#FactCheck - The video of Virat Kohli promoting online casino mobile app is a deep fake.

Introduction

The Department of Telecommunications on 28th October 2024 notified an amendment to the Flight and Maritime Connectivity Rules, 2018 (FMCR 2018). 

Rule 9 of the principle rules in FMCR 2018 stated: 

 “Restrictions–(1) The IFMC service provider shall provide the operation of mobile communication services in aircraft at minimum height of 3000 meters in Indian airspace to avoid interference with terrestrial mobile networks. (2) Internet services through Wi-Fi in aircraft shall be made available when electronic devices are permitted to be used only in airplane mode.”

In 2022, an amendment was made to the attached form in the Rules for obtaining authorisation to provide IFMC services. 

Subsequently, the 2024 amendment substitutes sub-rule (2), namely : 

“ (2)  Notwithstanding the minimum height in Indian airspace referred to in sub-rule (1), internet services through Wi-Fi in aircraft shall be made available when electronic devices are permitted to be used in the aircraft.”

Highlights of the Amendment 

These rules govern the use of Wi-Fi in airplanes and ships within or above India or Indian territorial waters through In Flight and Maritime Connectivity (IFMC) services provided by IFMC service providers responsible for establishing and maintaining them.

Airplanes are equipped with antennas, onboard servers, and routers to connect to signals received from ground towers via Direct Air-to-Ground Communications (DA2GC) or through satellites. The DA2GC system offers connectivity through various communication methods, supporting services like in-flight Internet access and mobile multimedia. Licensed In-Flight Mobile Connectivity (IFMC) providers must adhere to standards set by international organizations such as the International Telecommunications Union (ITU), the European Telecommunications Standards Institute (ETSI), and the Institute of Electrical and Electronics Engineers (IEEE), or by international forums like the 3rd Generation Partnership Project (3GPP) to offer In-Flight Connectivity. Providers using Indian or foreign satellite systems must obtain approval from the Department of Space.

The IFMC service provider must operate mobile communication services on aircrafts at a minimum altitude of 3,000 meters within Indian airspace to prevent interference with terrestrial mobile networks. However, Wi-Fi access can be enabled at any point during the flight when device use is permitted, not just after reaching 3,000 meters. This flexibility is intended to allow passengers to connect to Wi-Fi earlier in the flight. This amendment aims to ensure that passengers can access the internet while maintaining the safety standards critical to in-flight communication systems.

Implications

1. Increased Data Security Needs:  There will be a need for robust cybersecurity measures against potential threats and data breaches. 
2. Increased Costs: Airplanes will have to incur the initial costs for installing antennae. Since airfare pricing in India is market-driven and largely unregulated, these costing changes might find their way into ticket prices, making flight tickets more expensive. 
3. Interference Management: A framework regarding the conditions under which  Wi-FI must be switched off to avoid interference with terrestrial communication systems can be determined by stakeholders and communicated to passengers. 
4. Enhanced Connectivity Infrastructure: Airlines may need to invest in better flight-connectivity infrastructure to handle increased network traffic as more passengers access Wi-fi at lower altitudes and for longer durations. 

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Conclusion

The  Flight and Maritime Connectivity (Amendment) Rules, 2024, enhance passenger convenience and align India with global standards for in-flight connectivity while complying with international safety protocols. Access to the internet during flights and at sea provides valuable real-time information, enhances safety, and offers access to health support during aviation and maritime operations.  However, new challenges including the need for robust cybersecurity measures, cost implications for airlines and passengers, and management of interference with terrestrial networks will have to be addressed through a collaborative approach between airlines, IFMC providers, and regulatory authorities. 

Sources 

• https://dot.gov.in/sites/default/files/2018_12_17%20AS%20IFMC_2.pdf?download=1 
• https://dot.gov.in/sites/default/files/Amendment%20dated%2004112024%20in%20flight%20and%20maritime%20connectivity%20rules%202018%20to%20IFMC%20Service%20Provider.pdf  
• https://www.t-mobile.com/dialed-in/wireless/how-does-airplane-wifi-work 
• https://tec.gov.in/public/pdf/Studypaper/DA2GC_Paper%2008-10-2020%20v2.pdf 
• https://www.indiatoday.in/india/story/wifi-use-flights-no-longer-linked-altitude-now-subject-permission-2628118-2024-11-05  
• https://pib.gov.in/Pressreleaseshare.aspx?PRID=1843408#:~:text=With%20the%20repeal%20of%20Air,issue%20directions%20to%20such%20airline. 

