MeitY’s Efforts in Combatting Deepfakes

Introduction

The government has announced that the new criminal laws will come into force on 1st July 2024. The Union Government notified that three recently enacted criminal laws, viz. Bhartiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 will be effective from 1st July 2024.  The Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 have been replaced by these new criminal laws.

On 23 February 2024, the Ministry of Home Affairs Announced the Effective Date of new criminal laws as follows:

1. Bharatiya Nyaya Sanhita, 2023 Effective from 1-7-2024, except Section 106(2).
2. Bharatiya Sakshya Adhiniyam, 2023 Effective from 1-7-2024.
3. Bharatiya Nagarik Suraksha Sanhita, 2023 The provisions will come into force on 1-7-2024 except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule.

Section 106(2) Will Not Be Enforced

Truckers protested against this provision, which provides 10 years imprisonment and fines for those who cause death by rash and negligent driving of a vehicle not amounting to culpable homicide, and escape without reporting it to a police officer. As of now, the government has promised truckers and transporters that subsection 2 of Section 106 of Bharatiya Nyay Sanhita (BNS) will not come into force. This subsection deals with fatal hit-and-run cases and prescribes higher penalties for not informing authorities immediately after an accident. 

Section 106(2) of Bharatiya Nyaya Sanhita, 2023 read as follows;

106. Causing death by negligence.—

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of aterm which may extend to ten years, and shall also be liable to fine.

BHARATIYA SAKSHYA ADHINIYAM, 2023

The Bhartiya Sakshya Adhiniyam 2023 will replace the Indian Evidence Act 1872. The Act has undergone significant modification to maintain its fundamental principles for fair legal proceedings and adapt to technological advancements and changes in societal norms. This Act recognises electronic records as primary evidence under Section 57. It also allows the electronic presentation of oral evidence, enabling remote testimony and ensuring that electronic records will have the same legal effect as paper records.

Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the 1973 Code of Criminal Procedure, introducing certain modifications. This Act, under section 176, requires forensic investigation for crimes punished with seven years' imprisonment or more.  Section 530 of BNSS, 2023 is a newly inserted provision which envisages the use of electronic communication audio-video electronic means for trials, inquiries, proceedings, service and issuance of summons. Electronic mode is permitted for all trials, inquiries, and proceedings under section 173 of this Act. The concept of Zero FIR is also introduced under section 173(1) and mandates police stations to register the FIR, irrespective of jurisdiction.

Conclusion

India's new criminal laws are set to take effect on 1st July 2024. These laws modernise the country's legal framework, replacing outdated statutes and incorporating technological advancements. The concerns from stakeholders led to the withholding of enforcement of Section 106(2) of Bharatiya Nyaya Sanhita 2023. The new criminal laws aim to address contemporary society's complexities while upholding justice and fairness.

References

• https://www.indiatoday.in/india/video/new-criminal-laws-to-come-into-effect-from-july-1-2506664-2024-02-24
• https://www.lawrbit.com/article/ipc-crpc-evidence-act-replaced-by-new-criminal-laws/

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Executive Summary:

A photo that has gone viral on social media alleges that the Indian company Patanjali founded by Yoga Guru Baba Ramdev is selling a product called “Recipe Mix for Beef Biryani”. The image incorporates Ramdev’s name in its promotional package. However, upon looking into the matter, CyberPeace Research Team revealed that the viral image is not genuine. The original image was altered and it has been wrongly claimed which does not even exist. Patanjali is an Indian brand designed for vegetarians and an intervention of Ayurveda. For that reason, the image in context is fake and misleading.

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Claims:

An image circulating on social media shows Patanjali selling "Recipe Mix for Beef Biryani”.

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Fact Check:

Upon receiving the viral image, the CyberPeace Research Team immediately conducted an in-depth investigation. A reverse image search revealed that the viral image was taken from an unrelated context and digitally altered to be associated with the fabricated packaging of "National Recipe Mix for Biryani". 

The analysis of the image confirmed signs of manipulation. Patanjali, a well-established Indian brand known for its vegetarian products, has no record of producing or promoting a product called “Recipe mix for Beef Biryani”. We also found a similar image with the product specified as “National Biryani” in another online store.

Comparing both photos, we found that there are several differences.

Further examination of Patanjali's product catalog and public information verified that this viral image is part of a deliberate attempt to spread misinformation, likely to damage the reputation of the brand and its founder. The entire claim is based on a falsified image aimed at provoking controversy, and therefore, is categorically false.

