#FactCheck - Debunking Manipulated Photos of Smiling Secret Service Agents During Trump Assassination Attempt

Introduction

In September 2024, the Australian government announced the  Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 ( CLA Bill 2024 hereon), to provide new powers to the Australian Communications and Media Authority (ACMA), the statutory regulatory body for Australia's communications and media infrastructure, to combat online misinformation and disinformation. It proposed allowing the ACMA to hold digital platforms accountable for the “seriously harmful mis- and disinformation” being spread on their platforms and their response to it, while also balancing freedom of expression. However, the Bill was subsequently withdrawn, primarily over concerns regarding the possibility of censorship by the government. This development is reflective of the global contention on the balance between misinformation regulation and freedom of speech. 

Background and Key Features of the Bill

According to the BBC’s Global Minds Survey of 2023, nearly 73% of Australians struggled to identify fake news and AI-generated misinformation. There has been a substantial rise in misinformation on platforms like Facebook, Twitter, and TikTok since the COVID-19 pandemic, especially during major events like the bushfires of 2020 and the 2022 federal elections. The government’s campaign against misinformation was launched against this background, with the launch of The Australian Code of Practice on Disinformation and Misinformation in 2021. The main provisions of the CLA Bill, 2024 were: 

1. Core Transparency Obligations of Digital Media Platforms: Publishing current media literacy plans,  risk assessment reports, and policies or information on their approach to addressing mis- and disinformation. The ACMA would also be allowed to make additional rules regarding complaints and dispute-handling processes.
2. Information Gathering and Record-Keeping Powers: The ACMA would form rules allowing it to gather consistent information across platforms and publish it. However, it would not have been empowered to gather and publish user information except in limited circumstances.
3. Approving Codes and Making Standards: The ACMA would have powers to approve codes developed by the industry and make standards regarding reporting tools, links to authoritative information, support for fact-checking, and demonetisation of disinformation. This would make compliance mandatory for relevant sections of the industry. 
4. Parliamentary Oversight: The transparency obligations, codes approved and standards set by ACMA under the Bill would be subject to parliamentary scrutiny and disallowance. ACMA would be required to report to the Parliament annually. 
5. Freedom of Speech Protections: End-users would not be required to produce information for ACMA unless they are a person providing services to the platform, such as its employees or fact-checkers. Further,  it would not be allowed to call for removing content from platforms unless it involved inauthentic behavior such as bots. 
6. Penalties for Non-Compliance: ACMA would be required to employ a “graduated, proportionate and risk-based approach” to non-compliance and enforcement in the form of formal warnings, remedial directions, injunctions, or significant civil penalties as decided by the courts, subject to review by the Administrative Review Tribunal (ART). No criminal penalties would be imposed.

Key Concerns

• Inadequacy of Freedom of Speech Protections: The biggest contention on this Bill has been regarding the issue of possible censorship, particularly of alternative opinions that are crucial to the health of a democratic system. To protect the freedom of speech, the Bill defined mis- and disinformation, what constitutes “serious harm” (election interference, harming public health, etc.), and what would be excluded from its scope. However, reservations among the Opposition persisted due to the lack of a clear mechanism to protect divergent opinions from the purview of this Bill. 
• Efficacy of Regulatory Measures: Many argue that by allowing the digital platform industry to make its codes, this law lets it self-police. Big Tech companies have no incentive to curb misinformation effectively since their business models allow them to reap financial benefits from the rampant spread of misinformation. Unless there are financial non- or dis- incentives to curb misinformation, Big Tech is not likely to address the situation at war footing.  Thus, this law would run the risk of being toothless. Secondly, the Bill did not require platforms to report on the “prevalence of” false content which, along with other metrics,  is crucial for researchers and legislators to track the efficacy of the current misinformation-curbing practices employed by platforms.  
• Threat of Government Overreach:  The Bill sought to expand the ACMA’s compliance and enforcement powers concerning misinformation and disinformation on online communication platforms by giving it powers to form rules on information gathering, code registration, standard-making powers, and core transparency obligations. However, even though the ACMA as a regulatory authority is answerable to the Parliament, the Bill was unclear in defining limits to these powers. This raised concerns from civil society about potential government overreach in a domain filled with contextual ambiguities regarding information.

Conclusion

While the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill sought to equip the ACMA with tools to hold digital platforms accountable and mitigate the harm caused by false information, its critique highlights the complexities of regulating such content without infringing on freedom of speech. Legislations and proposals regarding the matter all over the world are having to contend with this challenge. Globally, legislation and proposals addressing this issue face similar challenges, emphasizing the need for a continuous discourse at the intersection of platform accountability, regulatory restraint, and the protection of diverse viewpoints.

To regulate Big Tech effectively, governments can benefit from adopting a consultative, incremental, and cooperative approach, as exemplified by the European Union’s Digital Services Act 2023. Such a framework provides for a balanced response, fostering accountability while safeguarding democratic freedoms.

