#FactCheck - Viral Video of ‘Hatha Yogi’ Meditating on Snowy Mountain Is AI-Generated

Introduction

Data protection has been a critical aspect of advocacy and governance all across the world. Data fuels our cyber-ecosystem and strengthens the era of emerging technologies. All industries and sectors are now dependent upon the data of the user. The governments across the world have been deliberating internally to address the issue and legality of Data protection and privacy. The Indian government has witnessed various draft bills and policies focusing on Data protection over the years, and the contemporary bill is the Digital Personal Data Protection Bill, 2023, which was tabled at the Lok Sabha (Lower House of Parliament) on 03 August for discussions and parliamentary assent.

What is DPDP, 2023?

The goal of the complete and comprehensive Digital Personal Data Protection Bill of 2023 is to establish a framework for the protection of personal data in India. The measure acknowledges the significance of protecting personal data and seeks to strike a balance between the necessity to process personal data for legitimate purposes and the right of individuals to do so. The bill establishes a number of crucial expressions and ideas associated with the protection of personal data, including “data fiduciary,” “data principal,” and “sensitive personal data.” It also emphasises the duties of data fiduciaries, including the need to establish suitable security measures to preserve personal data and the need to secure data principals’ consent before processing their personal information. The measure also creates the Data Protection Board of India, which would implement its requirements and guarantee data fiduciaries’ compliance. The board will have the authority to look into grievances, give directives, and impose sanctions for non-compliance.

Key Features of the Bill

The bill tabled at the parliament has the following key features:

• The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.
• Under the 2023 bill, a new Data Protection Board is established, which will ensure compliance, remedies and penalties.
• Under the new bill, the Board has been entrusted with the power equivalent to a civil court, such as the power to take cognisance in response to personal data breaches, investigate complaints, imposing penalties. Additionally, the Board can issue directions to ensure compliance with the act.
• The 2023 bill also secures more rights of Individuals and establishes a balance between user protection and growing innovations.
• The bill creates a transparent and accountable data governance framework by giving more rights to individuals.
• There is an Incorporation of Business-friendly provisions by removing criminal penalties for non-compliance and facilitating international data transfers.
• The new 2023 bill balances out fundamental privacy rights and puts reasonable limitations on those rights.
• The new data protection board will carefully examine the instance of non-compliance by imposing penalties on non-compiler.
• The bill does not provide any express clarity in regards to compensation to be granted to the Data Principal in case of a Data Breach.
• Under 2023 Deemed consent is there in its new form as ‘Legitimate Users’ pertaining to the conditions in regard to Sovernity and Intergrity of India.
• There is an introduction of the negative list, which restricts cross-data transfer.

Additionally, the measure makes special provisions for the processing of children’s personal data and acknowledges the significance of protecting children’s privacy. Additionally, it highlights the rights of the data subjects, including their right to access their personal information, their right to have wrong information corrected, and their right to be forgotten.

Drive4CyberPeace

A campaign was undertaken by CyberPeace to gain a critical understanding of what people understand about Data privacy and protection in India. The 4-month long campaign led to a pan-India interaction with netizens from different areas and backgrounds. The thoughts and opinions of the netizens were understood and collated in the form of a whitepaper which was, in turn, presented to Parliamentarians and government officials. The whitepaper laid the foundation of the recommendations submitted to the Ministry of Electronics and Information Technology as part of the stakeholder consultation.

Conclusion

Overall, the Digital Personal Data Protection Bill of 2023 is an important step towards safeguarding Indian citizens’ privacy and personal data. It creates a regulatory agency to guarantee compliance and enforcement and offers a thorough framework for data protection. The law includes special measures for the protection of sensitive personal data and the personal data of children and acknowledges the significance of striking a balance between the right to privacy and the necessity of data processing.

Executive Summary:

A widely circulated social media post claims that the Government of India has reportedly opened an account—Army Welfare Fund Battle Casualty—at Canara Bank to support the modernization of the Indian Army and assist injured or martyred soldiers. Citizens can voluntarily contribute starting from ₹1, with no upper limit. The fund is said to have been launched based on a suggestion by actor Akshay Kumar, which was later acknowledged by the Prime Minister of India through Mann Ki Baat and social media platforms. However, the fact is that no such decision has been taken by the cabinet recently, and no such decision has been officially announced.

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Claim:

A viral social media post claims that the Government of India has launched a new initiative aimed at modernizing the Indian Army and supporting battle casualties through public donations. According to the post, a special bank account has been created to enable citizens to contribute directly toward the procurement of arms and equipment for the armed forces.

It further states that this initiative was introduced following a Cabinet decision and was inspired by a suggestion from Bollywood actor Akshay Kumar, which was reportedly acknowledged by the Prime Minister during his Mann Ki Baat address.

The post encourages individuals to donate any amount starting from ₹1, with no upper limit, and estimates that widespread public participation could generate up to ₹36,000 crore annually to support the armed forces. It also lists two bank accounts—one at Canara Bank (Account No: 90552010165915) and another at State Bank of India (Account No: 40650628094)—allegedly designated for the "Armed Forces Battle Casualties Welfare Fund."

The statement said,” The government established a range of welfare schemes for soldiers killed or disabled while undertaking military operations in recent combat. In 2020, the government established the 'Armed Forces Battle Casualty Welfare Fund (AFBCWF)', which is used to provide immediate financial assistance to families of soldiers, sailors and airmen who lose their lives or sustain grievous injury as a result of active military service.” 

