MISINFORMATION: A JUDICIAL OVERVIEW
Introduction
Misinformation in India has emerged as a significant societal challenge, wielding a potent influence on public perception, political discourse, and social dynamics. A potential number of first-time voters across India identified fake news as a real problem in the nation. With the widespread adoption of digital platforms, false narratives, manipulated content, and fake news have found fertile ground to spread unchecked information and news.
In the backdrop of India being the largest market of WhatsApp users, who forward more content on chats than anywhere else, the practice of fact-checking forwarded information continues to remain low. The heavy reliance on print media, television, unreliable news channels and primarily, social media platforms acts as a catalyst since studies reveal that most Indians trust any content forwarded by family and friends. It is noted that out of all risks, misinformation and disinformation ranked the highest in India, coming before infectious diseases, illicit economic activity, inequality and labour shortages. World Economic Forum analysts, in connection with their 2024 Global Risk Report, note that “misinformation and disinformation in electoral processes could seriously destabilise the real and perceived legitimacy of newly elected governments, risking political unrest, violence and terrorism and long-term erosion of democratic processes.”
The Supreme Court of India on Misinformation
The Supreme Court of India, through various judgements, has noted the impact of misinformation on democratic processes within the country, especially during elections and voting. In 1995, while adjudicating a matter pertaining to keeping the broadcasting media under the control of the public, it noted that democracy becomes a farce when the medium of information is monopolized either by partisan central authority or by private individuals or oligarchic organizations.
In 2003, the Court stated that “Right to participate by casting a vote at the time of election would be meaningless unless the voters are well informed about all sides of the issue in respect of which they are called upon to express their views by casting their votes. Disinformation, misinformation, non-information all equally create an uninformed citizenry which would finally make democracy a mobocracy and a farce.” It noted that elections would be a useless procedure if voters remained unaware of the antecedents of the candidates contesting elections. Thus, a necessary aspect of a voter’s duty to cast intelligent and rational votes is being well-informed. Such information forms one facet of the fundamental right under Article 19 (1)(a) pertaining to freedom of speech and expression. Quoting James Madison, it stated that a citizen’s right to know the true facts about their country’s administration is one of the pillars of a democratic State.
On a similar note, the Supreme Court, while discussing the disclosure of information by an election candidate, gave weightage to the High Court of Bombay‘s opinion on the matter, which opined that non-disclosure of information resulted in misinformation and disinformation, thereby influencing voters to take uninformed decisions. It stated that a voter had the elementary right to know the full particulars of a candidate who is to represent him in Parliament/Assemblies.
While misinformation was discussed primarily in relation to elections, the effects of misinformation in other sectors have also been discussed from time to time. In particular, The court highlighted the World Health Organisation’s observation in 2021 while discussing the spread of COVID-19, noting that the pandemic was not only an epidemic but also an “infodemic” due to the overabundance of information on the internet, which was riddled with misinformation and disinformation. While condemning governments’ direct or indirect threats of prosecution to citizens, it noted that various citizens who relied on the internet to provide help in securing medical facilities and oxygen tanks were being targeted by alleging that the information posted by them was false and was posted to create panic, defame the administration or damage national image. It instructed authorities to cease such threats and prevent clampdown on information sharing.
More recently, in Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529], the apex court, while upholding the summons issued to Facebook by the Delhi Legislative Assembly in the aftermath of the 2020 Delhi Riots, noted that while social media enables equal and open dialogue between citizens and policymakers, it is also a tool in the where extremist views are peddled into mainstream media, thereby spreading misinformation. It noted Facebook’s role in the Mynmar, where misinformation and posts that Facebook employees missed fueled offline violence. Since Facebook is one of the most popular social media applications, the platform itself acts as a power center by hosting various opinions and voices on its forum. This directly impacts the governance of States, and some form of liability must be attached to the platform. The Supreme Court objected to Facebook taking contrary stands in various jurisdictions; while in the US, it projected itself as a publisher, which enabled it to maintain control over the material disseminated from its platform, while in India, “it has chosen to identify itself purely as a social media platform, despite its similar functions and services in the two countries.”
