Advisory for APS School Students

Introduction

In the new age of technologies the internet and social media continue to witness a surge in deepfake videos a technological phenomenon that blurs the line between reality and fiction. The string of deepfake videos of Bollywood actors and other famous personalities has raised serious concerns. While Prime Minister Narendra Modi spoke against the risks of artificial intelligence at the G20 Virtual Summit. The central government has recently announced that it will soon set up dedicated regulations to tackle this Menace. This will include holding social media platforms and creators responsible for their actions against the rules and regulations. Very often most people shy away from initiating a legal process or taking action while being victims of misuse of fast-paced tech but the government has announced its big support to the victims and promised to stand by complaints against deepfake videos especially this includes helping individuals to report the incidents and any violations by platforms.

Social media platforms to realign their policies as per the Indian laws

The Ministry of Electronics and Information Technology (MeitY) announced on 24th November 2023 that it will be giving social media platforms seven days time period to align their terms of service and other policies with Indian laws and regulations in order to address the issue of hosting of deepfakes on these platforms. All platforms must align and transform their terms of use with their users to be consistent with the 12 areas that are prohibited under rule 3(1)(b) of the Information Technology (IT) Rules, 2021.

The platforms will ensure harmonization and alignment of their terms & policies so that every user on every platform is aware that when they use a platform the platform intends to be a safe and trusted platform and the platform will not tolerate these 12 types of content or information that have been prohibited under the IT Act and the IT rules. The government approach is to collectively advocate for responsible and safe use of the Internet. The government has taken a proactive step in partnership with these social media platforms to ensure an era where such platforms will be a lot more responsible and a lot more responsive to the expectations under the law and more compliant.

Officer to be appointed under rule 7 

As Deepfake Videos continue to surface on social media, the Government has geared up to curb such content online. Mr. Rajeev Chandrasekhar Minister of State, (Meity), stated that the government will soon appoint an officer to take appropriate action against deepfake videos. This statement came after the government meeting with industry stakeholders and important players held on 24 Nov 2023. He added that Meity and the government of India will nominate an officer under rule 7  (IT rules 2021) and will ensure full compliance expectations from all the platforms. An officer appointed under Rule 7,  will be entrusted with building a mechanism where users can put in their complaints regarding deepfakes and MeitY may also assist such aggrieved users with filing FIRs in such cases. Mr. Rajeev Chandrasekhar, Minister of State, (Meity) also added that we will also be creating a platform where it will be very easy for netizens to bring to the attention of the government of India and notices of allegations or reports of violation of law by the platforms and the rule 7 officer will take that digital platform information and respond accordingly. 

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (updated as on 6.4.2023)

Rule 3(1)(b) states that intermediaries shall inform its rules and regulations, privacy policy and user agreement to the user and shall make reasonable efforts to ‘restrict’ the users from hosting, displaying, uploading, modifying, publishing, transmitting, store, update or sharing any information that is prohibited under this rule which also includes deepfake, misinformation, CSAM(Child sexual abusive material) etc.  As per rule 3(2)(b) Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that expose the private areas of individuals, show such individuals in full or partial nudity or in a sexual act or is in the nature of impersonation including morphed images etc. 

Ongoing Efforts Ahead of Crucial Meeting with Tech Giants

Ahead of the government meeting with online platforms such as Google, Facebook, and YouTube on Friday, 24th November 2023, Mr. Rajeev Chandrasekhar Minister of State, (Meity) added that way back from October 2022 the government of India had been alerting them to the threat of misinformation and deepfakes which are part of misinformation. He further added that the current IT rules under the IT Act provide for adequate compliance requirements on their part to deal with deepfake.

Deepfake Misinformation

Misinformation powered by AI becoming an even more potent force to disrupt and to mislead and to create chaos and confusion at a scale and of a type that is deeply detrimental. Deepfakes in a very simple basic way is misinformation which is powered by or enhanced by AI. Video-based deepfake misinformation is more dangerous since it has a greater reach as video consumption today is the preferred choice by users on the internet.

Way forward

The Honorable Prime Minister has raised the issue that deep fakes are deeply disruptive they can create divisions and all kinds of disruptions in communities, in families and therefore misuse of deepfake technology is a very clear present danger to the safe and trusted internet.

The Government is on its way to draft a dedicated legislation dedicated to tackling deepfakes.

Even as we speak to a future regulation and a future law which is certainly required given that our IT Act is 23 years old. However current IT rules provide for compliance requirements by the platforms on misinformation patently false information and deepfakes. Followed by the recent government advisory on misinformation and deepfake.

Conclusion

Prime Minister alerting of the dangers of deepfakes online. The government is now in the process of starting to look very seriously into this issue and also issued guidelines for intermediaries and in a finite period of time it is hoped that the threat of deep fakes would actually no longer exist in in our system. The government made it clear that apart from people spreading deepfake videos, the platforms making them spread and not taking action will also be liable they are currently liable and will be even more so in future after new rules and regulations are brought in.

References:

• https://www.moneycontrol.com/news/technology/deepfakes-meity-gives-social-media-platforms-7-day-ultimatum-to-align-their-policies-to-indian-laws-and-regulations-11805521.html
• https://www.azbpartners.com/bank/amendments-to-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021/#:~:text=Prior%20to%20the%20amendment%2C%20under%20Rule%203(1)
• https://www.drishtiias.com/daily-updates/daily-news-analysis/amendments-to-the-it-rules-2021
• https://youtu.be/zmI2ml1d_Es?feature=shared
• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1975445

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Introduction

The Supreme Court of India recently ruled that telecom companies cannot be debarred from reissuing the deactivated numbers to a new subscriber. Notably, such reallocation of deactivated numbers is allowed only after the expiration of the period of 90 days. The Apex Court of India also mentioned that it is the responsibility of the user to delete their associated data with their number or any WhatsApp account data to ensure privacy. The  Centre has recently also blocked 22 apps which were part of unlawful operations including betting and money laundering. Meanwhile, in the digital landscape, the Intervention of legislature and judiciary is playing a key role in framing policies or coming up with guidelines advocating for a true cyber-safe India.  The government initiatives are encouraging the responsible use of technologies and Internet-availed services. 