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We also found a similar post from the past, which can be seen here.
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Fact Check:

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The Press Information Bureau (PIB) have responded to the viral post stating that it is misleading, and the Government has not launched any message inviting public donations towards the modernisation of the Indian Army or for purchasing Weapons for the army. The only known official initiative by the Ministry of Defence is the "Armed Forces Battle Casualties Welfare Fund", which is an initiative set up to support the families of our soldiers who have been marshalled or grievously disabled in the line of duty, not for buying military equipment.

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In addition, the bank account details mentioned in the Viral post are false, and donations and charitable donations submitted to the account have been dishonoured. 

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The other false claim says that actor Akshay Kumar is promoting or heading this message-there is no official/disclosure record or announcement related to him leading or sponsoring this project. Having said that in 2017, Akshay Kumar encouraged public contributions of just one rupee per month to support the armed forces, through a web portal called “Bharat Ke Veer”. The platform was developed in partnership with the Ministry of Home Affairs

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Citizens have to rely on only official government sources and ignore misleading messages on such social media platforms.

Conclusion:

The viral social media post suggesting that the Government of India has initiated a donation drive for the modernisation of the Indian Army and the purchase of weapons is misleading and inaccurate. According to the Press Information Bureau (PIB), no such initiative has been launched by the government, and the bank account details provided in the post are false, with reported cases of dishonoured transactions. The only legitimate initiative is the Armed Forces Battle Casualties Welfare Fund (AFBCWF), which provides financial assistance to the families of soldiers who are martyred or seriously injured in the line of duty. While actor Akshay Kumar played a key role in launching the Bharat Ke Veer portal in 2017 to support paramilitary personnel, he has no official connection to the viral claims.

• Claim: The government has launched a public donation message to fund Army weapon purchases.
• Claimed On:  Social Media
• Fact Check: False and Misleading

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Introduction

In a setback to the Centre, the Bombay High Court on Friday 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms. 

Chronological Overview

• On 6th April 2023, the Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023). These rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government”. This amendment was done In exercise of the powers conferred by section 87 of the Information Technology Act, 2000. (IT Act).
• On 20 March 2024, the Central Government notified the Press Information Bureau (PIB) as FCU under rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023). 
• The next day on  21st March 2024, the Supreme Court stayed the Centre's decision on notifying PIB -FCU, considering the pendency of the proceedings before the High Court of Judicature at Bombay. A detailed analysis covered by CyberPeace on the Supreme Court Stay decision can be accessed here.
• In the latest development, the Bombay High Court on 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms.  

Brief Overview of Bombay High Court decision dated 20th September 2024

Justice AS Chandurkar was appointed as the third judge after a split verdict in January 2023 by a division bench consisting of Justices Gautam Patel and Neela Gokhal.  As a Tie-breaker judge' Justice AS Chandurkar delivered the decision striking down provisions for setting up a Fact Check Unit under IT amendment 2023 rules. Striking down the Centre's proposed fact check unit provision, Justice A S Chandurkar of Bombay High Court also opined that there was no rationale to undertake an exercise in determining whether information related to the business of the Central govt was fake or false or misleading when in digital form but not doing the same when such information was in print. It was also contended that there is no justification to introduce an FCU only in relation to the business of the Central Government. Rule 3(1)(b)(v) has a serious chilling effect on the exercise of the freedom of speech and expression under Article 19(1)(a) of the Constitution since the communication of the view of the FCU will result in the intermediary simply pulling down the content for fear of consequences or losing the safe harbour provision given under IT Act.  

Justice Chandurkar held that the expressions ‘fake, false or misleading’ are ‘vague and overbroad’, and that the ‘test of proportionality’ is not satisfied. Rule 3(1)(b)(v), was violative of Articles 14 and 19 (1) (a) and 19 (1) (g) of the Constitution and it is “ultra vires”, or beyond the powers, of the IT Act.

Role of Expert Organisations in Curbing Mis/Disinformation and Fake News

In light of the recent developments, and the rising incidents of Mis/Disinformation and Fake News it becomes significantly important that we all stand together in the fight against these challenges. The actions against Mis/Disinformation and fake news should be strengthened by collective efforts, the expert organisations like CyberPeace Foundation plays an key role in enabling and encouraging netizens to exercise caution and rely on authenticated sources, rather than solely rely on govt FCU to block the content. 

Mis/Disinformation and Fake News should be stopped, identified and countered by netizens at the very first stage of its spread. In light of the Bombay High Court's decision to stuck down the provision related to setting up the FCU by the Central Government, it entails that the government's intention to address misinformation related solely to its business/operations may not have been effectively communicated in the eyes of the judiciary.

It is high time to exercise collective efforts against Mis/Disinformation and Fake News and support expert organizations who are actively engaged in conducting proactive measures, and campaigns to target these challenges, specifically in the online information landscape. CyberPeace actively publishes fact-checking reports and insights on Prebunking and Debunking, conducts expert sessions and takes various key steps aimed at empowering netizens to build cognitive defences to recognise the susceptible information, disregard misleading claims and prevent further spreads to ensure the true online information landscape.

References:

• https://www.scconline.com/blog/post/2024/09/20/bombay-high-court-it-rules-amendment-2023-fact-check-units-article14-article19-legal-news/#:~:text=Bombay%20High%20Court%3A%20A%20case,grounds%20that%20it%20violated%20constitutional
• https://indianexpress.com/article/cities/mumbai/bombay-hc-strikes-down-it-act-amendment-fact-check-unit-9579044/
• https://www.cyberpeace.org/resources/blogs/supreme-court-stay-on-centres-notification-of-pibs-fact-check-unit-under-it-amendment-rules-2023

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