Resources

• https://www.infrastructure.gov.au/sites/default/files/documents/factsheet-misinformation-disinformation-bill.pdf 
• https://www.infrastructure.gov.au/have-your-say/new-acma-powers-combat-misinformation-and-disinformation 
• https://www.mi-3.com.au/07-02-2024/over-80-australians-feel-they-may-have-fallen-fake-news-says-bbc 
• https://www.hrlc.org.au/news/misinformation-inquiry 
• https://humanrights.gov.au/our-work/legal/submission/combatting-misinformation-and-disinformation-bill-2024 
• https://www.sbs.com.au/news/article/what-is-the-misinformation-bill-and-why-has-it-triggered-worries-about-freedom-of-speech/4n3ijebde 
• https://www.hrw.org/report/2023/06/14/no-internet-means-no-work-no-pay-no-food/internet-shutdowns-deny-access-basic#:~:text=The%20Telegraph%20Act%20allows%20authorities,preventing%20incitement%20to%20the%20commission 
• https://www.hrlc.org.au/submissions/2024/11/8/submission-combatting-misinformation?utm_medium=email&utm_campaign=Media%20Release%20Senate%20Committee%20to%20hear%20evidence%20calling%20for%20Albanese%20Government%20to%20regulate%20and%20hold%20big%20tech%20accountable%20for%20misinformation&utm_content=Media%20Release%20Senate%20Committee%20to%20hear%20evidence%20calling%20for%20Albanese%20Government%20to%20regulate%20and%20hold%20big%20tech%20accountable%20for%20misinformation+Preview+CID_31c6d7200ed9bd2f7f6f596ba2a8b1fb&utm_source=Email%20campaign&utm_term=Read%20the%20Human%20Rights%20Law%20Centres%20submission%20to%20the%20inquiry

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Introduction

Misinformation is a major issue in the AI age, exacerbated by the broad adoption of AI technologies. The misuse of deepfakes, bots, and content-generating algorithms have made it simpler for bad actors to propagate misinformation on a large scale. These technologies are capable of creating manipulative audio/video content, propagate political propaganda, defame individuals, or incite societal unrest. AI-powered bots may flood internet platforms with false information, swaying public opinion in subtle ways. The spread of misinformation endangers democracy, public health, and social order. It has the potential to affect voter sentiments, erode faith in the election process, and even spark violence. Addressing misinformation includes expanding digital literacy, strengthening platform detection capabilities, incorporating regulatory checks, and removing incorrect information.

AI's Role in Misinformation Creation

AI's growth in its capabilities to generate content have grown exponentially in recent years. Legitimate uses or purposes of AI many-a-times take a backseat and result in the exploitation of content that already exists on the internet. One of the main examples of misinformation flooding the internet is when AI-powered bots flood social media platforms with fake news at a scale and speed that makes it impossible for humans to track and figure out whether the same is true or false.

The netizens in India are greatly influenced by viral content on social media. AI-generated misinformation can have particularly negative consequences. Being literate in the traditional sense of the word does not automatically guarantee one the ability to parse through the nuances of social media content authenticity and impact. Literacy, be it social media literacy or internet literacy, is under attack and one of the main contributors to this is the rampant rise of AI-generated misinformation. Some of the most common examples of misinformation that can be found are related to elections, public health, and communal issues. These issues have one common factor that connects them, which is that they evoke strong emotions in people and as such can go viral very quickly and influence social behaviour, to the extent that they may lead to social unrest, political instability and even violence. Such developments lead to public mistrust in the authorities and institutions, which is dangerous in any economy, but even more so in a country like India which is home to a very large population comprising a diverse range of identity groups. 

Misinformation and Gen AI

Generative AI (GAI) is a powerful tool that allows individuals to create massive amounts of realistic-seeming content, including imitating real people's voices and creating photos and videos that are indistinguishable from reality. Advanced deepfake technology blurs the line between authentic and fake. However, when used smartly, GAI is also capable of providing a greater number of content consumers with trustworthy information, counteracting misinformation. 

Generative AI (GAI) is a technology that has entered the realm of autonomous content production and language creation, which is linked to the issue of misinformation. It is often difficult to determine if content originates from humans or machines and if we can trust what we read, see, or hear. This has led to media users becoming more confused about their relationship with media platforms and content and highlighted the need for a change in traditional journalistic principles.

We have seen a number of different examples of GAI in action in recent times, from fully AI-generated fake news websites to fake Joe Biden robocalls telling the Democrats in the U.S. not to vote. The consequences of such content and the impact it could have on life as we know it are almost too vast to even comprehend at present. If our ability to identify reality is quickly fading, how will we make critical decisions or navigate the digital landscape safely? As such, the safe and ethical use and applications of this technology needs to be a top global priority. 