Conclusions:

The viral image associating Patanjali and Baba Ramdev with "Recipe mix for Beef Biryani" is entirely fake. This image was deliberately manipulated to spread false information and damage the brand’s reputation. Social media users are encouraged to fact-check before sharing any such claims, as the spread of misinformation can have significant consequences. The CyberPeace Research Team emphasizes the importance of verifying information before circulating it to avoid spreading false narratives.

• Claim: Patanjali and Baba Ramdev endorse "Recipe mix for Beef Biryani"
• Claimed on: X
• Fact Check: Fake & Misleading

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Introduction

Misinformation is rampant all over the world and impacting people at large. In 2023, UNESCO commissioned a survey on the impact of Fake News which was conducted by IPSOS. This survey was conducted in 16 countries that are to hold national elections in 2024 with a total of 2.5 billion voters and showed how pressing the need for effective regulation had become and found that 85% of people are apprehensive about the repercussions of online disinformation or misinformation. UNESCO has introduced a plan to regulate social media platforms in light of these worries, as they have become major sources of misinformation and hate speech online. This action plan is supported by the worldwide opinion survey, highlighting the urgent need for strong actions. The action plan outlines the fundamental principles that must be respected and concrete measures to be implemented by all stakeholders associated, i.e., government, regulators, civil society and the platforms themselves. 

The Key Areas in Focus of the Action Plan

The focus area of the action plan is on the protection of the Freedom of Expression while also including access to information and other human rights in digital platform governance. The action plan works on the basic premise that the impact on human rights becomes the compass for all decision-making, at every stage and by every stakeholder. Groups of independent regulators work in close coordination as part of a wider network, to prevent digital companies from taking advantage of disparities between national regulations. Moderation of content as a feasible and effective option at the required scale, in all regions and all languages. 

The algorithms of these online platforms, particularly the social media platforms are established, but it is too often geared towards maximizing engagement rather than the reliability of information. Platforms are required to take on more initiative to educate and train users to be critical thinkers and not just hopers. Regulators and platforms are in a position to take strong measures during particularly sensitive conditions ranging from elections to crises, particularly the information overload that is taking place.

Key Principles of the Action Plan

1. Human Rights Due Diligence: Platforms are required to assess their impact on human rights, including gender and cultural dimensions, and to implement risk mitigation measures. This would ensure that the platforms are responsible for educating users about their rights.
2. Adherence to International Human Rights Standards: Platforms must align their design, content moderation, and curation with international human rights standards. This includes ensuring non-discrimination, supporting cultural diversity, and protecting human moderators.
3. Transparency and Openness: Platforms are expected to operate transparently, with clear, understandable, and auditable policies. This includes being open about the tools and algorithms used for content moderation and the results they produce.
4. User Access to Information: Platforms should provide accessible information that enables users to make informed decisions. 
5. Accountability: Platforms must be accountable to their stakeholders which would include the users and the public, which would ensure that redressal for content-related decisions is not compromised. This accountability extends to the implementation of their terms of service and content policies.

Enabling Environment for the application of the UNESCO Plan

The UNESCO Action Plan to counter misinformation has been created to create an environment where freedom of expression and access to information flourish, all while ensuring safety and security for digital platform users and non-users. This endeavour calls for collective action—societies as a whole must work together. Relevant stakeholders, from vulnerable groups to journalists and artists, enable the right to expression. 

Conclusion

The UNESCO Action Plan is a response to the dilemma that has been created due to the information overload, particularly, because the distinction between information and misinformation has been so clouded. The IPSOS survey has revealed the need for an urgency to address these challenges in the users who fear the repercussions of misinformation. 

The UNESCO action plan provides a comprehensive framework that emphasises the protection of human rights, particularly freedom of expression, while also emphasizing the importance of transparency, accountability, and education in the governance of digital platforms as a priority. By advocating for independent regulators and encouraging platforms to align with international human rights standards, UNESCO is setting the stage for a more responsible and ethical digital ecosystem. 

The recommendations include integrating regulators through collaborations and promoting global cooperation to harmonize regulations, expanding the Digital Literacy campaign to educate users about misinformation risks and online rights, ensuring inclusive access to diverse content in multiple languages and contexts, and monitoring and refining tech advancements and regulatory strategies as challenges evolve. To ultimately promote a true online information landscape.

Reference

• https://www.unesco.org/en/articles/online-disinformation-unesco-unveils-action-plan-regulate-social-media-platforms
• https://www.unesco.org/sites/default/files/medias/fichiers/2023/11/unesco_ipsos_survey.pdf ‍
• https://dig.watch/updates/unesco-sets-out-strategy-to-tackle-misinformation-after-ipsos-survey