Bombay High Court Strikes Down Provisions to Set Up FCU
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
Related Blogs
Introduction
Emerging technologies in the digital era have made their inroads in manifold domains and locations, including the “Aviation industry”. A 2022 Cranfield University and Inmarsat report has made the point for digitalization powering a reviving age for the aviation industry. Several airport authorities are presently mobilizing power of emerging technologies such as Artificial Intelligence (AI) across the airport bedrock to provide travelers with a plain sailing and expeditious air travel experience.
The Perils of Juice-Jacking
Today, Universal Serial Bus (USB) charging ports are ubiquitous and a convenient way for travelers to keep their devices powered up. In their busy, mundane lives, people use the public charging facility while travelling. However, cybersecurity experts have warned that charging in public areas could wipe off data from an electronic device or install malware, and they have urged people to stay away from USB charging ports at airports and other public areas. This leads to the possibility that fraudsters may manipulate susceptible users via juice jacking.
Investigative journalist Brian Krebs in 2011 coined the term "Juice Jacking". It isa form of cyber attack where a public USB charging port is fiddled with and infected using hardware and software changes to pocket data or install malware on devices connected to it. The term “juice jacking” is a slang representation for electric power or energy, and “hijacking” indicates an unauthorized key toa device.
While the preliminary purpose of juice jacking is usually to pilfer sensitive information from corresponding devices, such as passwords and payment card details, attackers can exploit this stolen information to attain unauthorized to your financial accounts. If the adversary attacker installs malware in the electronic device during the juice jacking strategy, the attacker may further observe the individual's movements even after one has disconnected the device from the USB port. However, the hazards of Juice Jacking include malware infection, data heist, economic loss and damage to the reputation of an individual.
RedFlags from Agencies
In2023, the Federal Bureau of Investigation (FBI) forewarned travelers against using charging stations in public zones such as hotels, airports, and shopping malls due to malicious actors attempting to use the public USB to introduce monitoring software and malware into devices. The U.S. Federal Communications Commission (FCC) has also administered a new advisory regarding “juice jacking "and its possibility of launching a hushed cyber attack against a mobile gadget while one is charging the phone with a USB cord. Similarly, according to new research from International Business Machines (IBM) Security, many nation-state hackers are currently training their eyes on travelers.
RBI Advisory
Recently in 2024, The Reserve Bank of India (RBI) has likewise administered a warning statement to mobile phone users urging them against charging their devices using public ports. RBI has additionally accentuated the importance of safeguarding private and financial data while using mobile devices. Juice jacking is further cited as one of the scams in the RBI booklet on the modus operandi of financial fraudsters in the financial space.
Preventing juice jacking attacks
The routes to avoid Juice Jacking are to keep a tab on the USB devices, not use the public charging ports, update the phone software regularly, enable and utilize the software security measures of the device, use a USB pass-through device, a wall outlet, or a backup battery; never use unknown charging cables and use only the trusted security apps. It is further important to avoid using cables that are left behind by other travelers in any public space. Users can correspondingly turn off their devices before connecting to a wary charging port. Nevertheless, the absence of documented cases does not necessarily imply that users cannot be a target of such an attack and a warning is still recommended when securing personal gadgets with susceptible user data while using standard cables. Also, using a virtual private network (VPN) and assuring that devices have the updated security updates established can aid in mitigating the danger of cyber attacks. It is equally important to utilize the security features of your device, such as passcodes, fingerprints, or facial recognition, enabled to count as a supplementary layer of safeguard.
Conclusion
In the contemporary digital age, individuals, on the whole, need to be vigilant about “Cybersecurity hygiene” and avoid accessing susceptible data or conducting financial transactions on unsecured networks. Mobile phones or devices should run on the latest operating system, and antivirus software should be revamped to mitigate conceivable security susceptibilities.
References
- https://www.forbes.com/sites/suzannerowankelleher/2023/04/20/juice-jacking-malware-phone-airports-hotels/?sh=47adab7e82ed
- https://www.businessairportinternational.com/features/how-ai-is-improving-business-aviation-operations.html
- https://www.news18.com/business/juice-jacking-attack-scam-bank-frauds-india-8412037.html
- https://www.comparitech.com/blog/information-security/juice-jacking/
- https://blogs.blackberry.com/en/2023/04/juice-jacking-advisory
- https://www.thehindubusinessline.com/info-tech/juice-jacking-rbi-issues-warning-against-charging-mobile-phones-using-public-ports/article67895091.ece
- https://www.thehindu.com/sci-tech/technology/juice-jacking-how-hackers-target-smartphones-tethered-to-public-charging-points/article67026433.ece
- https://www.forbes.com/sites/suzannerowankelleher/2019/05/21/why-you-should-never-use-airport-usb-charging-stations/?sh=630f026a5955
- https://edition.cnn.com/2023/04/12/tech/fbi-public-charging-port-warning/index.html
- https://social-innovation.hitachi/en-in/knowledge-hub/hitachi-voice/digital-transformation/
- https://www.inmarsat.com/en/insights/aviation/2022/future-aviation-connectivity.html
As Generative AI continues to make strides by creating content through user prompts, the increasing sophistication of language models widens the scope of the services they can deliver. However, they have their own limitations. Recently, alerts by Apple Intelligence on the iPhone’s latest version have come under fire for misrepresenting news by news agencies.