Challenges for Policymakers

AI's ability to generate anonymous content makes it difficult to hold perpetrators accountable due to the massive amount of data generated. The decentralised nature of the internet further complicates regulation efforts, as misinformation can spread across multiple platforms and jurisdictions. Balancing the need to protect the freedom of speech and expression with the need to combat misinformation is a challenge. Over-regulation could stifle legitimate discourse, while under-regulation could allow misinformation to propagate unchecked. India's multilingual population adds more layers to already-complex issue, as AI-generated misinformation is tailored to different languages and cultural contexts, making it harder to detect and counter. Therefore, developing strategies catering to the multilingual population is necessary.

Potential Solutions

To effectively combat AI-generated misinformation in India, an approach that is multi-faceted and multi-dimensional is essential. Some potential solutions are as follows:

• Developing a framework that is specific in its application to address AI-generated content. It should include stricter penalties for the originator and spreader and dissemination of fake content in proportionality to its consequences. The framework should establish clear and concise guidelines for social media platforms to ensure that proactive measures are taken to detect and remove AI-generated misinformation.
• Investing in tools that are driven by AI for customised detection and flagging of misinformation in real time. This can help in identifying deepfakes, manipulated images, and other forms of AI-generated content. 

• The primary aim should be to encourage different collaborations between tech companies, cyber security orgnisations, academic institutions and government agencies to develop solutions for combating misinformation. 
• Digital literacy programs will empower individuals by training them to evaluate online content. Educational programs in schools and communities teach critical thinking and media literacy skills, enabling individuals to better discern between real and fake content.

Conclusion

AI-generated misinformation presents a significant threat to India, and it is safe to say that the risks posed are at scale with the rapid rate at which the nation is developing technologically. As the country moves towards greater digital literacy and unprecedented mobile technology adoption, one must be cognizant of the fact that even a single piece of misinformation can quickly and deeply reach and influence a large portion of the population. Indian policymakers need to rise to the challenge of AI-generated misinformation and counteract it by developing comprehensive strategies that not only focus on regulation and technological innovation but also encourage public education. AI technologies are misused by bad actors to create hyper-realistic fake content including deepfakes and fabricated news stories, which can be extremely hard to distinguish from the truth. The battle against misinformation is complex and ongoing, but by developing and deploying the right policies, tools, digital defense frameworks and other mechanisms, we can navigate these challenges and safeguard the online information landscape.

References:

• https://economictimes.indiatimes.com/news/how-to/how-ai-powered-tools-deepfakes-pose-a-misinformation-challenge-for-internet-users/articleshow/98770592.cms?from=mdr 
• https://www.dw.com/en/india-ai-driven-political-messaging-raises-ethical-dilemma/a-69172400 
• https://pure.rug.nl/ws/portalfiles/portal/975865684/proceedings.pdf#page=62 

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Executive Summary 

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A video featuring popular comedian Rajpal Yadav has recently gone viral on social media, claiming that he is currently lodged in Tihar Jail in connection with a loan default and cheque bounce case. In connection with this, another video showing Bollywood superstar Shah Rukh Khan is being widely shared online. In the viral clip, Khan is purportedly seen saying that he would help Rajpal Yadav get out of jail and also offer him a role in his upcoming film. However, research by the CyberPeace found the viral video to be fake. The clip is a deepfake, in which the audio has been manipulated using artificial intelligence. In the original video, Shah Rukh Khan is speaking about his life and personal experiences. Although several prominent Bollywood personalities have expressed support for Rajpal Yadav, the claims made in the viral video are misleading.

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Claim

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An Instagram user named “ayubeditz” shared the viral video on February 11, 2026, with the caption: “Rajpal Yadav bhai, stay strong, we are all with you — Shah Rukh Khan.” The link to the post and its archived version are provided below.

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• https://www.instagram.com/p/DUnIwGyEfXO
• https://perma.cc/ZD6X-A5LF 

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Fact Check

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To verify the claim, we extracted key frames from the viral video and conducted a Google reverse image search. This led us to the original video uploaded on a YouTube channel titled “Locarno Film Festival” on August 11, 2024. According to the available information, Shah Rukh Khan was sharing insights about his life and career during a conversation with the festival’s Artistic Director, Giona A. Nazzaro. This raised strong suspicion that the viral video had been edited using AI.

• https://www.youtube.com/watch?v=fhjA7_R9MAE

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To further examine the authenticity of the audio, we analysed it using AI detection tools. The audio was first checked using Aurigin.ai, which indicated an 83 percent probability that the voice in the viral clip was AI-generated.

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Conclusion

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The CyberPeace’s research  confirmed that the claim associated with Shah Rukh Khan’s viral video is false. The video is a deepfake in which the audio has been altered using artificial intelligence. In the original footage, Khan was discussing his life and experiences, and he did not make any statement about helping Rajpal Yadav.

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