#FactCheck - Bangladesh video falsely shared as BSF arresting an infiltrator at Bengal border

Introduction

On March 12, the Ministry of Corporate Affairs (MCA) proposed the Bill to curb anti-competitive practices of tech giants through ex-ante regulation. The Draft Digital Competition Bill is to apply to ‘Core Digital Services,’ with the Central Government having the authority to update the list periodically. The proposed list in the Bill encompasses online search engines, online social networking services, video-sharing platforms, interpersonal communications services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. 

The primary highlight of the Digital Competition Law Report created by the Committee on Digital Competition Law presented to the Parliament in the 2nd week of March 2024 involves a recommendation to introduce new legislation called the ‘Digital Competition Act,’ intended to strike a balance between certainty and flexibility. The report identified ten anti-competitive practices relevant to digital enterprises in India. These are anti-steering, platform neutrality/self-preferencing, bundling and tying, data usage (use of non-public data), pricing/ deep discounting, exclusive tie-ups, search and ranking preferencing, restricting third-party applications and finally advertising Policies.

Key Take-Aways: Digital Competition Bill, 2024

1. Qualitative and quantitative criteria for identifying Systematically Significant Digital Enterprises, if it meets any of the specified thresholds. 

• Financial thresholds in each of the immediately preceding three financial years like turnover in India, global turnover, gross merchandise value in India, or global market capitalization.
• User thresholds in each of the immediately preceding 3 financial years in India like the core digital service provided by the enterprise has at least 1 crore end users, or it has at least 10,000 business users.
• The Commission may make the designation based on other factors such as the size and resources of an enterprise, number of business or end users, market structure and size, scale and scope of activities of an enterprise and any other relevant factor.

2. A period of 90 days is provided to notify the CCI of qualification as an SSDE. Additionally, the enterprise must also notify the Commission of other enterprises within the group that are directly or indirectly involved in the provision of Core Digital Services, as Associate Digital Enterprises (ADE) and the qualification shall be for 3 years.
3. It prescribes obligations for SSDEs and their ADEs upon designation. The enterprise must comply with certain obligations regarding Core Digital Services, and non-compliance with the same shall result in penalties. Enterprises must not directly or indirectly prevent or restrict business users or end users from raising any issue of non-compliance with the enterprise’s obligations under the Act. 
4. Avoidance of favouritism in product offerings by SSDE,  its related parties, or third parties for the manufacture and sale of products or provision of services over those offered by third-party business users on the Core Digital Service in any manner.
5. The Commission will be having the same powers as vested to a civil court under the Code of Civil Procedure, 1908 when trying a suit.
6. Penalty for non-compliance without reasonable cause may extend to Rs 1 lakh for each day during which such non-compliance occurs (max. of Rs 10 crore). It may extend to 3 years or with a fine, which may extend to Rs 25 crore or with both. The Commission may also pass an order imposing a penalty on an enterprise (not exceeding 1% of the global turnover) in case it provides incorrect, incomplete, misleading information or fails to provide information. 

Suggestions and Recommendations

• The ex-ante model of regulation needs to be examined for the Indian scenario and studies need to be conducted on it has worked previously in different jurisdictions like the EU. 
• The Bill should be aimed at prioritising the fostering of fair competition by preventing monopolistic practices in digital markets exclusively. A clear distinction from the already existing Competition Act, 2002 in its functioning needs to be created so that there is no overlap in the regulations and double jeopardy is not created for enterprises.
• Restrictions on tying and bundling and data usage have been shown to negatively impact MSMEs that rely significantly on big tech to reduce operational costs and enhance customer outreach.
• Clear definitions of "dominant position" and "anti-competitive behaviour" are essential for effective enforcement in terms of digital competition need to be defined. 
• Encouraging innovation while safeguarding consumer data privacy in consonance with the DPDP Act should be the aim. Promoting interoperability and transparency in algorithms can prevent discriminatory practices. 
• Regular reviews and stakeholder consultations will ensure the law adapts to rapidly evolving technologies. 
• Collaboration with global antitrust bodies which is aimed at enhancing cross-border regulatory coherence and effectiveness.

