#FactCheck - Viral image circulating on social media depicts a natural optical illusion from Epirus, Greece.

Introduction

The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.     

The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.

Defining the certain Clauses of the bill

Clause 1 (dd) - The Programme 

In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.

Clause 2(v) - The news and current affairs 

Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.

Clause 2(y) Over the Top Broadcasting Services 

Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.

Clause 4(4) - Requirements for Broadcasters and Network Operators 

The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.

Clause 27 - Advisory Council

The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.

A Way Forward 

It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.

The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.

References 

• https://scroll.in/article/1059881/why-indias-new-draft-broadcast-bill-has-raised-fears-of-censorship-and-press-suppression#:~:text=The%20bill%20extends%20the%20regulatory,regulation%20through%20content%20evaluation%20committees.
• https://pib.gov.in/PressReleasePage.aspx?PRID=1976200
• https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html

Introduction

The global food industry is vast and complex, influencing consumer behaviour, policy, and health outcomes worldwide. However, misinformation within this sector is pervasive, with significant consequences for public health and market dynamics. Misinformation can arise from various sources, including misleading marketing campaigns, unsubstantiated health claims, and misrepresentation of food production practices through public endorsement or otherwise. Nutrition misinformation is one such example. The promotion of false or unproven products for profit can lead to mislead consumers and affect their interests. Misleading claims and inaccurate information about the nutritional value of food products and processes are common claims. The misinformation created about food on the global stage distorts public understanding of nutrition, food safety, and environmental impacts, leading to significant consequences for public health, consumer trust, and the economy.

Rise of Nutritional Misinformation and Consumer Distrust

Health and nutrition-related misinformation is one of the most prevalent types in the food sector. Businesses frequently advertise their products as "natural" or "healthy" without providing sufficient data to back up these claims, tricking customers into buying goods that might be heavy in fat, sugar, or salt. Words like "superfood" are frequently used without supporting evidence from science, giving the impression that they are healthier.

Misinformation also impacts the sustainability and ethics of food production. Claims of "sustainable" or "ethical" sourcing are frequently exaggerated or fabricated, leaving consumers unaware of the true environmental and social costs associated with certain products.

This lack of clarity is not only observed in general food trends but also within organisations meant to provide trustworthy information. There has been significant criticism, directed at the International Food Information Council (IFIC), for their alleged promotion of nutrition-based misinformation to safeguard the interests of large food corporations, resulting in potentially compromising public health. The preemptive claims that IFIC made about the nutritive claims have been questioned by the National Institutes of Health, USA in November 2022. They reported in their study that IFIC promotes food and beverage company interests and undermines the accurate dissemination of scientific evidence related to diet and health. This was in support of the objective of the study, which was to determine whether, there have been many claims that the nutritional value of certain foods or diets may be manipulated to favour business goals, leaving consumers misinformed about what constitutes a truly healthy diet.

Another source of misinformation is the growing ‘Free-From’ fad. The “free-from” label in the US is a food category of products that claim to be free from certain ingredients or chemicals. It has been steadily growing by 7% annually. These labels often tout products as healthier due to a simpler ingredient list. Although seemingly harmless, transparency in ingredient disclosure is often obscured in the 'free-from' trend. This can lead to consumer distrust in the long run, making them hesitant.

The Harmful Effects of Food Misinformation

The effects of misinformation about nutrition and food safety can directly affect public health.
Consumers unknowingly may accept false claims or avoid certain foods without scientific basis and adopt harmful dietary habits, potentially leading to malnutrition or other health problems. By the time the realisation sets in about being misled, their trust is eroded not only towards such companies but also towards the regulators. This distrust can lead to declining consumer confidence and disrupt market stability. 

Some food-related misinformation downplays the environmental impact that certain food production practices have. An example of such a situation is the promotion of meat alternatives as being entirely eco-friendly without considering all environmental factors. This can mislead consumers and obscure the complex environmental effects of food production systems. 

Misinformation can distort consumer purchasing habits, potentially leading to a reduced demand for certain products and unfair competition. The sufferers in this case are the small-scale producers who suffer disproportionately, while the large corporations might use this misinformation to maintain their dominance in the market. Regulatory checks, open communication, and public education campaigns are needed to combat mis/disinformation in the global food sector and enable consumers to make decisions that are sustainable, healthful and informed.

