#FactCheck - Viral Image of AIMIM President Asaduddin Owaisi Holding Lord Rama Portrait Proven Fake

Introduction

The 2025 Delhi Legislative Assembly election is just around the corner, scheduled for February 5, 2025, with all 70 constituencies heading to the polls. The eagerly awaited results will be announced on February 8, bringing excitement as the people of Delhi prepare to see their chosen leader take the helm as Chief Minister. As the election season unfolds, social media becomes a buzzing hub of activity, with information spreading rapidly across platforms. However, this period also sees a surge in online mis/disinformation, making elections a hotspot for misleading content. It is crucial for citizens to exercise caution and remain vigilant against false or deceptive online posts, videos, or content. Empowering voters to distinguish facts from fiction and recognize the warning signs of misinformation is essential to ensure informed decision-making. By staying alert and well-informed, we can collectively safeguard the integrity of the democratic process.

‍

Risks of Mis/Disinformation

According to the 2024 survey report titled ‘Truth Be Told’ by ‘The 23 Watts’, 90% of Delhi’s youth (Gen Z) report witnessing a spike in fake news during elections, and 91% believe it influences voting patterns. Furthermore, the research highlights that 14% of Delhi’s youth tend to share sensational news without fact-checking, relying solely on conjecture.

‍

Recent Measures by ECI

Recently the Election Commission of India (EC) has issued a fresh advisory to political parties to ensure responsible use of AI-generated content in their campaigns. The EC has issued guidelines to curb the potential use of "deepfakes" and AI-generated distorted content by political parties and their representatives to disturb the level playing field. EC has mandated the labelling of all AI-generated content used in election campaigns to enhance transparency, combat misinformation, ensuring a fair electoral process in the face of rapidly advancing AI technologies.

‍

Best Practices to Avoid Electoral Mis/Disinformation 

• Seek Information from Official Sources: Voters should rely on authenticated sources for information. These include reading official manifestos, following verified advisory notifications from the Election Commission, and avoiding unverified claims or rumours.
• Consume News Responsibly: Voters must familiarize themselves with dependable news channels and make use of reputable fact-checking organizations that uphold the integrity of news content. It is crucial to refrain from randomly sharing or forwarding any news post, video, or message without verifying its authenticity. Consume responsibly, fact-check thoroughly, and share cautiously.
• Role of Fact-Checking: Cross-checking and verifying information from credible sources are indispensable practices. Reliable and trustworthy fact-checking tools are vital for assessing the authenticity of information in the digital space. Voters are encouraged to use these tools to validate information from authenticated sources and adopt a habit of verification on their own. This approach fosters a culture of critical thinking, empowering citizens to counter deceptive deepfakes and malicious misinformation effectively. It also helps create a more informed and resilient electorate.
• Be Aware of Electoral Deepfakes: In the era of artificial intelligence, synthetic media presents significant challenges. Just as videos can be manipulated, voices can also be cloned. It is essential to remain vigilant against the misuse of deepfake audio and video content by malicious actors. Recognize the warning signs, such as inconsistencies or unnatural details, and stay alert to misleading multimedia content. Proactively question and verify such material to avoid falling prey to deception.

References

1. https://www.financialexpress.com/business/brandwagon-90-ofnbsp-delhi-youth-witness-spike-in-fake-news-during-elections-91-believe-it-influences-voting-patterns-revealed-the-23-watts-report-3483166/
2. https://timesofindia.indiatimes.com/india/election-commission-urges-parties-to-disclose-ai-generated-campaign-content-in-interest-of-transparency/articleshow/117306865.cms
3. https://www.thehindu.com/news/national/election-commission-issues-advisory-on-use-of-ai-in-poll-campaigning/article69103888.ece
4. https://indiaai.gov.in/article/election-commission-of-india-embraces-ai-ethics-in-campaigning-advisory-on-labelling-ai-generated-content

Introduction

The first activity one engages in while using social media is scrolling through their feed and liking or reacting to posts. Social media users' online activity is passive, involving merely reading and observing, while active use occurs when a user consciously decides to share information or comment after actively analysing it. We often "like" photos, posts, and tweets reflexively, hardly stopping to think about why we do it and what information it contains. This act of "liking" or "reacting" is a passive activity that can spark an active discourse. Frequently, we encounter misinformation on social media in various forms, which could be identified as false at first glance if we exercise caution and avoid validating it with our likes.

Passive engagement, such as liking or reacting to a post, triggers social media algorithms to amplify its reach, exposing it to a broader audience. This amplification increases the likelihood of misinformation spreading quickly as more people interact with it. As the content circulates, it gains credibility through repeated exposure, reinforcing false narratives and expanding its impact.

Social media platforms are designed to facilitate communication and conversations for various purposes. However, this design also enables the sharing, exchange, distribution, and reception of content, including misinformation. This can lead to the widespread spread of false information, influencing public opinion and behaviour. Misinformation has been identified as a contributing factor in various contentious events, ranging from elections and referenda to political or religious persecution, as well as the global response to the COVID-19 pandemic.

The Mechanics of Passive Sharing

Sharing a post without checking the facts mentioned or sharing it without providing any context can create situations where misinformation can be knowingly or unknowingly spread. The problem with sharing and forwarding information on social media without fact-checking is that it usually starts in small, trusted networks before going on to be widely seen across the internet. This web which begins is infinite and cutting it from the roots is necessary. The rapid spread of information on social media is driven by algorithms that prioritise engagement and often they amplify misleading or false content and contribute to the spread of misinformation.  The algorithm optimises the feed and ensures that the posts that are most likely to engage with appear at the top of the timeline, thus encouraging a cycle of liking and posting that keeps users active and scrolling.

The internet reaches billions of individuals and enables them to tailor persuasive messages to the specific profiles of individual users. The internet because of its reach is an ideal medium for the fast spread of falsehoods at the expense of accurate information. 

Recommendations for Combating Passive Sharing

The need to combat passive sharing that we indulge in is important and some ways in which we can do so are as follows:

• We need to critically evaluate the sources before sharing any content. This will ensure that the information source is not corrupted and used as a means to cause disruptions. The medium should not be used to spread misinformation due to the source's ulterior motives. Tools such as crowdsourcing and AI methods have been used in the past to evaluate the sources and have been successful to an extent.
• Engaging with fact-checking tools and verifying the information is also crucial. The information that has been shared on the post needs to be verified through authenticated sources before indulging in the practice of sharing. 
• Being mindful of the potential impact of online activity, including likes and shares is important. The kind of reach that social media users have today is due to several reasons ranging from the content they create, the rate at which they engage with other users etc.  Liking and sharing content might not seem much for an individual user but the impact it has collectively is huge.

Conclusion 

Passive sharing of misinformation, like liking or sharing without verification, amplifies false information, erodes trust in legitimate sources, and deepens social and political divides. It can lead to real-world harm and ethical dilemmas. To combat this, critical evaluation, fact-checking, and mindful online engagement are essential to mitigating this passive spread of misinformation. The small act of “like” or “share” has a much more far-reaching effect than we anticipate and we should be mindful of all our activities on the digital platform. 

References

• https://www.tandfonline.com/doi/full/10.1080/00049530.2022.2113340#summary-abstract 
• https://timesofindia.indiatimes.com/city/thane/badlapur-protest-police-warn-against-spreading-fake-news/articleshow/112750638.cms

‍

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

‍