Conclusion
The pervasive issue of misinformation in India is a multifaceted challenge with profound implications for democratic processes, public awareness, and social harmony. The alarming statistics of fake news recognition among first-time voters, coupled with a lack of awareness regarding fact-checking organizations, underscore the urgency of addressing this issue. The Supreme Court of India has consistently recognized the detrimental impact of misinformation, particularly in elections. The judiciary has stressed the pivotal role of an informed citizenry in upholding the essence of democracy. It has emphasized the right to access accurate information as a fundamental aspect of freedom of speech and expression. As India grapples with the challenges of misinformation, the intersection of technology, media literacy and legal frameworks will be crucial in mitigating the adverse effects and fostering a more resilient and informed society.
References
- https://thewire.in/media/survey-finds-false-information-risk-highest-in-india
- https://www.statista.com/topics/5846/fake-news-in-india/#topicOverview
- https://www.weforum.org/publications/global-risks-report-2024/digest/
- https://main.sci.gov.in/supremecourt/2020/20428/20428_2020_37_1501_28386_Judgement_08-Jul-2021.pdf
- Secretary, Ministry of Information & Broadcasting, Govt, of India and Others v. Cricket Association of Bengal and Another [(1995) 2 SCC 161]
- People’s Union for Civil Liberties (PUCL) v. Union of India [(2003) 4 SCC 399]
- Kisan Shankar Kathore v. Arun Dattatray Sawant and Others [(2014) 14 SCC 162]
- Distribution of Essential Supplies & Services During Pandemic, In re [(2021) 18 SCC 201]
- Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529]
Related Blogs
Introduction
Targeting airlines and airports, airline hoax threats are fabricated alarms which intend to disrupt normal day-to-day activities and create panic among the public. Security of public settings is of utmost importance, making them a vulnerable target. The consequences of such threats include the financial loss incurred by parties concerned, increased security protocols to be followed immediately after and in preparation, flight delays and diversions, emergency landings and passenger inconvenience and emotional distress. The motivation behind such threats is malicious intent of varying degrees, breaching national security, integrity and safety. However, apart from the government, airline and social media authorities which already have certain measures in place to tackle such issues, the public, through responsible consumption and verified sharing has an equal role in preventing the spread of misinformation and panic regarding the same.
Hoax Airline Threats
The recent spate of bomb hoax threats to Indian airlines has witnessed false reports about threats to (over) 500 flights since 14/10/2024, the majority being traced to posts on social media handles which are either anonymous or unverified. Some recent incidents include a hoax threat on Air India's flights from Delhi to Mumbai via Indore which was posted on X, 30/10/2024 and a flight from Nepal (Kathmandu) to Delhi on November 2nd, 2024.
As per reports by the Indian Express, steps are being taken to address such incidents by tweaking the assessment criteria for threats (regarding bombs) and authorities such as the Bomb Threat Assessment Committees (BTAC) are being selective in categorising them as specific and non-specific. Some other consideration factors include whether a VIP is onboard and whether the threat has been posted from an anonymous account with a similar history.
CyberPeace Recommendations
- For Public
- Question sensational information: The public should scrutinise the information they’re consuming not only to keep themselves safe but also to be responsible to other citizens. Exercise caution before sharing alarming messages, posts and pieces of information
- Recognising credible sources: Rely only on trustworthy, verified sources when sharing information, especially when it comes to topics as serious as airline safety.
- Avoiding Reactionary Sharing: Sharing in a state of panic can contribute to the chaos created upon receiving unverified news, hence, it is suggested to refrain from reactionary sharing.
