#FactCheck - AI-Generated Video Falsely Shared as Iran’s Attack on Israeli Nuclear Site

Introduction

The Data Security Council of India’s India Cyber Threat Report 2025 calculates that a staggering 702 potential attacks happened per minute on average in the country in 2024.  Recent alleged data breaches on organisations such as Star Health, WazirX, Indian Council of Medical Research (ICMR), BSNL, etc. highlight the vulnerabilities of government organisations, critical industries, businesses, and individuals in managing their digital assets. India is the second most targeted country for cyber attacks globally, which warrants the development and adoption of cybersecurity governance frameworks essential for the structured management of cyber environments. The following global models offer valuable insights and lessons that can help strengthen cybersecurity governance.

Overview of Global Cybersecurity Governance Models 

Cybersecurity governance frameworks provide a structured strategy to mitigate and address cyber threats. Different regions have developed their own governance models for cybersecurity, but they all emphasize risk management, compliance, and cross-sector collaboration for the protection of digital assets. Four such major models are: 

1. NIST CSF 2.0 (U.S.A): The National Institute of Standards and Technology Cyber Security Framework provides a flexible, voluntary, risk-based approach rather than a one-size-fits-all solution to manage cybersecurity risks. It endorses six core functions, which are:  Govern, Identify, Protect, Detect, Respond, and Recover. This is a widely adopted framework used by both public and private sector organizations even outside the U.S.A. 
2. ISO/IEC 27001: This is a globally recognized standard developed jointly by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC). It provides a risk-based approach to help organizations of all sizes and types to identify, assess, and mitigate potential cybersecurity threats to Information Security Management Systems (ISMS) and preserve the confidentiality, integrity, and availability of information.  Organizations can seek ISO 27001 certification to demonstrate compliance with laws and regulations.
3. EU NIS2 Directive: The Network and Information Security Directive 2 (NIS2) is an updated EU cybersecurity law that imposes strict obligations on critical services providers in four overarching areas: risk management, corporate accountability, reporting obligations, and business continuity. It is the most comprehensive cybersecurity directive in the EU to date, and non-compliance may attract non-monetary remedies, administrative fines up to at least €10 million or 2% of the global annual revenue (whichever is higher), or even criminal sanctions for top managers. 
4. GDPR: The General Data Protection Regulation (GDPR)of the EU is a comprehensive data privacy law that also has major cybersecurity implications. It mandates that organizations must integrate cybersecurity into their data protection policies and report breaches within 72 hours, and it prescribes a fine of up to €20 million or 4% of global turnover for non-compliance. 

India’s Cybersecurity Governance Landscape 

In light of the growing nature of cyber threats, it is notable that the Indian government has taken comprehensive measures along with efforts by relevant agencies such as the Ministry of Electronics and Information Technology, Reserve Bank of India (RBI), National Payments Corporation (NPCI) and Indian Cyber Crime Coordination Centre (I4C), CERT-In. However, there is still a lack of an overarching cybersecurity governance framework or comprehensive law in this area. Multiple regulatory bodies in India oversee cybersecurity for various sectors. Key mechanisms are: 

1. CERT-In Guidelines: The Indian Computer Emergency Response Team, under the Ministry of Electronics and Information Technology (MeitY), is the nodal agency responsible for cybersecurity incident response, threat intelligence sharing, and capacity building. Organizations are mandated to maintain logs for 180 days and report cyber incidents to CERT-In within six hours of noticing them according to directions under the Information Technology Act, 2000 (IT Act).
2. IT Act & DPDP Act: These Acts, along with their associated rules, lay down the legal framework for the protection of ICT systems in India.  While some sections mandate that “reasonable” cybersecurity standards be followed, specifics are left to the discretion of the organisations. Enforcement frameworks are vague, which leaves sectoral regulators to fill the gaps. 
3. Sectoral regulations: The Reserve Bank of India (RBI), the Insurance Regulatory and Development Authority of India (IRDAI), the Department of Telecommunications, the Securities Exchange Board of India (SEBI), National Critical Information Infrastructure Protection Centre (NCIIPC) and other regulatory bodies require that cybersecurity standards be maintained by their regulated entities. 

