#FactCheck - "Deepfake Video Falsely Claims Justin Trudeau Endorses Investment Project”

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

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The World Wide Web was created as a portal for communication, to connect people from far away, and while it started with electronic mail, mail moved to instant messaging, which let people have conversations and interact with each other from afar in real-time. But now, the new paradigm is the Internet of Things and how machines can communicate with one another. Now one can use a wearable gadget that can unlock the front door upon arrival at home and can message the air conditioner so that it switches on. This is IoT.

WHAT EXACTLY IS IoT?

The term ‘Internet of Things’ was coined in 1999 by Kevin Ashton, a computer scientist who put Radio Frequency Identification (RFID) chips on products in order to track them in the supply chain, while he worked at Proctor & Gamble (P&G). And after the launch of the iPhone in 2007, there were already more connected devices than people on the planet.

Fast forward to today and we live in a more connected world than ever. So much so that even our handheld devices and household appliances can now connect and communicate through a vast network that has been built so that data can be transferred and received between devices. There are currently more IoT devices than users in the world and according to the WEF’s report on State of the Connected World, by 2025 there will be more than 40 billion such devices that will record data so it can be analyzed.

IoT finds use in many parts of our lives. It has helped businesses streamline their operations, reduce costs, and improve productivity. IoT also helped during the Covid-19 pandemic, with devices that could help with contact tracing and wearables that could be used for health monitoring. All of these devices are able to gather, store and share data so that it can be analyzed. The information is gathered according to rules set by the people who build these systems.

APPLICATION OF IoT

IoT is used by both consumers and the industry.

Some of the widely used examples of CIoT (Consumer IoT) are wearables like health and fitness trackers, smart rings with near-field communication (NFC), and smartwatches. Smartwatches gather a lot of personal data. Smart clothing, with sensors on it, can monitor the wearer’s vital signs. There are even smart jewelry, which can monitor sleeping patterns and also stress levels.

With the advent of virtual and augmented reality, the gaming industry can now make the experience even more immersive and engrossing. Smart glasses and headsets are used, along with armbands fitted with sensors that can detect the movement of arms and replicate the movement in the game.

At home, there are smart TVs, security cameras, smart bulbs, home control devices, and other IoT-enabled ‘smart’ appliances like coffee makers, that can be turned on through an app, or at a particular time in the morning so that it acts as an alarm. There are also voice-command assistants like Alexa and Siri, and these work with software written by manufacturers that can understand simple instructions.

Industrial IoT (IIoT) mainly uses connected machines for the purposes of synchronization, efficiency, and cost-cutting. For example, smart factories gather and analyze data as the work is being done. Sensors are also used in agriculture to check soil moisture levels, and these then automatically run the irrigation system without the need for human intervention.

Statistics

• The IoT device market is poised to reach $1.4 trillion by 2027, according to Fortune Business Insight.
• The number of cellular IoT connections is expected to reach 3.5 billion by 2023. (Forbes)
• The amount of data generated by IoT devices is expected to reach 73.1 ZB (zettabytes) by 2025.
• 94% of retailers agree that the benefits of implementing IoT outweigh the risk.
• 55% of companies believe that 3^rd party IoT providers should have to comply with IoT security and privacy regulations.
• 53% of all users acknowledge that wearable devices will be vulnerable to data breaches, viruses,
• Companies could invest up to 15 trillion dollars in IoT by 2025 (Gigabit)

CONCERNS AND SOLUTIONS

• Two of the biggest concerns with IoT devices are the privacy of users and the devices being secure in order to prevent attacks by bad actors. This makes knowledge of how these things work absolutely imperative.
• It is worth noting that these devices all work with a central hub, like a smartphone. This means that it pairs with the smartphone through an app and acts as a gateway, which could compromise the smartphone as well if a hacker were to target that IoT device.
• With technology like smart television sets that have cameras and microphones, the major concern is that hackers could hack and take over the functioning of the television as these are not adequately secured by the manufacturer.
• A hacker could control the camera and cyberstalk the victim, and therefore it is very important to become familiar with the features of a device and ensure that it is well protected from any unauthorized usage. Even simple things, like keeping the camera covered when it is not being used.
• There is also the concern that since IoT devices gather and share data without human intervention, they could be transmitting data that the user does not want to share. This is true of health trackers. Users who wear heart and blood pressure monitors have their data sent to the insurance company, who may then decide to raise the premium on their life insurance based on the data they get.
• IoT devices often keep functioning as normal even if they have been compromised. Most devices do not log an attack or alert the user, and changes like higher power or bandwidth usage go unnoticed after the attack. It is therefore very important to make sure the device is properly protected.
• It is also important to keep the software of the device updated as vulnerabilities are found in the code and fixes are provided by the manufacturer. Some IoT devices, however, lack the capability to be patched and are therefore permanently ‘at risk’.

CONCLUSION

Humanity inhabits this world that is made up of all these nodes that talk to each other and get things done. Users can harmonize their devices so that everything runs like a tandem bike – completely in sync with all other parts. But while we make use of all the benefits, it is also very important that one understands what they are using, how it is functioning, and how one can tackle issues should they come up. This is also important to understand because once people get used to IoT, it will be that much more difficult to give up the comfort and ease that these systems provide, and therefore it would make more sense to be prepared for any eventuality. A lot of times, good and sensible usage alone can keep devices safe and services intact. But users should be aware of any issues because forewarned is forearmed.

