatives and advocating for greener tech policies. Knowing your digital rights and responsibilities can help shape smarter policies and a healthier planet.

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We at the CyberPeace Foundation think that cyberspace needs to be sustainable. An eco-friendly digital world is also a safer one, where all communities can thrive in harmony. We must promote digital responsibility, including its environmental component, as we work towards digital equity and resilience.

On this World Environment Day, let's go one step further and work towards a greener internet as well as a greener planet.

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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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Introduction

In the labyrinthine corridors of the digital age, where information zips across the globe with the ferocity of a tempest, the truth often finds itself ensnared in a web of deception. It is within this intricate tapestry of reality and falsehood that we find ourselves examining two distinct yet equally compelling cases of misinformation, each a testament to the pervasive challenges that beset our interconnected world.

Case 1: The Deceptive Video: Originating in Malaysia, Misattributed to Indian Railway Development

A misleading video claiming to showcase Indian railway construction has been debunked as footage from Malaysia's East Coast Rail Link (ECRL). Fact-checking efforts by India TV traced the video's origin to Malaysia, revealing deceptive captions in Tamil and Hindi. The video was initially posted on Twitter on January 9, 2024, announcing the commencement of track-laying for Malaysia's East Coast Railway. Further investigation reveals the ECRL as a joint venture between Malaysia and China, involving the laying of tracks along the east coast, challenging assertions of Indian railway development. The ECRL's track-laying initiative, initiated in December 2023, is part of China's Belt and Road initiative, covering 665 kilometers across states like Kelantan, Terengganu, Pahang, and Selangor, with a completion target set for 2025.

The video in question, a digital chameleon, had its origins not in the bustling landscapes of India but within the verdant bounds of Malaysia. Specifically, it was a scene captured from the East Coast Rail Link (ECRL) project, a monumental joint venture between Malaysia and China, unfurling across 665 kilometers of Malaysian terrain. This ambitious endeavor, part of the grand Belt and Road initiative, is a testament to the collaborative spirit that defines our era, with tracks stretching from Kelantan to Selangor, and a completion horizon set for the year 2025.

The unveiling of this grand project was graced by none other than Malaysia’s King Sultan Abdullah Sultan Ahmad Shah, in Pahang, underscoring the strategic alliance with China and the infrastructural significance of the ECRL. Yet, despite the clarity of its origins, the video found itself cloaked in a narrative of Indian development, a falsehood that spread like wildfire across the digital savannah.

Through the meticulous application of keyframe analysis and reverse image searches, the truth was laid bare. Reports from reputable sources such as the Associated Press and the Global Times, featuring the very same machinery, corroborated the video's true lineage. This revelation not only highlighted the ECRL's geopolitical import but also served as a clarion call for the critical role of fact-checking in an era where misinformation proliferates with reckless abandon.

Case 2: Kerala's Incident: Investigating Fake Narratives

Kerala Chief Minister Pinarayi Vijayan has registered 53 cases related to spreading fake narratives on social media to incite communal sentiments following the blasts at a Christian religious gathering in October 2023. Vijayan said cases have been registered against online news portals, editors, and Malayalam television channels. The state police chief has issued directions to monitor social media to stop fake news spread and take appropriate actions.

In a different corner of the world, the serene backdrop of Kerala was shattered by an event that would ripple through the fabric of its society. The Kalamassery blast, a tragic occurrence at a Christian religious gathering, claimed the lives of eight individuals and left over fifty wounded. In the wake of this calamity, a man named Dominic Martin surrendered, claiming responsibility for the heinous act.

Yet, as the investigation unfolded, a different kind of violence emerged—one that was waged not with explosives but with words. A barrage of fake narratives began to circulate through social media, igniting communal tensions and distorting the narrative of the incident. The Kerala Chief Minister, Pinarayi Vijayan, informed the Assembly that 53 cases had been registered across the state, targeting individuals and entities that had fanned the flames of discord through their digital utterances.

The Kerala police, vigilant guardians of truth, embarked on a digital crusade to quell the spread of these communally instigative messages. With a particular concentration of cases in Malappuram district, the authorities worked tirelessly to dismantle the network of fake profiles that propagated religious hatred. Social media platforms were directed to assist in this endeavor, revealing the IP addresses of the culprits and enabling the cyber cell divisions to take decisive action.

In the aftermath of the blasts, the Chief Minister and the state police chief ordered special instructions to monitor social media platforms for content that could spark communal uproar. Cyber patrolling became the order of the day, as a 20-member probe team was constituted to  deeply investigate the incident. 

Conclusion

These two cases, disparate in their nature and geography, converge on a singular point: the fragility of truth in the digital age. They highlight the imperative for vigilance and the pursuit of accuracy in a world where misinformation can spread like wildfire. As we navigate this intricate cyberscape, it is imperative to be mindful of the power of fact-checking and the importance of media literacy, for they are the light that guides us through the fog of falsehoods to the shores of veracity. 

These narratives are not merely stories of deception thwarted; they are a call to action, a reminder of our collective responsibility to safeguard the integrity of our shared reality. Let us, therefore, remain steadfast in our quest for the truth, for it is only through such diligence that we can hope to preserve the sanctity of our discourse and the cohesion of our societies.

References:

1. https://www.indiatvnews.com/fact-check/fact-check-misleading-video-claims-malaysian-rail-project-indian-truth-ecrl-india-railway-development-pm-modi-2024-01-29-914282
2. https://sahilonline.org/kalamasserry-blast-53-cases-registered-across-kerala-for-spreading-fake-news

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