Lessons for India & Way Forward 

As the world faces unprecedented security and privacy threats to its digital ecosystem, the need for more comprehensive cybersecurity policies, awareness, and capacity building has perhaps never been greater. While cybersecurity practices may vary with the size, nature, and complexity of an organization (hence “reasonableness” informing measures taken), there is a need for a centralized governance framework in India similar to NIST2 to unify sectoral requirements for simplified compliance and improve enforcement. India ranks 10th on the World Cybercrime Index and was found to be "specialising" in scams and mid-tech crimes- those which affect mid-range businesses and individuals the most. To protect them, India needs to strengthen its enforcement mechanisms across more than just the critical sectors. This can be explored by penalizing bigger organizations handling user data susceptible to breaches more stringently, creating an enabling environment for strong cybersecurity practices through incentives for MSMEs, and investing in cybersecurity workforce training and capacity building. Finally,  there is a scope for increased public-private collaboration for real-time cyber intelligence sharing.  Thus, a unified, risk-based national cybersecurity governance framework encompassing the current multi-pronged cybersecurity landscape would give direction to siloed efforts. It would help standardize best practices, streamline compliance, and strengthen overall cybersecurity resilience across all sectors in India.
‍

References

• https://cdn.prod.website-files.com/635e632477408d12d1811a64/676e56ee4cc30a320aecf231_Cloudsek%20Annual%20Threat%20Landscape%20Report%202024%20(1).pdf 
• https://strobes.co/blog/top-data-breaches-in-2024-month-wise/#:~:text=In%20a%20large%2Dscale%20data,emails%2C%20and%20even%20identity%20theft. 
• https://www.google.com/search?q=nist+2.0&oq=nist+&gs_lcrp=EgZjaHJvbWUqBggBEEUYOzIHCAAQABiPAjIGCAEQRRg7MgYIAhBFGDsyCggDEAAYsQMYgAQyBwgEEAAYgAQyBwgFEAAYgAQyBwgGEAAYgAQyBggHEEUYPNIBCDE2MTJqMGo3qAIAsAIA&sourceid=chrome&ie=UTF-8 
• https://www.iso.org/standard/27001
• https://nis2directive.eu/nis2-requirements/ 
• https://economictimes.indiatimes.com/tech/technology/india-ranks-number-10-in-cybercrime-study-finds/articleshow/109223208.cms?from=mdr 

‍

Introduction

The use of digital information and communication technologies for healthcare access has been on the rise in recent times. Mental health care is increasingly being provided through online platforms by remote practitioners, and even by AI-powered chatbots, which use natural language processing (NLP) and machine learning (ML) processes to simulate conversations between the platform and a user. Thus, AI chatbots can provide mental health support from the comfort of the home, at any time of the day, via a mobile phone.  While this has great potential to enhance the mental health care ecosystem, such chatbots can present technical and ethical challenges as well.

Background

According to the WHO’s World Mental Health Report of 2022, every 1 in 8 people globally is estimated to be suffering from some form of mental health disorder. The need for mental health services worldwide is high but the supply of a care ecosystem is inadequate both in terms of availability and quality. In India, it is estimated that there are only 0.75 psychiatrists per 100,000 patients and only 30% of the mental health patients get help. Considering the slow thawing of social stigma regarding mental health, especially among younger demographics and support services being confined to urban Indian centres, the demand for a telehealth market is only projected to grow. This paves the way for, among other tools, AI-powered chatbots to fill the gap in providing quick, relatively inexpensive, and easy access to mental health counseling services.

Challenges

Users who seek mental health support are already vulnerable, and AI-induced oversight can exacerbate distress due to some of the following reasons: 

1. Inaccuracy: Apart from AI’s tendency to hallucinate data, chatbots may simply provide incorrect or harmful advice since they may be trained on data that is not representative of the specific physiological and psychological propensities of various demographics. 
2. Non-Contextual Learning: The efficacy of mental health counseling often relies on rapport-building between the service provider and client, relying on circumstantial and contextual factors. Machine learning models may struggle with understanding interpersonal or social cues, making their responses over-generalised. 
3. Reinforcement of Unhelpful Behaviors: In some cases, AI chatbots, if poorly designed, have the potential to reinforce unhealthy thought patterns. This is especially true for complex conditions such as OCD, treatment for which requires highly specific therapeutic interventions. 
4. False Reassurance: Relying solely on chatbots for counseling may create a partial sense of safety, thereby discouraging users from approaching professional mental health support services. This could reinforce unhelpful behaviours and exacerbate the condition. 
5. Sensitive Data Vulnerabilities: Health data is sensitive personal information. Chatbot service providers will need to clarify how health data is stored, processed, shared, and used. Without strong data protection and transparency standards, users are exposed to further risks to their well-being. 