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Introduction

Charity and donation scams have continued to persist and are amplified in the digital era, where messages spread rapidly through WhatsApp, emails, and social media. These fraudulent schemes involve threat actors impersonating legitimate charities, government appeals, or social causes to solicit funds. Apart from targeting the general public, they also impact entities such as reputable tech firms and national institutions. Victims are tricked into transferring money or sharing personal information, often under the guise of urgent humanitarian efforts or causes.

A recent incident involves a fake WhatsApp message claiming to be from the Indian Ministry of Defence. The message urged users to donate to a fund for “modernising the Indian Army.” The government later confirmed this message was entirely fabricated and part of a larger scam. It emphasised that no such appeal had been issued by the Ministry, and urged citizens to verify such claims through official government portals before responding.

Tech Industry and Donation-Related Scams

Large corporations are also falling prey. According to media reports, an American IT company recently terminated around 700 Indian employees after uncovering a donation-related fraud. At least 200 of them were reportedly involved in a scheme linked to Telugu organisations in the US. The scam echoed a similar situation that had previously affected Apple, where Indian employees were fired after being implicated in donation fraud tied to the Telugu Association of North America (TANA). Investigations revealed that employees had made questionable donations to these groups in exchange for benefits such as visa support or employment favours.

Common People Targeted

While organisational scandals grab headlines, the common man remains equally or even more vulnerable. In a recent incident, a man lost over ₹1 lakh after clicking on a WhatsApp link asking for donations to a charity. Once he engaged with the link, the fraudsters manipulated him into making repeated transfers under various pretexts, ranging from processing fees to refund-related transactions (social engineering). Scammers often employ a similar set of tactics using urgency, emotional appeal, and impersonation of credible platforms to convince and deceive people.

Cautionary Steps

CyberPeace recommends adopting a cautious and informed approach when making charitable donations, especially online. Here are some key safety measures to follow:

1. Verify Before You Donate. Always double-check the legitimacy of donation appeals. Use official government portals or the official charities' websites. Be wary of unfamiliar phone numbers, email addresses, or WhatsApp forwards asking for money.
   
   
2. Avoid Clicking on Suspicious Links
   Never click on links or download attachments from unknown or unverified sources. These could be phishing links/ malware designed to steal your data or access your bank accounts.
   
   
3. Be Sceptical of Urgency Scammers bank on creating a false sense of urgency to pressure their victims into donating quickly. One must take the time to evaluate before responding.

4. Use Secure Payment Channels Ensure that one makes donations only through platforms that are secure, trusted, and verified. These include official UPI handles, government-backed portals (like PM CARES or Bharat Kosh), among others.
   
   
5. Report Suspected Fraud In case one receives suspicious messages or falls victim to a scam, they are encouraged to report it to cybercrime authorities via cybercrime.gov.in (1930) or the local police, as prompt reporting can prevent further fraud.
   

Conclusion

Charity should never come at the cost of trust and safety. While donating to a good cause is noble, doing it mindfully is essential in today’s scam-prone environment. Always remember: a little caution today can save a lot tomorrow.

References

• https://economictimes.indiatimes.com/news/defence/misleading-message-circulating-on-whatsapp-related-to-donation-for-armys-modernisation-govt/articleshow/120672806.cms?from=mdr
• https://timesofindia.indiatimes.com/technology/tech-news/american-company-sacks-700-of-these-200-in-donation-scam-related-to-telugu-organisations-similar-to-firing-at-apple/articleshow/120075189.cms
• https://timesofindia.indiatimes.com/city/hyderabad/apple-fires-some-indians-over-donation-fraud-tana-under-scrutiny/articleshow/117034457.cms
• https://www.indiatoday.in/technology/news/story/man-gets-link-for-donation-and-charity-on-whatsapp-loses-over-rs-1-lakh-after-clicking-on-it-2688616-2025-03-04 

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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

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