#FactCheck - Viral Claim of Highway in J&K Proven Misleading

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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Introduction 

Betting has long been associated with sporting activities and has found a growing presence in online gaming and esports globally. As the esports industry continues to expand, Statista has projected that it will reach a market value of $5.9 billion by 2029. As such, associated markets have also seen significant growth. In 2024, this segment accounted for an estimated $2.5 billion globally. While such engagement avenues are popular among international audiences, they also bring attention to concerns around regulation, integrity, and user protection. As esports builds its credibility and reach, especially among younger demographics, these aspects become increasingly important to address in policy and practice.

What Does Esports Betting Involve? 

Much like traditional sports, esports engagement in some regions includes the practice of wagering on teams, players, or match outcomes. But it is inherently more complex. The accurate valuation of odds in online gaming and esports can be complicated by frequently updated game titles, changing teams, and shifting updates to game mechanics (called metas- most effective strategies). Bets can be placed using real money, virtual items like skins (digital avatars), or increasingly, cryptocurrency. 

Esports and Wagering: Emerging Issues and Implications

1. Legal Grey Areas:  While countries like South Korea and some USA states have dedicated regulations for esports betting and licensed bookmaking, most do not. This creates legal grey areas for betting service providers to access unregulated markets, increasing the risk of fraud, money laundering, and exploitation of bettors in those regions.  
2. The Skill v/s Chance Dilemma:  Most gambling laws across the world regulate betting based on the distinction between ‘games of skill’ and ‘games of chance’.  Betting on the latter is typically illegal, since winning depends on chance. But the definitions of ‘skill’ and ‘chance’ may vary by jurisdiction. Also, esports betting often blurs into gambling.  Outcomes may depend on player skill, but in-game economies like skin betting and unpredictable gameplay introduce elements of chance, complicating regulation and making enforcement difficult.
3. Underage Gambling and Addiction Risks: Players are often minors and are exposed to the gambling ecosystem due to gamified betting through reward systems like loot boxes. These often mimic the mechanics of betting, normalising gambling behaviours among young users before they fully understand the risks. This can lead to the development of addictive behaviours. 
4. Match-Fixing and Loss of Integrity: Esports are particularly susceptible to match-fixing because of weak regulation, financial pressures, and the anonymity of online betting. Instances like the Dota 2 Southeast Asia Scandals (2023) and Valorant match-fixing in North America (2021) can jeopardise audience trust and sponsorships. This affects the trustworthiness of minor tournaments, where talent is discovered.
5. Cybersecurity and Data Risks:  Esports betting apps collect sensitive user data, making them an attractive target for cybercrime. Bettors are susceptible to identity theft, financial fraud, and data breaches, especially on unlicensed platforms. 

Way Forward

To strengthen trust, ensure user safety, and protect privacy within the esports ecosystem, responsible management of betting practices can be achieved through targeted interventions focused on:

1. National-Level Regulations: Countries like India have a large online gaming and esports market. It will need to create a regulatory authority along the lines of the UK’s Gambling Commission and update its gambling laws to protect consumers.   
2. Protection of Minors: Setting guardrails such as age verification, responsible advertising, anti-fraud mechanisms, self-exclusion tools, and spending caps can help to keep a check on gambling by minors.
3. Harmonizing Global Standards:  Since esports is inherently global, aligning core regulatory principles across jurisdictions (such as through multi-country agreements or voluntary industry codes of conduct) can help create consistency while avoiding overregulation. 
4. Co-Regulation: Governments, esports organisers, betting platforms, and player associations should work closely to design effective, well-informed policies. This can help uphold the interests of all stakeholders in the industry.

Conclusion

Betting in esports is inevitable. But the industry faces a double dilemma- overregulating on the one hand, or letting gambling go unchecked, on the other. Both can be detrimental to its growth. This is why there is a need for industry actors like policymakers, platforms and organisers to work together to harmonise legal inconsistencies, protect vulnerable users and invest in forming data security. Forming industry-wide ethics boards, promoting regional regulatory dialogue, and instating transparency measures for betting operators can be a step in this direction to ensure that esports evolves into a mature, trusted global industry.

Sources 

• https://www.statista.com/outlook/amo/esports/esports-betting/worldwide 
• https://www.skrill.com/en/skrill-news/gaming/how-does-esports-betting-work/ 
• https://www.si.com/esports/betting/biggest-challenges-esports-betting ‍
• https://www.topesportsbettingsites.com/country/india/

‍Transforming Misguided Knowledge into Social Strength

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यत्र योगेश्वरः कृष्णो यत्र पार्थो धनुर्धरः । तत्र श्रीर्विजयो भूतिर्ध्रुवा नीतिर्मतिर्मम ॥ (Bhagavad Gita) translates as “Where there is divine guidance and righteous effort, there will always be prosperity, victory, and morality.”  In the context of the idea of rehabilitation, this verse teaches us that if offenders receive proper guidance, their skills can be redirected. Instead of causing harm, the same abilities can be transformed into tools for protection and social good. Cyber offenders who misuse their skills can, through structured guidance, be redirected toward constructive purposes like cyber defence, digital literacy, and security innovation. This interpretation emphasises not discarding the “spoiled” but reforming and reintegrating them into society.

Introduction

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Words and places are often associated with positive and negative aspects based on their history, stories, and the activities that might happen in that certain place. For example, the word “hacker” has a negative connotation, as does the place “Jamtara”, which is identified with its shady history as a cybercrime hotspot, but often people forget that there are lots of individuals who use their hacking skills to serve and protect their nation, also known as “white hat hackers”, a.k.a. ethical hackers, and places like Jamtara have a substantial number of talented individuals who have lost their way and are often victims of their circumstances. This presents the authorities with a fundamental issue of destigmatising cybercriminals and the need to act on their rehabilitation. The idea is to shift from punitive responses to rehabilitative and preventive approaches, especially in regions like Jamtara. 