Way Forward

1. Addressing Therapeutic Misconception: A lack of understanding of the purpose and capabilities of such chatbots, in terms of care expectations and treatments they can offer, can jeopardize user health. Platforms providing such services should be mandated to lay disclaimers about the limitations of the therapeutic relationship between the platform and its users in a manner that is easy to understand. 
2. Improved Algorithm Design: Training data for these models must undertake regular updates and audits to enhance their accuracy, incorporate contextual socio-cultural factors for profile analysis, and use feedback loops from customers and mental health professionals. 
3. Human Oversight: Models of therapy where AI chatbots are used to supplement treatment instead of replacing human intervention can be explored. Such platforms must also provide escalation mechanisms in cases where human-intervention is sought or required. 

Conclusion

It is important to recognize that so far, there is no substitute for professional mental health services. Chatbots can help users gain awareness of their mental health condition and play an educational role in this regard, nudging them in the right direction, and provide assistance to both the practitioner and the client/patient. However, relying on this option to fill gaps in mental health services is not enough. Addressing this growing —and arguably already critical— global health crisis requires dedicated public funding to ensure comprehensive mental health support for all. 

Sources 

• https://www.who.int/news/item/17-06-2022-who-highlights-urgent-need-to-transform-mental-health-and-mental-health-care 
• https://health.economictimes.indiatimes.com/news/industry/mental-healthcare-in-india-building-a-strong-ecosystem-for-a-sound-mind/105395767#:~:text=Indian%20mental%20health%20market%20is,access%20to%20better%20quality%20services. 
• https://www.frontiersin.org/journals/digital-health/articles/10.3389/fdgth.2023.1278186/full 

‍

Introduction

On 20th March 2024, the Indian government notified the Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting as the Fact Check Unit (FCU) of the Central Government. This PIB FCU is notified under the provisions of Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).

However, the next day, on 21st March 2024, the Supreme Court stayed the Centre's decision. The IT Amendment Rules of 2023 provide that the Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body to identify and tag what it considers fake news with respect to any activity of the Centre. The stay will be in effect till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.

The official notification dated 20th March 2024 read as follows:

“In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government.”

Impact of the notification

The impact of notifying PIB’s FCU under Rule 3(1)(b)(v)will empower the PIB’s FCU to issue direct takedown directions to the concerned Intermediary. Any information posted on social media in relation to the business of the central government that has been flagged as fake or false by the FCU has to be taken down by the concerned intermediary. If it fails to do so, it will lose the 'safe harbour' immunity against legal proceedings arising out of such information posted offered under Section 79 of IT Act, 2000.

Safe harbour provision u/s 79 of IT Act, 2000

Section 79 of the IT Act, 2000 serves as a safe harbour provision for intermediaries. The provision states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used unlawfully. Furthermore, intermediaries are obliged to observe due diligence on their platforms.

Rule 3 (1)(b)(v) Under IT Amendment Rules 2023

Rule 3(1)(b)(v) of The Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [updated as on 6.4.2023] provides that all intermediaries [Including a social media intermediary, a significant social media intermediary and an online gaming intermediary], are required to make "reasonable efforts” or perform due diligence to ensure that their users do not "host, display, upload, modify, publish, transmit, store, update or share” any information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify”.

PIB - FCU

The PIB - Fact Check Unit(FCU) was established in November 2019 to prevent the spread of fake news and misinformation about the Indian government. It also provides an accessible platform for people to report suspicious or questionable information related to the Indian government. This FCU is responsible for countering misinformation on government policies, initiatives, and schemes. The FCU is tasked with addressing misinformation about government policies, initiatives, and schemes, either directly (Suo moto) or through complaints received. On 20th March 2024,via a gazetted notification, the Centre notified the Press Information Bureau's fact-check unit (FCU) as the nodal agency to flag fake news or misinformation related to the central government. However, The Supreme Court stayed the Centre's notification of the Fact-Check Unit under IT Amendment Rules 2023.

Concerns with IT Amendment Rules 2023

The Ministry of Electronics and Information Technology(MeitY) amended the IT Rules of 2021. The ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023’ (IT Amendment Rules 2023) were notified by the Ministry of Electronics and Information Technology on 6 April 2023. The rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government” and also made other provisions pertaining to online gaming.