- For the Authorities & Agencies
- After a series of hoax bomb threats, the Government of India has issued an advisory to social media platforms calling for them to make efforts for the removal of such malicious content. Adherence to obligations such as the prompt removal of harmful content or disabling access to such unlawful information has been specified under the IT Rules, 2021. They are also obligated under the Bhartiya Nagarik Suraksha Sanhita 2023 to report certain offences on their platform. The Ministry of Civil Aviation’s action plan consists of plans regarding hoax bomb threats being labelled as a cognisable offence, and attracting a no-flyers list as a penalty, among other things.
These plans also include steps such as :
- Introduction of other corrective measures that are to be taken against bad actors (similar to having a non-flyers list).
- Introduction of a reporting mechanism which is specific to such threats.
- Focus on promoting awareness, digital literacy and critical thinking, fact-checking resources as well as encouraging the public to report such hoaxes
Conclusion
Preventing the spread of airline threat hoaxes is a collective responsibility which involves public engagement and ownership to strengthen safety measures and build upon the trust in the overall safety ecosystem (here; airline agencies, government authorities and the public). As the government and agencies take measures to prevent such instances, the public should continue to share information only from and on verified and trusted portals. It is encouraged that the public must remain vigilant and responsible while consuming and sharing information.
References
- https://indianexpress.com/article/business/flight-bomb-threats-assessment-criteria-serious-9646397/
- https://www.wionews.com/world/indian-airline-flight-bound-for-new-delhi-from-nepal-receives-hoax-bomb-threat-amid-rise-in-similar-incidents-772795
- https://www.newindianexpress.com/nation/2024/Oct/26/centre-cautions-social-media-platforms-to-tackle-misinformation-after-hoax-bomb-threat-to-multiple-airlines
- https://economictimes.indiatimes.com/industry/transportation/airlines-/-aviation/amid-rising-hoax-bomb-threats-to-indian-airlines-centre-issues-advisory-to-social-media-companies/articleshow/114624187.cms
Introduction
In todays time, we can access any information in seconds and from the comfort of our homes or offices. The internet and its applications have been substantial in creating an ease of access to information, but the biggest question which still remains unanswered is Which information is legit and which one is fake? As netizens, we must be critical of what information we access and how.
Influence of Bad actors
The bad actors are one of the biggest threats to our cyberspace as they make the online world full of fear and activities which directly impact the users financial or emotional status by exploitaing their vulnerabilities and attacking them using social engineering. One such issue is website spoofing. In website spoofing, the bad actors try and create a website similar to the original website of any reputed brand. The similarity is so uncanny that the first time or occasional website users find it very difficult to find the difference between the two websites. This is basically an attempt to access sensitive information, such as personal and financial information, and in some cases, to spread malware into the users system to facilitate other forms of cybercrimes. Such websites will have very lucrative offers or deals, making it easier for people to fall prey to such phoney websites In turn, the bad actors can gain sensitive information right from the users without even calling or messaging them.
The Incident
A Noida based senior citizen couple was aggreved by using their dishwasher, and to get it fixed, they looked for the customer care number on their web browser. The couple came across a customer care number- 1800258821 for IFB, a electronics company. As they dialed the number and got in touch with the fake customer care representative, who, upon hearing the couple’s issue, directed them to a supposedly senior official of the company. The senior official spoke to the lady, despite of the call dropping few times, he was admant on staying in touch with the lady, once he had established the trust factor, he asked the lady to download an app which he potrayed to be an app to register complaints and carry out quick actions. The fake senior offical asked the lady to share her location and also asked her to grant few access permissions to the application along with a four digit OTP which looked harmless. He further asked the kady to make a transaction of Rs 10 as part of the complaint processing fee. Till this moment, the couple was under the impression that their complaimt had been registred and the issue with their dishwasher would be rectified soon.
The couple later at night recieved a message from their bank, informing them that Rs 2.25 lakh had been debited from their joint bank account, the following morning, they saw yet another text message informing them of a debit of Rs 5.99 lakh again from their account. The couple immediatly understood that they had become victims to cyber fraud. The couple immediatly launched a complaint on the cyber fraud helpline 1930 and their respective bank. A FIR has been registerd in the Noida Cyber Cell.
How can senior citizens prevent such frauds?