The new feature was introduced with the aim of presenting an effective way to group and summarise app notifications in a single alert on a user’s lock screen. This was to enable an easier scan for important details amongst a large number of notifications, doing away with overwhelming updates for the user. This, however, resulted in the misrepresentation of news channels and reporting of fake news such as the arrest of Israeli Prime Minister Benjamin Netanyahu, Luke Litter winning the PDC World Darts Championship even before the competition, tennis Player Rafael Nadal coming out as gay, among other news alerts. Following false alerts, BBC had complained about its journalism being misrepresented. In response, Apple’s proposed solution was to clarify to the user that when the text summary is displayed in the notifications, it is clearly stated to be a product of notification Apple Intelligence and not of the news agency. It also claimed the complexity of having to compress content into short summaries which resulted in fallacious alerts. Further comments revealed that the AI alert feature was in beta and is continuously being worked on depending on the user’s feedback. Owing to the backlash, Apple has suspended this service and announced that an improved version of the feature is set to be released in the near future, however, no dates have been set.
CyberPeace Insights
The rush to release new features often exacerbates the problem, especially when AI-generated alerts are responsible for summarising news reports. This can significantly damage the credibility and trust that brands have worked hard to build. The premature release of features that affect the dissemination, content, and public comprehension of information carries substantial risks, particularly in the current environment where misinformation is widespread. Timely action and software updates, which typically require weeks to implement, are crucial in mitigating these risks. The desire to be ahead in the game and bring out competitive features must not resolve the responsibility of providing services that are secure and reliable. This aforementioned incident highlights the inherent nature of generative AI, which operates by analysing the data it was trained on to deliver the best possible responses based on user prompts. However, these responses are not always accurate or reliable. When faced with prompts beyond its scope, AI systems often produce untrustworthy information, underlining the need for careful oversight and verification. A question to deliberate on is whether we require such services at all, which in practice, do save our time, but do so at the risk of the spread of false tidbits.
References
- https://www.theguardian.com/technology/2025/jan/07/apple-update-ai-inaccurate-news-alerts-bbc-apple-intelligence-iphone
- https://www.firstpost.com/tech/apple-intelligence-hallucinates-falsely-credits-bbc-for-fake-news-broadcaster-lodges-complaint-13845214.html
- https://www.cnbc.com/2025/01/08/apple-ai-fake-news-alerts-highlight-the-techs-misinformation-problem.html
- https://news.sky.com/story/apple-ai-feature-must-be-revoked-over-notifications-misleading-users-say-journalists-13288716
- https://www.hindustantimes.com/world-news/apple-to-pay-95-million-in-user-privacy-violation-lawsuit-on-siri-101735835058198.html
- https://www.hindustantimes.com/business/apple-denies-claims-of-siri-violating-user-privacy-after-95-million-class-action-suit-settlement-101736445941497.html#:~:text=Apple%20denies%20claims%20of%20Siri,action%20suit%20settlement%20%2D%20Hindustan%20Times
- https://www.google.com/search?q=apple+AI+alerts+misinformation&oq=apple+AI+alerts+misinformation+&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRigATIHCAIQIRigATIHCAMQIRigATIHCAQQIRigAdIBCTEyMzUxajBqN6gCALACAA&sourceid=chrome&ie=UTF-8
- https://www.fastcompany.com/91261727/apple-intelligence-news-summaries-mistakes
- https://timesofindia.indiatimes.com/technology/tech-news/siris-secret-listening-costs-apple-95m/articleshow/116906209.cms
- https://www.theguardian.com/technology/2025/jan/17/apple-suspends-ai-generated-news-alert-service-after-bbc-complaint
EXECUTIVE SUMMARY:
A viral video is surfacing claiming to capture an aerial view of Mount Kailash that has breathtaking scenery apparently providing a rare real-life shot of Tibet's sacred mountain. Its authenticity was investigated, and authenticity versus digitally manipulative features were analyzed.
CLAIMS:
The viral video claims to reveal the real aerial shot of Mount Kailash, as if exposing us to the natural beauty of such a hallowed mountain. The video was circulated widely in social media, with users crediting it to be the actual footage of Mount Kailash.
FACTS:
The viral video that was circulated through social media was not real footage of Mount Kailash. The reverse image search revealed that it is an AI-generated video created by Sonam and Namgyal, two Tibet based graphic artists on Midjourney. The advanced digital techniques used helped to provide a realistic lifelike scene in the video.
No media or geographical source has reported or published the video as authentic footage of Mount Kailash. Besides, several visual aspects, including lighting and environmental features, indicate that it is computer-generated.
For further verification, we used Hive Moderation, a deep fake detection tool to conclude whether the video is AI-Generated or Real. It was found to be AI generated.
CONCLUSION:
The viral video claiming to show an aerial view of Mount Kailash is an AI-manipulated creation, not authentic footage of the sacred mountain. This incident highlights the growing influence of AI and CGI in creating realistic but misleading content, emphasizing the need for viewers to verify such visuals through trusted sources before sharing.
- Claim: Digitally Morphed Video of Mt. Kailash, Showcasing Stunning White Clouds
- Claimed On: X (Formerly Known As Twitter), Instagram
- Fact Check: AI-Generated (Checked using Hive Moderation).
