#FactCheck - Manipulated Image Alleging Disrespect Towards PM Circulates Online

The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf

Executive Summary:

A viral picture on social media showing UK police officers bowing to a group of social media leads to debates and discussions. The investigation by CyberPeace Research team found that the image is AI generated. The viral claim is false and misleading.

Claims:

A viral image on social media depicting that UK police officers bowing to a group of Muslim people on the street.

Fact Check:

The reverse image search was conducted on the viral image. It did not lead to any credible news resource or original posts that acknowledged the authenticity of the image. In the image analysis, we have found the number of anomalies that are usually found in AI generated images such as the uniform and facial expressions of the police officers image. The other anomalies such as the shadows and reflections on the officers' uniforms did not match the lighting of the scene and the facial features of the individuals in the image appeared unnaturally smooth and lacked the detail expected in real photographs.

We then analysed the image using an AI detection tool named True Media. The tools indicated that the image was highly likely to have been generated by AI.

We also checked official UK police channels and news outlets for any records or reports of such an event. No credible sources reported or documented any instance of UK police officers bowing to a group of Muslims, further confirming that the image is not based on a real event.

Conclusion:

The viral image of UK police officers bowing to a group of Muslims is AI-generated. CyberPeace Research Team confirms that the picture was artificially created, and the viral claim is misleading and false.

• Claim: UK police officers were photographed bowing to a group of Muslims.
• Claimed on: X, Website
• Fact Check: Fake & Misleading

Introduction

The Indian Cabinet has approved a comprehensive national-level IndiaAI Mission with a budget outlay ofRs.10,371.92 crore. The mission aims to strengthen the Indian AI innovation ecosystem by democratizing computing access, improving data quality, developing indigenous AI capabilities, attracting top AI talent, enabling industry collaboration, providing startup risk capital, ensuring socially-impactful A projects, and bolstering ethical AI. The mission will be implemented by the'IndiaAI' Independent Business Division (IBD) under the Digital India Corporation (DIC) and consists of several components such as IndiaAI Compute Capacity, IndiaAI Innovation Centre (IAIC), IndiaAI Datasets Platform, India AI Application Development Initiative, IndiaAI Future Skills, IndiaAI Startup Financing, and Safe & Trusted AI over the next 5 years.

This financial outlay is intended to befulfilled through a public-private partnership model, to ensure a structured implementation of the IndiaAI Mission. The main objective is to create and nurture an ecosystem for India’s AI innovation. This mission is intended to act as a catalyst for shaping the future of AI for India and the world. AI has the potential to become an active enabler of the digital economy and the Indian government aims to harness its full potential to benefit its citizens and drive the growth of its economy.

Key Objectives of India's AI Mission

●     With the advancements in data collection, processing and computational power, intelligent systems can be deployed in varied tasks and decision-making to enable better connectivity and enhance productivity.

●     India’s AI Mission will concentrate on benefiting India and addressing societal needs in primary areas of healthcare, education, agriculture, smart cities and infrastructure, including smart mobility and transportation.

●     This mission will work with extensive academia-industry interactions to ensure the development of core research capability at the national level. This initiative will involve international collaborations and efforts to advance technological frontiers by generating new knowledge and developing and implementing innovative applications.

The strategies developed for implementing the IndiaAI Mission are via Public-Private Partnerships, Skilling initiatives and AI Policy and Regulation. An example of the work towards the public-private partnership is the pre-bid meeting that the IT Ministry hosted on 29th August2024, which saw industrial participation from Nvidia, Intel, AMD, Qualcomm, Microsoft Azure, AWS, Google Cloud and Palo Alto Networks.

Components of IndiaAI Mission

The IndiaAI Compute Capacity: The IndiaAI Compute pillar will build a high-end scalable AI computing ecosystem to cater to India's rapidly expanding AI start-ups and research ecosystem. The ecosystem will comprise AI compute infrastructure of 10,000 or more GPUs, built through public-private partnerships. An AI marketplace will offer AI as a service and pre-trained models to AI innovators.

The IndiaAI Innovation Centre will undertake the development and deployment of indigenous Large Multimodal Models (LMMs) and domain-specific foundational models in critical sectors. The IndiaAI Datasets Platform will streamline access to quality on-personal datasets for AI innovation.

The IndiaAI Future Skills pillar will mitigate barriers to entry into AI programs and increase AI courses in undergraduate, master-level, and Ph.D. programs. Data and AI Labs will be set up in Tier 2 and Tier 3 cities across India to impart foundational-level courses.

The IndiaAI Startup Financing pillar will support and accelerate deep-tech AI startups, providing streamlined access to funding for futuristic AI projects.

The Safe & Trusted AI pillar will enable the implementation of responsible AI projects and the development of indigenous tools and frameworks, self-assessment check lists for innovators, and other guidelines and governance frameworks by recognising the need for adequate guardrails to advance the responsible development, deployment, and adoption of AI.

CyberPeace Considerations for the IndiaAI Mission

●     Data privacy and security are paramount as emerging privacy instruments aim to ensure ethical AI use. Addressing bias and fairness in AI remains a significant challenge, especially with poor-quality or tampered datasets that can lead to flawed decision-making, posing risks to fairness, privacy, and security.

●     Geopolitical tensions and export control regulations restrict access to cutting-edge AI technologies and critical hardware, delaying progress and impacting data security. In India, where multilingualism and regional diversity are key characteristics, the unavailability of large, clean, and labeled datasets in Indic languages hampers the development of fair and robust AI models suited to the local context.

●     Infrastructure and accessibility pose additional hurdles in India’s AI development. The country faces challenges in building computing capacity, with delays in procuring essential hardware, such as GPUs like Nvidia’s A100 chip, hindering businesses, particularly smaller firms. AI development relies heavily on robust cloud computing infrastructure, which remains in its infancy in India. While initiatives like AIRAWAT signal progress, significant gaps persist in scaling AI infrastructure. Furthermore, the scarcity of skilled AI professionals is a pressing concern, alongside the high costs of implementing AI in industries like manufacturing. Finally, the growing computational demands of AI lead to increased energy consumption and environmental impact, raising concerns about balancing AI growth with sustainable practices.

Conclusion

We advocate for ethical and responsible AI development adoption to ensure ethical usage, safeguard privacy, and promote transparency. By setting clear guidelines and standards, the nation would be able to harness AI's potential while mitigating risks and fostering trust. The IndiaAI Mission will propel innovation, build domestic capacities, create highly-skilled employment opportunities, and demonstrate how transformative technology can be used for social good and enhance global competitiveness.

References

●     https://economictimes.indiatimes.com/tech/artificial-intelligence/governments-say-aye-to-sovereign-ai/articleshow/113014070.cms

●     https://www.livemint.com/industry/amid-push-for-indian-ai-myriad-challenges-pose-concerns-11720012574665.html

●     https://pib.gov.in/PressReleasePage.aspx?PRID=2012375

●     https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2012355#:~:text=The%20Mission%20will%20be%20implemented,1

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