Senior citizens can be particularly vulnerable to cyber frauds due to their lack of familiarity with technology and potential cognitive decline. Here are some safeguards that can help protect them from cyber frauds:
- Educate seniors on common cyber frauds: It’s important to educate seniors about the most common types of cyber frauds, such as phishing, smishing, vishing, and scams targeting seniors.
- Use strong passwords: Encourage seniors to use strong and unique passwords for their online accounts and to change them regularly.
- Beware of suspicious emails and messages: Teach seniors to be wary of suspicious emails and messages that ask for personal or financial information, even if they appear to be from legitimate sources.
- Verify before clicking: Encourage seniors to verify the legitimacy of links before clicking on them, especially in emails or messages.
- Keep software updated: Ensure seniors keep their software, including antivirus and operating system, up to date.
- Avoid public Wi-Fi: Discourage seniors from using public Wi-Fi for sensitive transactions, such as online banking or shopping.
- Check financial statements: Encourage seniors to regularly check their bank and credit card statements for any suspicious transactions.
- Secure devices: Help seniors secure their devices with antivirus and anti-malware software and ensure that their devices are password protected.
- Use trusted sources: Encourage seniors to use trusted sources when making online purchases or providing personal information online.
- Seek help: Advise seniors to seek help if they suspect they have fallen victim to a cyber fraud. They should contact their bank, credit card company or report the fraud to relevant authorities. Calling 1930 should be the first and primary step.
Conclusion
The cyberspace is new space for people of all generations, the older population is a little more vulnerble in this space as they have not used gadgets or internet for most f theur lives, and now they are dependent upon the devices and application for their convinience, but they still do not understand the technology and its dark side. As netizens, we are responsible for safeguarding the youth and the older population to create a wholesome, safe, secured and sustainable cyberecosystem. Its time to put the youth’s understanding of tech and the life experience of the older poplaution in synergy to create SoPs and best practices for erradicating such cyber frauds from our cyberspace. CyberPeace Foundation has created a CyberPeace Helpline number for victims where they will be given timely assitance for resolving their issues; the victims can reach out the helpline on +91 95700 00066 and thay can also mail their issues on helpline@cyberpeace.net.
Introduction
The advent of AI-driven deepfake technology has facilitated the creation of explicit counterfeit videos for sextortion purposes. There has been an alarming increase in the use of Artificial Intelligence to create fake explicit images or videos for sextortion.
What is AI Sextortion and Deepfake Technology
AI sextortion refers to the use of artificial intelligence (AI) technology, particularly deepfake algorithms, to create counterfeit explicit videos or images for the purpose of harassing, extorting, or blackmailing individuals. Deepfake technology utilises AI algorithms to manipulate or replace faces and bodies in videos, making them appear realistic and often indistinguishable from genuine footage. This enables malicious actors to create explicit content that falsely portrays individuals engaging in sexual activities, even if they never participated in such actions.
Background on the Alarming Increase in AI Sextortion Cases
Recently there has been a significant increase in AI sextortion cases. Advancements in AI and deepfake technology have made it easier for perpetrators to create highly convincing fake explicit videos or images. The algorithms behind these technologies have become more sophisticated, allowing for more seamless and realistic manipulations. And the accessibility of AI tools and resources has increased, with open-source software and cloud-based services readily available to anyone. This accessibility has lowered the barrier to entry, enabling individuals with malicious intent to exploit these technologies for sextortion purposes.
The proliferation of sharing content on social media
The proliferation of social media platforms and the widespread sharing of personal content online have provided perpetrators with a vast pool of potential victims’ images and videos. By utilising these readily available resources, perpetrators can create deepfake explicit content that closely resembles the victims, increasing the likelihood of success in their extortion schemes.
Furthermore, the anonymity and wide reach of the internet and social media platforms allow perpetrators to distribute manipulated content quickly and easily. They can target individuals specifically or upload the content to public forums and pornographic websites, amplifying the impact and humiliation experienced by victims.
