#FactCheck - Viral Video Claiming Snowfall Near Ambience Mall in Gurugram Is Misleading

Introduction

Election misinformation poses a major threat to democratic processes all over the world. The rampant spread of misleading information intentionally (disinformation) and unintentionally (misinformation) during the election cycle can not only create grounds for voter confusion with ramifications on election results but also incite harassment, bullying, and even physical violence. The attack on the United States Capitol Building in Washington D.C., in 2021, is a classic example of this phenomenon, where the spread of dis/misinformation snowballed into riots. 

Election Dis/Misinformation 

Election dis/misinformation is false or misleading information that affects/influences public understanding of voting, candidates, and election integrity. The internet, particularly social media, is the foremost source of false information during elections. It hosts fabricated news articles, posts or messages containing incorrectly-captioned pictures and videos, fabricated websites, synthetic media and memes, and distorted truths or lies. In a recent example during the 2024 US elections, fake videos using the Federal Bureau of Investigation’s (FBI) insignia alleging voter fraud in collusion with a political party and claiming the threat of terrorist attacks were circulated. According to polling data collected by Brookings, false claims influenced how voters saw candidates and shaped opinions on major issues like the economy, immigration, and crime. It also impacted how they viewed the news media’s coverage of the candidates’ campaign. The shaping of public perceptions can thus, directly influence election outcomes. It can increase polarisation, affect the quality of democratic discourse, and cause disenfranchisement. From a broader perspective, pervasive and persistent misinformation during the electoral process also has the potential to erode public trust in democratic government institutions and destabilise social order in the long run.  

Challenges In Combating Dis/Misinformation

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1. Platform Limitations:  Current content moderation practices by social media companies struggle to identify and flag misinformation effectively. To address this, further adjustments are needed, including platform design improvements, algorithm changes, enhanced content moderation, and stronger regulations.

2. Speed and Spread: Due to increasingly powerful algorithms, the speed and scale at which misinformation can spread is unprecedented. In contrast, content moderation and fact-checking are reactive and are more time-consuming. Further, incendiary material, which is often the subject of fake news, tends to command higher emotional engagement and thus, spreads faster (virality). 

3. Geopolitical influences: Foreign actors seeking to benefit from the erosion of public trust in the USA present a challenge to the country's governance, administration and security machinery. In 2018, the federal jury indicted 11 Russian military officials for alleged computer hacking to gain access to files during the 2016 elections.  Similarly, Russian involvement in the 2024 federal elections has been alleged by high-ranking officials such as White House national security spokesman John Kirby, and Attorney General Merrick Garland. 

4. Lack of Targeted Plan to Combat Election Dis/Misinformation:  In the USA,  dis/misinformation is indirectly addressed through laws on commercial advertising, fraud, defamation, etc. At the state level, some laws such as Bills AB 730, AB 2655, AB 2839, and AB 2355 in California target election dis/misinformation. The federal and state governments criminalize false claims about election procedures, but the Constitution mandates  “breathing space” for protection from false statements within election speech. This makes it difficult for the government to regulate election-related falsities.

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CyberPeace Recommendations

1. Strengthening Election Cybersecurity Infrastructure: To build public trust in the electoral process and its institutions, security measures such as updated data protection protocols, publicized audits of election results, encryption of voter data, etc. can be taken. In 2022, the federal legislative body of the USA  passed the Electoral Count Reform and Presidential Transition Improvement Act (ECRA), pushing reforms allowing only a state’s governor or designated executive official to submit official election results, preventing state legislatures from altering elector appointment rules after Election Day and making it more difficult for federal legislators to overturn election results. More investments can be made in training, scenario planning, and fact-checking for more robust mitigation of election-related malpractices online. 
2. Regulating Transparency on Social Media Platforms: Measures such as transparent labeling of election-related content and clear disclosure of political advertising to increase accountability can make it easier for voters to identify potential misinformation. This type of transparency is a necessary first step in the regulation of content on social media and is useful in providing disclosures, public reporting, and access to data for researchers. Regulatory support is also required in cases where popular platforms actively promote election misinformation.
3. Increasing focus on ‘Prebunking’ and Debunking Information: Rather than addressing misinformation after it spreads, ‘prebunking’ should serve as the primary defence to strengthen public resilience ahead of time. On the other hand, misinformation needs to be debunked repeatedly through trusted channels. Psychological inoculation techniques against dis/misinformation can be scaled to reach millions on social media through short videos or messages.
4. Focused Interventions On Contentious Themes By Social Media Platforms: As platforms prioritize user growth, the burden of verifying the accuracy of posts largely rests with users. To shoulder the responsibility of tackling false information, social media platforms can outline critical themes with large-scale impact such as anti-vax content, and either censor, ban, or tweak the recommendations algorithm to reduce exposure and weaken online echo chambers. 
5. Addressing Dis/Information through a Socio-Psychological Lens: Dis/misinformation and its impact on domains like health, education, economy, politics, etc. need to be understood through a psychological and sociological lens, apart from the technological one. A holistic understanding of the propagation of false information should inform digital literacy training in schools and public awareness campaigns to empower citizens to evaluate online information critically. 