CyberPeace Recommendations

• Unfair trade practices like providing misleading information or unchecked claims on food products should be better addressed by the regulators. Companies must provide clear, transparent and accurate information about their products as mandated under the Food Safety and Standards (Advertising and Claims) Regulations, 2018. This information should include the true origins, production methods, and nutritional content on their labels.
• Promotions of initiatives and investments by public health organisations and food authorities towards educating consumers and improving food literacy should encouraged. 
• Regulating social media endorsement is also crucial to prevent the spread of misinformation and unchecked claims. Without proper due diligence on product details, influencers may unknowingly mislead their audience, causing potential harm. 
• The Social Media Platforms can partner with nutritionists, dietitians, and other health professionals who are content creators, as they can help in understanding and promoting accurate, science-based nutrition information and debunk any misleading claims.
• Campaigns should be encouraged to spread public awareness about the harms of food-related misleading claims or trends. Emphasis should be on evidence-based nutritional guidance. The ongoing research towards food safety, nutrition, and true information should be actively communicated to keep the public informed. Combating food misinformation requires more robust regulations, improved transparency, and heightened consumer awareness and vigilance.

References

• https://timesofindia.indiatimes.com/india/label-claims-on-packaged-food-could-be-misleading-icmr/articleshow/110053363.cms 
• https://www.outlookindia.com/hub4business/empowering-change-freedom-food-alliance-takes-on-global-food-industry-misinformation 
• https://insightsnow.com/misinformation-hurting-food-business/ ‍
• https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9618198/pdf/12992_2022_Article_884.pdf

Introduction

Election misinformation poses a major threat to democratic processes all over the world. The rampant spread of misleading information intentionally (disinformation) and unintentionally (misinformation) during the election cycle can not only create grounds for voter confusion with ramifications on election results but also incite harassment, bullying, and even physical violence. The attack on the United States Capitol Building in Washington D.C., in 2021, is a classic example of this phenomenon, where the spread of dis/misinformation snowballed into riots. 

Election Dis/Misinformation 

Election dis/misinformation is false or misleading information that affects/influences public understanding of voting, candidates, and election integrity. The internet, particularly social media, is the foremost source of false information during elections. It hosts fabricated news articles, posts or messages containing incorrectly-captioned pictures and videos, fabricated websites, synthetic media and memes, and distorted truths or lies. In a recent example during the 2024 US elections, fake videos using the Federal Bureau of Investigation’s (FBI) insignia alleging voter fraud in collusion with a political party and claiming the threat of terrorist attacks were circulated. According to polling data collected by Brookings, false claims influenced how voters saw candidates and shaped opinions on major issues like the economy, immigration, and crime. It also impacted how they viewed the news media’s coverage of the candidates’ campaign. The shaping of public perceptions can thus, directly influence election outcomes. It can increase polarisation, affect the quality of democratic discourse, and cause disenfranchisement. From a broader perspective, pervasive and persistent misinformation during the electoral process also has the potential to erode public trust in democratic government institutions and destabilise social order in the long run.  

Challenges In Combating Dis/Misinformation

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1. Platform Limitations:  Current content moderation practices by social media companies struggle to identify and flag misinformation effectively. To address this, further adjustments are needed, including platform design improvements, algorithm changes, enhanced content moderation, and stronger regulations.

2. Speed and Spread: Due to increasingly powerful algorithms, the speed and scale at which misinformation can spread is unprecedented. In contrast, content moderation and fact-checking are reactive and are more time-consuming. Further, incendiary material, which is often the subject of fake news, tends to command higher emotional engagement and thus, spreads faster (virality). 

3. Geopolitical influences: Foreign actors seeking to benefit from the erosion of public trust in the USA present a challenge to the country's governance, administration and security machinery. In 2018, the federal jury indicted 11 Russian military officials for alleged computer hacking to gain access to files during the 2016 elections.  Similarly, Russian involvement in the 2024 federal elections has been alleged by high-ranking officials such as White House national security spokesman John Kirby, and Attorney General Merrick Garland. 

4. Lack of Targeted Plan to Combat Election Dis/Misinformation:  In the USA,  dis/misinformation is indirectly addressed through laws on commercial advertising, fraud, defamation, etc. At the state level, some laws such as Bills AB 730, AB 2655, AB 2839, and AB 2355 in California target election dis/misinformation. The federal and state governments criminalize false claims about election procedures, but the Constitution mandates  “breathing space” for protection from false statements within election speech. This makes it difficult for the government to regulate election-related falsities.