What are law agencies doing?
The alarming increase in AI sextortion cases has prompted concern among law enforcement agencies, advocacy groups, and technology companies. This is high time to make strong Efforts to raise awareness about the risks of AI sextortion, develop detection and prevention tools, and strengthen legal frameworks to address these emerging threats to individuals’ privacy, safety, and well-being.
There is a need for Technological Solutions, which develops and deploys advanced AI-based detection tools to identify and flag AI-generated deepfake content on platforms and services. And collaboration with technology companies to integrate such solutions.
Collaboration with Social Media Platforms is also needed. Social media platforms and technology companies can reframe and enforce community guidelines and policies against disseminating AI-generated explicit content. And can ensure foster cooperation in developing robust content moderation systems and reporting mechanisms.
There is a need to strengthen the legal frameworks to address AI sextortion, including laws that specifically criminalise the creation, distribution, and possession of AI-generated explicit content. Ensure adequate penalties for offenders and provisions for cross-border cooperation.
Proactive measures to combat AI-driven sextortion
Prevention and Awareness: Proactive measures raise awareness about AI sextortion, helping individuals recognise risks and take precautions.
Early Detection and Reporting: Proactive measures employ advanced detection tools to identify AI-generated deepfake content early, enabling prompt intervention and support for victims.
Legal Frameworks and Regulations: Proactive measures strengthen legal frameworks to criminalise AI sextortion, facilitate cross-border cooperation, and impose offender penalties.
Technological Solutions: Proactive measures focus on developing tools and algorithms to detect and remove AI-generated explicit content, making it harder for perpetrators to carry out their schemes.
International Cooperation: Proactive measures foster collaboration among law enforcement agencies, governments, and technology companies to combat AI sextortion globally.
Support for Victims: Proactive measures provide comprehensive support services, including counselling and legal assistance, to help victims recover from emotional and psychological trauma.
Implementing these proactive measures will help create a safer digital environment for all.
Misuse of Technology
Misusing technology, particularly AI-driven deepfake technology, in the context of sextortion raises serious concerns.
Exploitation of Personal Data: Perpetrators exploit personal data and images available online, such as social media posts or captured video chats, to create AI- manipulation violates privacy rights and exploits the vulnerability of individuals who trust that their personal information will be used responsibly.
Facilitation of Extortion: AI sextortion often involves perpetrators demanding monetary payments, sexually themed images or videos, or other favours under the threat of releasing manipulated content to the public or to the victims’ friends and family. The realistic nature of deepfake technology increases the effectiveness of these extortion attempts, placing victims under significant emotional and financial pressure.
Amplification of Harm: Perpetrators use deepfake technology to create explicit videos or images that appear realistic, thereby increasing the potential for humiliation, harassment, and psychological trauma suffered by victims. The wide distribution of such content on social media platforms and pornographic websites can perpetuate victimisation and cause lasting damage to their reputation and well-being.
Targeting teenagers– Targeting teenagers and extortion demands in AI sextortion cases is a particularly alarming aspect of this issue. Teenagers are particularly vulnerable to AI sextortion due to their increased use of social media platforms for sharing personal information and images. Perpetrators exploit to manipulate and coerce them.
Erosion of Trust: Misusing AI-driven deepfake technology erodes trust in digital media and online interactions. As deepfake content becomes more convincing, it becomes increasingly challenging to distinguish between real and manipulated videos or images.
Proliferation of Pornographic Content: The misuse of AI technology in sextortion contributes to the proliferation of non-consensual pornography (also known as “revenge porn”) and the availability of explicit content featuring unsuspecting individuals. This perpetuates a culture of objectification, exploitation, and non-consensual sharing of intimate material.
Conclusion
Addressing the concern of AI sextortion requires a multi-faceted approach, including technological advancements in detection and prevention, legal frameworks to hold offenders accountable, awareness about the risks, and collaboration between technology companies, law enforcement agencies, and advocacy groups to combat this emerging threat and protect the well-being of individuals online.