The Deeper Problem: Systemic Gaps and Social Context

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Jamtara is not an isolated or a single case; there are many regions like Mewat, Bharatpur, Deoghar, Mathura, etc., that are facing a crisis, and various lives are uprooted because youth are entrapped in cybercrime rings, often to escape unemployment, poverty, and simply in the hope of a better life. In one such heart-wrenching story, a 24-year-old Shakil, belonging to Nuh, Haryana, was arrested for committing various cybercrimes, including sextortion and financial scams, and while his culpability is not in question here, his background reflects a deeper issue. He committed these crimes to pay for his diabetic father’s mounting bills and to see his sister, Shabana, married. This is the story of almost every other individual in the rural areas who is forced into committing these crimes, if not by a person, but by their circumstances. In a news report covered in 2024, an intervention was launched by various Meo leaders and social organisations in the Mewat region aimed at weaning the youth away from cybercrimes.

Not only poverty, but lack of education, social awareness, and digital literacy have acted as active agents for pushing the youth of India away from mainstream growth and towards the dark trenches of the cybercrime world. The local authorities have made active efforts to solve this problem; for instance, to dispel Jamtara’s unfavourable reputation for cybercrime and set the city firmly on the path to change, community libraries have been established in all 118 panchayats spread across six blocks of the district by IAS officer and DM Faiz Aq Ahmed Mumtaz.

The menace of cybercrimes is not limited to rural areas, as various reports surfaced during and post-COVID, where young children from urban areas became victims of various cybercrimes such as cyberbullying and stalking, and often perpetrators were someone from the same age group, adding to the dilemma. The issue has been noticed by various agencies, and the a need to deal with both victims and the accused in a sensitised manner. Recently, ex-CJI DY Chandrachud called for international collaboration to combat juvenile cybercrimes, as there are many who are ensnared and coerced into these criminal gangs, and swift resolution is the key to ensuring justice and rehabilitation.

CyberPeace Policy Outlook 

Cybercrime is often a product of skill without purpose. The youth who are often pushed into these crimes either have an incomplete idea of the veracity of their actions or have no other resort. The legal system and the agencies will have to look beyond the nature of the crimes and adopt and undertake a reformative approach so that these people can make their way into society and harness their skills ethically. A good alternative would be to organise Cyber Bootcamps for Reform, i.e., structured training with placement support, and explain to them how ethical hacking and cybersecurity careers can be attractive alternatives. One way to make the process effective is to share real-world stories of reformed hackers. There are many who belong to small villages and districts who have written success stories on reform after participating in digital training programmes. The crime they commit doesn’t have to be the last thing they are able to do in life; it doesn’t have to be the ending. The digital programmes should be organised in a way and in a vernacular that the youth are well-versed in, so there are no language barriers. The programme may give training for coding, cyber hygiene, legal literacy, ethical hacking, psychological counselling, and financial literacy workshops.

It has become a matter of reclaiming the misdirected talent, as rehabilitation is not just humane; it is strategic in the fight against cybercrime. On 1st April 2025, IIT Madras Pravartak Technologies Foundation finished training its first batch of law enforcement officers in cybersecurity techniques. The initiative is commendable, and a similar initiative may prove effective for the youth accused of cybercrimes, and preferably, they can be involved in similar rehabilitation and empowerment programmes during the early stages of criminal proceedings. This will help prevent recidivism and convert digital deviance into digital responsibility. In order to successfully incorporate this into law enforcement, the police can effectively use it to identify first-time, non-habitual offenders involved in low-impact cybercrimes. Also, courts can exercise the authority to require participation in an approved cyber-reform programme as a condition of bail in addition to bail hearings. 

Along with this, under the Juvenile Justice (Care and Protection of Children) Act, 2015, children in conflict with the law can be sent to observation homes where modules for digital literacy and skill development can be implemented. Other methods that may prove effective may include Restorative Justice Programmes, Court-monitored rehabilitation, etc. 

Conlusion 

A rehabilitative approach does not simply punish offenders, it transforms their knowledge into a force for good, ensuring that cybercrime is not just curtailed but converted into cyber defence and progress.

References

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1.  Ismat Ara, How an impoverished district in Haryana became a breeding ground for cybercriminals, FRONTLINE (Jul 27, 2023, 11:00 IST), https://frontline.thehindu.com/the-nation/spotlight-how-nuh-district-in-haryana-became-a-breeding-ground-for-cybercriminals/article67098193.ece )
2.  Mohammed Iqbal, Counselling, skilling aim to wean Mewat youth away from cybercrimes, THE HINDU (Jul. 28, 2024, 01:39 AM), https://www.thehindu.com/news/cities/Delhi/counselling-skilling-aim-to-wean-mewat-youth-away-from-cybercrimes/article68454985.ece
3. Prawin Kumar Tiwary,Jamtara’s journey from cybercrime to community libraries, 101 REPORTERS (Feb. 16, 2022), https://101reporters.com/article/development/Jamtaras_journey_from_cybercrime_to_community_libraries . 
4. IIT Madras Pravartak completes Training First Batch of Cyber Commandos, PRESS INFORMATION BUREAU (Apr. 1, 2025, 03:36 PM), https://www.pib.gov.in/PressReleasePage.aspx?PRID=2117256