Supreme Court stated that  telecom companies cannot be barred from reissuing deactivated numbers

Taking note of a petition before the Supreme Court of India, seeking direction from the Telecom Regulatory Authority of India (TRAI) to instruct mobile service providers to stop issuing deactivated mobile numbers, the Apex Court dismissed it by stating that mobile service providers in India are allowed to allocate the deactivated numbers to new users or subscribers but only after 90 days from the deactivation of the number. 

A concern of Breach of Confidential Data

The Court further stated, “It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained.” stating that it is the responsibility of the user to delete their WhatsApp account attached to the previous phone number and erase their data. The Court further added that users need to be aware of the Supreme Court ruling that once the number is deactivated for non-use and disconnection, it can not be reallocated before the expiry of the 90-day period of such deactivation. However, after the allotted time passes, such reallocation of numbers to a new user is allowed.   

MEITY issued blocking orders against 22 illegal betting apps & websites

The government of India has been very critical in safeguarding Indian cyberspace by banning and blocking various websites and apps that have been operating illegally by scamming/dupping people of huge sums of money and also committing cyber crimes like data breaches. In recent developments, the Ministry of Electronic and Information Technology (Meity), on November 5, 2023, banned 22 apps including Mahadev Book and Reddyannaprestopro. The Centre has taken this decision on recommendations from the Enforcement Directorate (ED). ED raids on the Mahadev book app in Chattisgarh also revealed unlawful operations. This investigation has been underway for the past few months by the ED.

Applicable laws to prevent money laundering and the power of government to block such websites and apps

On the other hand, the Prevention of Money Laundering Act (PMLA) 2002 is a legislation already in place which aims to prevent and prosecute cases of money laundering. The government also has the power to block or recommend shutting down websites and apps under section 69A of the Information and Technology Act, 2000, under some specific condition as enumerated in the same.

Conclusion

In the evolving digital landscape, cyberspace covers several aspects while certain regulations or guidelines are required for smooth and secure functioning.  We sometimes change our phone numbers or deactivate them, hence, it is significantly important to delete the data associated with the phone number or any such social media account data attached to it. Hence, such a number is eligible for reallocation to a new or early subscriber after the expiration of a period of 90 days from such deactivation. On the other hand, the centre has also blocked the websites or apps that were found to be part of illegal operations including betting and money laundering. Users have also been advised not to misuse the Internet-availed services. Hence, trying to create a lawful and safe Internet environment for all. 

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References:

• https://timesofindia.indiatimes.com/india/cant-bar-telecom-companies-from-reissuing-deactivated-numbers-says-supreme-court/articleshow/104993401.cms
• https://pib.gov.in/PressReleseDetailm.aspx?PRID=1974901#:~:text=Ministry%20of%20Electronics%20and%20Information,including%20Mahadev%20Book%20and%20Reddyannaprestopro 

Executive Summary:

A recent claim going around on social media that a child created sand sculptures of cricket legend Mahendra Singh Dhoni, has been proven false by the CyberPeace Research Team. The team discovered that the images were actually produced using an AI tool. Evident from the unusual details like extra fingers and unnatural characteristics in the sculptures, the Research Team discerned the likelihood of artificial creation. This suspicion was further substantiated by AI detection tools. This incident underscores the need to fact-check information before posting, as misinformation can quickly go viral on social media. It is advised everyone to carefully assess content to stop the spread of false information.

Claims:

The claim is that the photographs published on social media show sand sculptures of cricketer Mahendra Singh Dhoni made by a child.

Fact Check:

Upon receiving the posts, we carefully examined the images. The collage of 4 pictures has many anomalies which are the clear sign of AI generated images.

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In the first image the left  hand of the sand sculpture has 6 fingers and in the word INDIA, ‘A’ is not properly aligned i.e not in the same line as other letters. In the second image, the finger of the boy is missing and the sand sculpture has 4 fingers in its front foot and has 3 legs. In the third image the slipper of the boy is not visible whereas some part of the slipper is visible, and in the fourth image the hand of the boy is not looking like a hand. These are some of the major discrepancies clearly visible in the images.

We then checked using an AI Image detection tool named ‘Hive’ image detection, Hive detected the image as 100.0% AI generated.

We then checked it in another AI image detection named ContentAtScale AI image detection, and it found to be 98% AI generated.

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From this we concluded that the Image is AI generated and has no connection with the claim made in the viral social media posts. We have also previously debunked AI Generated artwork of sand sculpture of Indian Cricketer Virat Kohli which had the same types of anomalies as those seen in this case.

Conclusion:

Taking into consideration the distortions spotted in the images and the result of AI detection tools, it can be concluded that the claim of the pictures representing the child's sand sculptures of cricketer Mahendra Singh Dhoni is false. The pictures are created with Artificial Intelligence. It is important to check and authenticate the content before posting it to social media websites.

• Claim: The frame of pictures shared on social media contains child's sand sculptures of cricket player Mahendra Singh Dhoni.
• Claimed on: X (formerly known as Twitter), Instagram, Facebook, YouTube
• Fact Check: Fake & Misleading