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CyberPeace Recommendations

1. Strengthening Election Cybersecurity Infrastructure: To build public trust in the electoral process and its institutions, security measures such as updated data protection protocols, publicized audits of election results, encryption of voter data, etc. can be taken. In 2022, the federal legislative body of the USA  passed the Electoral Count Reform and Presidential Transition Improvement Act (ECRA), pushing reforms allowing only a state’s governor or designated executive official to submit official election results, preventing state legislatures from altering elector appointment rules after Election Day and making it more difficult for federal legislators to overturn election results. More investments can be made in training, scenario planning, and fact-checking for more robust mitigation of election-related malpractices online. 
2. Regulating Transparency on Social Media Platforms: Measures such as transparent labeling of election-related content and clear disclosure of political advertising to increase accountability can make it easier for voters to identify potential misinformation. This type of transparency is a necessary first step in the regulation of content on social media and is useful in providing disclosures, public reporting, and access to data for researchers. Regulatory support is also required in cases where popular platforms actively promote election misinformation.
3. Increasing focus on ‘Prebunking’ and Debunking Information: Rather than addressing misinformation after it spreads, ‘prebunking’ should serve as the primary defence to strengthen public resilience ahead of time. On the other hand, misinformation needs to be debunked repeatedly through trusted channels. Psychological inoculation techniques against dis/misinformation can be scaled to reach millions on social media through short videos or messages.
4. Focused Interventions On Contentious Themes By Social Media Platforms: As platforms prioritize user growth, the burden of verifying the accuracy of posts largely rests with users. To shoulder the responsibility of tackling false information, social media platforms can outline critical themes with large-scale impact such as anti-vax content, and either censor, ban, or tweak the recommendations algorithm to reduce exposure and weaken online echo chambers. 
5. Addressing Dis/Information through a Socio-Psychological Lens: Dis/misinformation and its impact on domains like health, education, economy, politics, etc. need to be understood through a psychological and sociological lens, apart from the technological one. A holistic understanding of the propagation of false information should inform digital literacy training in schools and public awareness campaigns to empower citizens to evaluate online information critically. 

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Conclusion

According to the World Economic Forum’s Global Risks Report 2024, the link between misleading or false information and societal unrest will be a focal point during elections in several major economies over the next two years. Democracies must employ a mixed approach of immediate tactical solutions, such as large-scale fact-checking and content labelling, and long-term evidence-backed countermeasures, such as digital literacy, to curb the spread and impact of dis/misinformation.

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Sources

•  https://www.cbsnews.com/news/2024-election-misinformation-fbi-fake-videos/ 
•  https://www.brookings.edu/articles/how-disinformation-defined-the-2024-election-narrative/ 
•  https://www.fbi.gov/wanted/cyber/russian-interference-in-2016-u-s-elections
• https://indianexpress.com/article/world/misinformation-spreads-fear-distrust-ahead-us-election-9652111/ 
•  https://academic.oup.com/ajcl/article/70/Supplement_1/i278/6597032#377629256 
• https://www.brennancenter.org/our-work/policy-solutions/how-states-can-prevent-election-subversion-2024-and-beyond 
•  https://www.bbc.com/news/articles/cx2dpj485nno 
• https://msutoday.msu.edu/news/2022/how-misinformation-and-disinformation-influence-elections 
• https://misinforeview.hks.harvard.edu/article/a-survey-of-expert-views-on-misinformation-definitions-determinants-solutions-and-future-of-the-field/ 
• https://reutersinstitute.politics.ox.ac.uk/sites/default/files/2023-06/Digital_News_Report_2023.pdf 
• https://www.weforum.org/stories/2024/03/disinformation-trust-ecosystem-experts-curb-it/ 
• https://www.apa.org/topics/journalism-facts/misinformation-recommendations 
• https://mythvsreality.eci.gov.in/ 
• https://www.brookings.edu/articles/transparency-is-essential-for-effective-social-media-regulation/ 
• https://www.brookings.edu/articles/how-should-social-media-platforms-combat-misinformation-and-hate-speech/ 

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