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Conclusion

According to the World Economic Forum’s Global Risks Report 2024, the link between misleading or false information and societal unrest will be a focal point during elections in several major economies over the next two years. Democracies must employ a mixed approach of immediate tactical solutions, such as large-scale fact-checking and content labelling, and long-term evidence-backed countermeasures, such as digital literacy, to curb the spread and impact of dis/misinformation.

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Sources

•  https://www.cbsnews.com/news/2024-election-misinformation-fbi-fake-videos/ 
•  https://www.brookings.edu/articles/how-disinformation-defined-the-2024-election-narrative/ 
•  https://www.fbi.gov/wanted/cyber/russian-interference-in-2016-u-s-elections
• https://indianexpress.com/article/world/misinformation-spreads-fear-distrust-ahead-us-election-9652111/ 
•  https://academic.oup.com/ajcl/article/70/Supplement_1/i278/6597032#377629256 
• https://www.brennancenter.org/our-work/policy-solutions/how-states-can-prevent-election-subversion-2024-and-beyond 
•  https://www.bbc.com/news/articles/cx2dpj485nno 
• https://msutoday.msu.edu/news/2022/how-misinformation-and-disinformation-influence-elections 
• https://misinforeview.hks.harvard.edu/article/a-survey-of-expert-views-on-misinformation-definitions-determinants-solutions-and-future-of-the-field/ 
• https://reutersinstitute.politics.ox.ac.uk/sites/default/files/2023-06/Digital_News_Report_2023.pdf 
• https://www.weforum.org/stories/2024/03/disinformation-trust-ecosystem-experts-curb-it/ 
• https://www.apa.org/topics/journalism-facts/misinformation-recommendations 
• https://mythvsreality.eci.gov.in/ 
• https://www.brookings.edu/articles/transparency-is-essential-for-effective-social-media-regulation/ 
• https://www.brookings.edu/articles/how-should-social-media-platforms-combat-misinformation-and-hate-speech/ 

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Executive Summary:

An alleged video is making the rounds on the internet featuring Ranveer Singh criticizing the Prime Minister Narendra Modi and his Government. But after examining the video closely it revealed that it has been tampered with to change the audio. In fact, the original videos posted by different media outlets actually show Ranveer Singh praising Varanasi, professing his love for Lord Shiva, and acknowledging Modiji’s role in enhancing the cultural charms and infrastructural development of the city. Differences in lip synchronization and the fact that the original video has no sign of criticizing PM Modi show that the video has been potentially manipulated in order to spread misinformation.

Claims:

The Viral Video of Bollywood actor Ranveer Singh criticizing Prime Minister Narendra Modi.

Fact Check:

Upon receiving the Video we divided the video into keyframes and reverse-searched one of the images, we landed on another video of Ranveer Singh with lookalike appearance,  posted by an Instagram account named, “The Indian Opinion News''. In the video Ranveer Singh talks about his experience of visiting Kashi Vishwanath Temple with Bollywood actress Kriti Sanon. When we watched the Full video we found no indication of criticizing PM Modi.

Taking a cue from this we did some keyword search to find the full video of the interview. We found many videos uploaded by media outlets but none of the videos indicates criticizing PM Modi as claimed in the viral video.

Ranveer Singh shared his thoughts about how he feels about Lord Shiva, his opinions on the city and the efforts undertaken by the Prime Minister Modi to keep history and heritage of Varanasi alive as well as the city's ongoing development projects. The discrepancy in the viral video clip is clearly seen when we look at it closely. The lips are not in synchronization with the words which we can hear. It is clearly seen in the original video that the lips are in perfect synchronization with the words of audio. Upon lack of evidence to the claim made and discrepancies in the video prove that the video was edited to misrepresent the original interview of Bollywood Actor Ranveer Singh. Hence, the claim made is misleading and false.

Conclusion:

The video that claims Ranveer Singh criticizing PM Narendra Modi is not genuine. Further investigation shows that it has been edited by changing the audio. The original footage actually shows Singh speaking positively about Varanasi and Modi's work. Differences in lip-syncing and upon lack of evidence highlight the danger of misinformation created by simple editing. Ultimately, the claim made is false and misleading.

• Claim: A viral featuring Ranveer Singh criticizing the Prime Minister Narendra Modi and his Government. 
• Claimed on: X (formerly known as Twitter)
• Fact Check: Fake & Misleading

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The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf