#FactCheck - AI Generated Photo Circulating Online Misleads About BARC Building Redesign

AI-generated content has been taking up space in the ever-changing dynamics of today's tech landscape. Generative AI has emerged as a powerful tool that has enabled the creation of hyper-realistic audio, video, and images. While advantageous, this ability has some downsides, too, particularly in content authenticity and manipulation. 

The impact of this content is varied in the areas of ethical, psychological and social harms seen in the past couple of years. A major concern is the creation of non-consensual explicit content, including nudes. This content includes content where an individual’s face gets superimposed onto explicit images or videos without their consent. This is not just a violation of privacy for individuals, and can have humongous consequences for their professional and personal lives. This blog examines the existing laws and whether they are equipped to deal with the challenges that this content poses. 

Understanding the Deepfake Technology

Deepfake technology is a media file (image, video, or speech) that typically represents a human subject that is altered deceptively using deep neural networks (DNNs). It is used to alter a person’s identity, and it usually takes the form of a “face swap” where the identity of a source subject is transferred onto a destination subject. The destination’s facial expressions and head movements remain the same, but the appearance in the video is that of the source. In the case of videos, the identities can be substituted by way of replacement or reenactment.

This superimposed content creates realistic content, such as fake nudes. Presently, creating a deepfake is not a costly endeavour. It requires a Graphics Processing Unit (GPU), software that is free, open-source, and easy to download, and graphics editing and audio-dubbing skills.  Some of the common apps to create deepfakes are DeepFaceLab and FaceSwap, which are both public and open source and are supported by thousands of users who actively participate in the evolution and development of these software and models. 

Legal Gaps and Challenges

Multiple gaps and challenges exist in the legal space for deepfakes and their regulation. They are:

1. The inadequate definitions governing AI-generated explicit content often lead to enforcement challenges.
2. Jurisdictional challenges due to the cross-border nature of crimes and the difficulties caused by international cooperation measures are in the early stages for AI content. 
3. There is a gap between the current consent-based and harassment laws for AI-generated nudes. 
4. Providing evidence or providing proof for the intent and identification of perpetrators in digital crimes is a challenge that is yet to be overcome. 

Policy Responses and Global Trends 

Presently, the global response to deepfakes is developing. The UK has developed the Online Safety Bill, the EU has the AI Act, the US has some federal laws such as the National AI Initiative Act of 2020 and India is currently developing the India AI Act as the specific legislation dealing with AI and its correlating issues. 

The IT Rules, 2021, and the DPDP Act, 2023, regulate digital platforms by mandating content governance, privacy policies, grievance redressal, and compliance with removal orders. Emphasising intermediary liability and safe harbour protections, these laws play a crucial role in tackling harmful content like AI-generated nudes, while the DPDP Act focuses on safeguarding privacy and personal data rights.

Bridging the Gap: CyberPeace Recommendations 

1. Initiate legislative reforms by advocating for clear and precise definitions for the consent frameworks and instituting high penalties for AI-based offences, particularly those which are aimed at sexually explicit material.
2. Advocate for global cooperation and collaborations by setting up international standards and bilateral and multilateral treaties that address the cross-border nature of these offences.
3. Platforms should push for accountability by pushing for stricter platform responsibility for the detection and removal of harmful AI-generated content. Platforms should introduce strong screening mechanisms to counter the huge influx of harmful content.  
4. Public campaigns which spread awareness and educate users about their rights and the resources available to them in case such an act takes place with them. 

Conclusion 

The rapid advancement of AI-generated explicit content demands immediate and decisive action. As this technology evolves, the gaps in existing legal frameworks become increasingly apparent, leaving individuals vulnerable to profound privacy violations and societal harm. Addressing this challenge requires adaptive, forward-thinking legislation that prioritises individual safety while fostering technological progress. Collaborative policymaking is essential and requires uniting governments, tech platforms, and civil society to develop globally harmonised standards. By striking a balance between innovation and societal well-being, we can ensure that the digital age is not only transformative but also secure and respectful of human dignity. Let’s act now to create a safer future!

References

• https://etedge-insights.com/technology/artificial-intelligence/deepfakes-and-the-future-of-digital-security-are-we-ready/
• https://odsc.medium.com/the-rise-of-deepfakes-understanding-the-challenges-and-opportunities-7724efb0d981 ‍
• https://insights.sei.cmu.edu/blog/how-easy-is-it-to-make-and-detect-a-deepfake/

Introduction

The rise of misinformation, disinformation, and synthetic media content on the internet and social media platforms has raised serious concerns, emphasizing the need for responsible use of social media to maintain information accuracy and combat misinformation incidents. With online misinformation rampant all over the world, the World Economic Forum's 2024 Global Risk Report, notably ranks India amongst the highest in terms of risk of mis/disinformation. 

The widespread online misinformation on social media platforms necessitates a joint effort between tech/social media platforms and the government to counter such incidents. The Indian government is actively seeking to collaborate with tech/social media platforms to foster a safe and trustworthy digital environment and to also ensure compliance with intermediary rules and regulations. The Ministry of Information and Broadcasting has used ‘extraordinary powers’ to block certain YouTube channels, X (Twitter) & Facebook accounts, allegedly used to spread harmful misinformation. The government has issued advisories regulating deepfake and misinformation, and social media platforms initiated efforts to implement algorithmic and technical improvements to counter misinformation and secure the information landscape.

Efforts by the Government and Social Media Platforms to Combat Misinformation

1. Advisory regulating AI, deepfake and misinformation

The Ministry of Electronics and Information Technology (MeitY) issued a modified advisory on 15th March 2024, in suppression of the advisory issued on 1st March 2024. The latest advisory specifies that the platforms should inform all users about the consequences of dealing with unlawful information on platforms, including disabling access, removing non-compliant information, suspension or termination of access or usage rights of the user to their user account and imposing punishment under applicable law. The advisory necessitates identifying synthetically created content across various formats, and instructs platforms to employ labels, unique identifiers, or metadata to ensure transparency. 

2. Rules related to content regulation

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Updated as on 6.4.2023) have been enacted under the IT Act, 2000. These rules assign specific obligations on intermediaries as to what kind of information is to be hosted, displayed, uploaded, published, transmitted, stored or shared. The rules also specify provisions to establish a grievance redressal mechanism by platforms and remove unlawful content within stipulated time frames.

3. Counteracting misinformation during Indian elections 2024

To counter misinformation during the Indian elections the government and social media platforms made their best efforts to ensure the electoral integrity was saved from any threat of mis/disinformation. The Election Commission of India (ECI) further launched the 'Myth vs Reality Register' to combat misinformation and to ensure the integrity of the electoral process during the general elections in 2024. The ECI collaborated with Google to empower the citizenry by making it easy to find critical voting information on Google Search and YouTube. In this way, Google has supported the 2024 Indian General Election by providing high-quality information to voters and helping people navigate AI-generated content. Google connected voters to helpful information through product features that show data from trusted institutions across its portfolio. YouTube showcased election information panels, featuring content from authoritative sources.

4. YouTube and X (Twitter) new ‘Notes Feature’

• Notes Feature on YouTube: YouTube is testing an experimental feature that allows users to add notes to provide relevant, timely, and easy-to-understand context for videos. This initiative builds on previous products that display helpful information alongside videos, such as information panels and disclosure requirements when content is altered or synthetic. YouTube clarified that the pilot will be available on mobiles in the U.S. and in the English language, to start with. During this test phase, viewers, participants, and creators are invited to give feedback on the quality of the notes.
• Community Notes feature on X: Community Notes on X aims to enhance the understanding of potentially misleading posts by allowing users to add context to them. Contributors can leave notes on any post, and if enough people rate the note as helpful, it will be publicly displayed. The algorithm is open source and publicly available on GitHub, allowing anyone to audit, analyze, or suggest improvements. However, Community Notes do not represent X's viewpoint and cannot be edited or modified by their teams. A post with a Community Note will not be labelled, removed, or addressed by X unless it violates the X Rules, Terms of Service, or Privacy Policy. Failure to abide by these rules can result in removal from accessing Community Notes and/or other remediations. Users can report notes that do not comply with the rules by selecting the menu on a note and selecting ‘Report’ or using the provided form.

CyberPeace Policy Recommendations

Countering widespread online misinformation on social media platforms requires a multipronged approach that involves joint efforts from different stakeholders. Platforms should invest in state-of-the-art algorithms and technology to detect and flag suspected misleading information. They should also establish trustworthy fact-checking protocols and collaborate with expert fact-checking groups. Campaigns, seminars, and other educational materials must be encouraged by the government to increase public awareness and digital literacy about the mis/disinformation risks and impacts. Netizens should be empowered with the necessary skills and ability to discern fact and misleading information to successfully browse true information in the digital information age. The joint efforts by Government authorities, tech companies, and expert cyber security organisations are vital in promoting a secure and honest online information landscape and countering the spread of mis/disinformation. Platforms must encourage netizens/users to foster appropriate online conduct while using platforms and abiding by the terms & conditions and community guidelines of the platforms. Encouraging a culture of truth and integrity on the internet, honouring differing points of view, and confirming facts all help to create a more reliable and information-resilient environment. 

References:

1. https://www.meity.gov.in/writereaddata/files/Advisory%2015March%202024.pdf
2. https://blog.google/intl/en-in/company-news/outreach-initiatives/supporting-the-2024-indian-general-election/
3. https://blog.youtube/news-and-events/new-ways-to-offer-viewers-more-context/
4. https://help.x.com/en/using-x/community-notes

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Executive Summary:

Recently, there has been a massive amount of fake news about India’s standing in the United Security Council (UNSC), including a veto. This report, compiled scrupulously by the CyberPeace Research Wing, delves into the provenance and credibility of the information, and it is debunked. No information from the UN or any relevant bodies has been released with regard to India’s permanent UNSC membership although India has swiftly made remarkable progress to achieve this strategic goal.

Claims:

Viral posts claim that India has become the first-ever unanimously voted permanent and veto-holding member of the United Nations Security Council (UNSC). Those posts also claim that this was achieved through overwhelming international support, granting India the same standing as the current permanent members.

Factcheck:

The CyberPeace Research Team did a thorough keyword search  on the official UNSC official website and its associated social media profiles; there are presently no official announcements declaring India's entry into permanent status in the UNSC. India remains a non-permanent member, with the five permanent actors- China, France, Russia, United Kingdom, and USA- still holding veto power. Furthermore, India, along with Brazil, Germany, and Japan (the G4 nations), proposes reform of the UNSC; yet no formal resolutions have come to the surface to alter the status quo of permanent membership.  We then used tools such as Google Fact Check Explorer to uncover the truth behind these viral claims. We found several debunked articles posted by other fact-checking organizations. 

The viral claims also lack credible sources or authenticated references from international institutions, further discrediting the claims. Hence, the claims made by several users on social media about India becoming the first-ever unanimously voted permanent and veto-holding member of the UNSC are misleading and fake.

Conclusion:

The viral claim that India has become a permanent member of the UNSC with veto power is entirely false. India, along with the non-permanent members, protests the need for a restructuring of the UN Security Council. However, there have been no official or formal declarations or commitments for alterations in the composition of the permanent members and their powers to date. Social media users are advised to rely on verified sources for information and refrain from spreading unsubstantiated claims that contribute to misinformation.

• Claim: India’s Permanent Membership in UNSC. 
• Claimed On: YouTube, LinkedIn, Facebook, X (Formerly Known As Twitter)
• Fact Check: Fake & Misleading.

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