In the vast, interconnected cosmos of the internet, where knowledge and connectivity are celebrated as the twin suns of enlightenment, there lurk shadows of a more sinister nature. Here, in these darker corners, the innocence of childhood is not only exploited but also scarred, indelibly and forever. The production, distribution, and consumption of Child Sexual Abuse Material (CSAM) have surged to alarming levels globally, casting a long, ominous shadow over the digital landscape. 

In response to this pressing issue, the National Human Rights Commission (NHRC) has unfurled a comprehensive four-part advisory, a beacon of hope aimed at combating CSAM and safeguarding the rights of children in this digital age. This advisory dated 27/10/23 is not merely a reaction to the rising tide of CSAM, but a testament to the imperative need for constant vigilance in the realm of cyber peace.

The statistics paint a sobering picture. In 2021, more than 1,500 instances of publishing, storing, and transmitting CSAM were reported, shedding a harsh light on the scale of the problem. Even more alarming is the upward trend in cases reported in subsequent years. By 2023, a staggering 450,207 cases of CSAM had already been reported, marking a significant increase from the 204,056 and 163,633 cases reported in 2022 and 2021, respectively.

The Key Aspects of Advisory

The NHRC's advisory commences with a fundamental recommendation - a redefinition of terminology. It suggests replacing the term 'Child Pornography' with 'Child Sexual Abuse Material' (CSAM). This shift in language is not merely semantic; it underscores the gravity of the issue, emphasizing that this is not about pornography but child abuse. 

Moreover, the advisory calls for the definition of 'sexually explicit' under Section 67B of the IT Act, 2000. This step is crucial for ensuring the prompt identification and removal of online CSAM. By giving a clear definition, law enforcement can act swiftly in removing such content from the internet.

The digital world knows no borders, and CSAM can easily cross jurisdictional lines. NHRC recognizes this challenge and proposes that laws be harmonized across jurisdictions through bilateral agreements. Moreover, it recommends pushing for the adoption of a UN draft Convention on 'Countering the Use of Information and Communications Technologies for Criminal Purposes' at the General Assembly.

One of the critical aspects of the advisory is the strengthening of law enforcement. NHRC advocates for the creation of Specialized State Police Units in every state and union territory to handle CSAM-related cases. The central government is expected to provide support, including grants, to set up and equip these units. 

The NHRC further recommends establishing a Specialized Central Police Unit under the government of India's jurisdiction. This unit will focus on identifying and apprehending CSAM offenders and maintaining a repository of such content. Its role is not limited to law enforcement; it is expected to cooperate with investigative agencies, analyze patterns, and initiate the process for content takedown. This coordinated approach is designed to combat the problem effectively, both on the dark web and open web.

The role of internet intermediaries and social media platforms in controlling CSAM is undeniable. The NHRC advisory emphasizes that intermediaries must deploy technology, such as content moderation algorithms, to proactively detect and remove CSAM from their platforms. This places the onus on the platforms to be proactive in policing their content and ensuring the safety of their users. 

New Developments 

Platforms using end-to-end encryption services may be required to create additional protocols for monitoring the circulation of CSAM. Failure to do so may invite the withdrawal of the 'safe harbor' clause under Section 79 of the IT Act, 2000. This measure ensures that platforms using encryption technology are not inadvertently providing safe havens for those engaged in illegal activities. 

NHRC's advisory extends beyond legal and law enforcement measures; it emphasizes the importance of awareness and sensitization at various levels. Schools, colleges, and institutions are called upon to educate students, parents, and teachers about the modus operandi of online child sexual abusers, the vulnerabilities of children on the internet, and the early signs of online child abuse. 

To further enhance awareness, a cyber curriculum is proposed to be integrated into the education system. This curriculum will not only boost digital literacy but also educate students about relevant child care legislation, policies, and the legal consequences of violating them. 

NHRC recognizes that survivors of CSAM need more than legal measures and prevention strategies. Survivors are recommended to receive support services and opportunities for rehabilitation through various means. Partnerships with civil society and other stakeholders play a vital role in this aspect. Moreover, psycho-social care centers are proposed to be established in every district to facilitate need-based support services and organization of stigma eradication programs. 

NHRC's advisory is a resounding call to action, acknowledging the critical importance of protecting children from the perils of CSAM. By addressing legal gaps, strengthening law enforcement, regulating online platforms, and promoting awareness and support, the NHRC aims to create a safer digital environment for children. 

Conclusion 

In a world where the internet plays an increasingly central role in our lives, these recommendations are not just proactive but imperative. They underscore the collective responsibility of governments, law enforcement agencies, intermediaries, and society as a whole in safeguarding the rights and well-being of children in the digital age. 

NHRC's advisory is a pivotal guide to a more secure and child-friendly digital world. By addressing the rising tide of CSAM and emphasizing the need for constant vigilance, NHRC reaffirms the critical role of organizations, governments, and individuals in ensuring cyber peace and child protection in the digital age. The active contribution from premier cyber resilience firms like Cyber Peace Foundation, amplifies the collective action forging a secure digital space, highlighting the pivotal role played by think tanks in ensuring cyber peace and resilience. 

References:

• https://www.hindustantimes.com/india-news/nhrc-issues-advisory-regarding-child-sexual-abuse-material-on-internet-101698473197792.html
• https://ssrana.in/articles/nhrcs-advisory-proliferation-of-child-sexual-abuse-material-csam/
• https://theprint.in/india/specialised-central-police-unit-use-of-technology-to-proactively-detect-csam-nhrc-advisory/1822223/

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