Conclusion

The need for a competition law that is focused exclusively on Digital Enterprises is the need of the hour and hence the Committee recommended enacting the Digital Competition Act to enable CCI to selectively regulate large digital enterprises. The proposed legislation should be restricted to regulate only those enterprises that have a significant presence and ability to influence the Indian digital market. The impact of the law needs to be restrictive to digital enterprises and it should not encroach upon matters not influenced by the digital arena. India's proposed Digital Competition Bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses prevalent in the digital business space. The Ministry of Corporate Affairs has received 41-page public feedback on the draft which is expected to be tabled next year in front of the Parliament. 

References

1. https://www.medianama.com/wp-content/uploads/2024/03/DRAFT-DIGITAL-COMPETITION-BILL-2024.pdf
2. https://prsindia.org/files/policy/policy_committee_reports/Report_Summary-Digital_Competition_Law.pdf
3. https://economictimes.indiatimes.com/tech/startups/meity-meets-india-inc-to-hear-out-digital-competition-law-concerns/articleshow/111091837.cms?from=mdr
4. https://www.mca.gov.in/bin/dms/getdocument?mds=gzGtvSkE3zIVhAuBe2pbow%253D%253D&type=open
5. https://www.barandbench.com/law-firms/view-point/digital-competition-laws-beginning-of-a-new-era
6. https://www.linkedin.com/pulse/policy-explainer-digital-competition-bill-nimisha-srivastava-lhltc/
7. https://www.lexology.com/library/detail.aspx?g=5722a078-1839-4ece-aec9-49336ff53b6c

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AI systems have grown in both popularity and complexity on which they operate. They are enhancing accessibility for all, including people with disabilities, by revolutionising sectors including healthcare, education, and public services.  We are at the stage where AI-powered solutions that can help people with mental, physical, visual or hearing impairments perform everyday and complex tasks are being created. 

Generative AI is now being used to amplify human capability. The development of tools for speech-to-text and image recognition is helping in facilitating communication and interaction for visually or hearing-impaired individuals, and smart prosthetics are providing tailored support. Unfortunately, even with these developments, PWDs have continued to face challenges. Therefore, it is important to balance innovation with ethical considerations aand ensuring that these technologies are designed with qualities like privacy, equity, and inclusivity in mind. 

Access to Tech: the Barriers Faced by PWDs 

PWDs face several barriers while accessing technology. Identifying these challenges is important as they lack computer accessibility, in the use of hardware and software, which has become a norm in life nowadays. Website functions that only work when users click with a mouse, self-service kiosks without accessibility features, touch screens without screen reader software or tactile keyboards, and out-of-order equipment, such as lifts, captioning mirrors and description headsets, are just some difficulties that they face in their day-to-day life.

While they are helpful, much of the current technology doesn’t fully address all disabilities. For example, many assistive devices focus on visual or mobility impairments, but they fall short of addressing cognitive or sensory conditions. In addition to this, these solutions often lack personalisation, making them less effective for individuals with diverse needs. AI has significant potential to bridge this gap. With adaptive systems like voice assistants, real-time translation, and personalised features, AI can create more inclusive solutions, improving access to both digital and physical spaces for everyone.

The Importance of Inclusive AI Design

Creating an Inclusive AI design is important. It ensures that PWDs are not excluded from technological advancements because of the impairments that they are suffering from. The concept of an ‘inclusive or universal’ design promotes creating products and services that are usable for the widest possible range of people.  Tech Developers have an ethical responsibility to create advancements in AI that serve everyone. Accessibility features should be built into the core design. They should be treated as a practice rather than an afterthought. However, bias in AI development often stems from data of a non-representative nature, or assumptions can lead to systems that overlook or poorly serve PWDs. If AI algorithms are trained on limited or biased data, they risk excluding marginalised groups, making ethical, inclusive design a necessity for equity and accessibility.

Regulatory Efforts to Ensure Accessible AI

In India, the Rights of Persons with Disabilities Act of 2016 impresses upon the need to provide PWDs with equal accessibility to technology. Subsequently, the DPDP Act of 2023 highlights data privacy concerns for the disabled under section 9 to process their data. 

On the international level, the newly incorporated EU’s AI Act mandates measures for transparent, safe, and fair access to AI systems along with including measures that are related to accessibility. 

In the US, the Americans with Disabilities Act of 1990 and Section 508 of the 1998 amendment to the Rehabilitation Act of 1973 are the primary legislations that work on promoting digital accessibility in public services.