The Constitutional validity of  IT Amendment Rules 2023 has been challenged through a writ petition challenging the IT Rules 2023 in the Bombay High Court. The contention is that the rules raise "serious constitutional questions," and Rule 3(1)(b)(v), as amended in 2023, impacts the fundamental right to freedom of speech and expression would fall for analysis by the High Court.

Supreme Court Stays Setting up of FCU

A bench comprising Chief Justice DY Chandra Hud, Justices JB Pardiwala and Manoj Misra convened to hear Special Leave Petitions filed by Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023. The Supreme Court has stayed the Union's notification of the Fact-Check Unit under the IT Amendment Rules 2023, pending the Bombay High Court's decision on the challenges to the IT Rules Amendment 2023.

Emphasizing Freedom of Speech in the Democratic Environment

The advent of advanced technology has also brought with it a new generation of threats and concerns: the misuse of said technology in the form of deepfakes and misinformation is one of the most pressing concerns plaguing society today. This realization has informed the critical need for stringent regulatory measures. The government is rightly prioritizing the need to immediately address digital threats, but there must be a balance between our digital security policies and the need to respect free speech and critical thinking. The culture of open dialogue is the bedrock of democracy. The ultimate truth is shaped through free trade in ideas within a competitive marketplace of ideas. The constitutional scheme of democracy places great importance on the fundamental value of liberty of thought and expression, which has also been emphasized by the Supreme Court in its various judgements.

The IT Rules, 2023,provide for creating a "fact check unit" to identify fake or false or misleading information “in relation to any business of the central government "This move raised concerns within the media fraternity, who argued that the determination of fake news cannot be placed solely in the hands of the government. It is also worth noting that if users post something illegal, they can still be punished under laws that already exist in the country.

We must take into account that freedom of speech under Article 19 of the Constitution is not an absolute right. Article 19(2) imposes restrictions on the Right to Freedom of Speech and expression. Hence, there has to be a balance between regulatory measures and citizens' fundamental rights.

Nowadays, the term ‘fake news’ is used very loosely. Additionally, there is a dearth of clearly established legal parameters that define what amounts to fake or misleading information. Clear definitions of the terms should be established to facilitate certainty as to what content is ‘fake news’ and what content is not. Any such restriction on speech must align with the exceptions outlined in Article19(2) of the Constitution.

Conclusion

Through a government notification, PIB - FCU was intended to act as a government-run fact-checking body to verify any information about the Central Government. However, the apex court of India stayed the Centre's notification. Now, the matter is sub judice, and we hope for the judicial analysis of the validity of IT Amendment Rules 2023.

Notably, the government is implementing measures to combat misinformation in the digital world, but it is imperative that we strive for a balance between regulatory checks and individual rights. As misinformation spreads across all sectors, a centralised approach is needed in order to tackle it effectively. Regulatory reforms must take into account the crucial roleplayed by social media in today’s business market: a huge amount of trade and commerce takes place online or is informed by digital content, which means that the government must introduce policies and mechanisms that continue to support economic activity. Collaborative efforts between the government and its agencies, technological companies, and advocacy groups are needed to deal with the issue better at a higher level.

References

• https://egazette.gov.in/(S(xzwt4b4haaqja32xqdiksbju))/ViewPDF.aspx
• https://pib.gov.in/PressReleasePage.aspx?PRID=2015792
• https://economictimes.indiatimes.com/tech/technology/govt-notifies-fact-checking-unit-under-pib-to-check-fake-news-misinformation-related-to-centre/articleshow/108653787.cms?from=mdr
• https://www.epw.in/journal/2023/43/commentary/it-amendment-rules-2023.html#:~:text=The%20Information%20Technology%20Amendment%20Rules,to%20be%20false%20or%20misleading
• ‍https://www.livelaw.in/amp/top-stories/supreme-court-kunal-kamra-editors-guild-notifying-fact-check-unit-it-rules-2023-252998
• ‍https://www.aljazeera.com/news/2024/3/21/india-top-court-stays-government-move-to-form-fact-check-unit-under-it-laws
• ‍https://www.meity.gov.in/writereaddata/files/Information%20Technology 28Intermediary%20Guidelines%20and%20Digital% 20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf
• 2024 SCC On Line Bom 360

‍