Challenges in implementing Regulations for AI Accessibility for PWDs

Defining the term ‘inclusive AI’ is a challenge. When working on implementing regulations and compliance for the accessibility of AI, if the primary work is left undefined, it makes the task of creating tools to address the issue an issue. The rapid pace of tech and AI development has more often outpaced legal frameworks in development. This leads to the creation of enforcement gaps. Countries like Canada and tech industry giants like Microsoft and Google are leading forces behind creating accessible AI innovations. Their regulatory frameworks focus on developing AI ethics with inclusivity and collaboration with disability rights groups. 

India’s efforts in creating an inclusive AI include the redesign of the Sugamya Bharat app. The app had been created to assist PWDs and the elderly.  It will now be incorporating AI features specifically to assist the intended users. 

Though AI development has opportunities for inclusivity, unregulated development can be risky.  Regulation plays a critical role in ensuring that AI-driven solutions prioritise inclusivity, fairness, and accessibility, harnessing AI’s potential to empower PWDs and contribute to a more inclusive society.

Conclusion

AI development can offer PWDs unprecedented independence and accessibility in leading their lives. The development of AI while keeping inclusivity and fairness in mind is needed to be prioritised. AI that is free from bias, combined with robust regulatory frameworks, together are essential in ensuring that AI serves equitably. Collaborations between tech developers, policymakers, and disability advocates need to be supported and promoted to build AI systems. This will in turn work towards bridging the accessibility gaps for PWDs. As AI continues to evolve, maintaining a steadfast commitment to inclusivity will be crucial in preventing marginalisation and advancing true technological progress for all.

References

• https://www.business-standard.com/india-news/over-1-4k-accessibility-related-complaints-filed-on-govt-app-75-solved-124090800118_1.html 
• https://www.forbes.com/councils/forbesbusinesscouncil/2023/06/16/empowering-individuals-with-disabilities-through-ai-technology/ .
• https://hbr.org/2023/08/designing-generative-ai-to-work-for-people-with-disabilities ‍
• Thehttps://blogs.microsoft.com/on-the-issues/2018/05/07/using-ai-to-empower-people-with-disabilities/andensur,personalization

Executive Summary:

A viral claim circulated in social media that Anant Ambani and Radhika Merchant wore clothes made of pure gold during their pre-wedding cruise party in Europe.  Thorough analysis revealed abnormalities in image quality, particularly between the face, neck, and hands compared to the claimed gold clothing, leads to possible AI manipulation. A keyword search found no credible news reports or authentic images supporting this claim. Further analysis using AI detection tools, TrueMedia and Hive Moderator, confirmed substantial evidence of AI fabrication, with a high probability of the image being AI-generated or a deep fake. Additionally, a photo from a previous event at Jio World Plaza matched with the pose of the manipulated image, further denying the claim and indicating that the image of Anant Ambani and Radhika Merchant wearing golden outfit during their pre-wedding cruise was digitally altered.

Claims:

Anant Ambani and Radhika Merchant wore clothes made of pure gold during their pre-wedding cruise party in Europe.

Fact Check:

When we received the posts, we found anomalies that were usually found in edited images or AI manipulated images, particularly between the face, neck, and hands.

It’s very unusual in any image. So we then checked in AI Image detection software named Hive Moderation detection tool and found it to be 95.9% AI manipulated.

We also checked with another widely used AI detection tool named True Media. True Media also found it to be 100% to be made using AI.

This implies that the image is AI-generated. To find the original image that has been edited, we did keyword search. We found an image with the same pose as in the manipulated image, with the title "Radhika Merchant, Anant Ambani pose with Mukesh Ambani at Jio World Plaza opening”.  The two images can be compared to verify that the digitally altered image is the same.

Hence, it’s confirmed that the viral image is digitally altered and has no connection with the 2nd Pre-wedding cruise party in Europe.  Thus the viral image is fake and misleading.

Conclusion:

The claim that Anant Ambani and Radhika Merchant wore clothes made of pure gold at their pre-wedding cruise party in Europe is false. The analysis of the image showed signs of manipulation, and a lack of credible news reports or authentic photos supports that it was likely digitally altered. AI detection tools confirmed a high probability that the image was fake, and a comparison with a genuine photo from another event revealed that the image had been edited. Therefore, the claim is false and misleading.

• Claim:  Anant Ambani and Radhika Merchant wore clothes made of pure gold during their pre-wedding cruise party in Europe.
• Claimed on: YouTube, LinkedIn, Instagram
• Fact Check: Fake & Misleading