#FactCheck-AI-Generated Graphic Falsely Claims Union Education Minister Dharmendra Pradhan Will Resign on July 22.

Introduction

India's broadcasting sector has undergone significant changes in recent years with technological advancements such as the introduction of new platforms like Direct-to-Home (DTH), Internet Protocol television (IPTV), Over-The-Top (OTT), and integrated models. Platform changes, emerging technologies and advancements in the advertising space have all necessitated the need for new governing laws that take these developments into account. 

The Union Government and concerned ministry have realised there is a pressing need to develop a robust regulatory framework for the Indian broadcasting sector in the country and consequently, a draft Broadcasting Services (Regulation) Bill, 2023, was released in November 2023 and the Union Ministry of Information and Broadcasting (MIB) had invited feedback and comments from different stakeholders. The draft Bill aims to establish a unified framework for regulating broadcasting services in the country, replacing the current Cable Television Networks (Regulation) Act, 1995 and other policy guidelines governing broadcasting.

Recently a new draft of an updated ‘Broadcasting Services (Regulation) Bill, 2024,’ was shared with selected broadcasters, associations, streaming services, and tech firms, each marked with their identifier to prevent leaks. 

Key Highlights of the Updated Broadcasting Bill 

As per the recent draft of the Broadcasting Services (Regulation) Bill, 2024, social media accounts could be identified as ‘Digital News Broadcasters’ and can be classified within the ambit of the regulation. Some of the major aspects of the new bill were first reported by Hindustan Times. 

The new draft of the Broadcasting Services (Regulation) Bill, 2024, proposes that individuals who regularly upload videos to social media, make podcasts, or write about current affairs online could be classified as Digital News Broadcasters. This entails that YouTubers and Instagrammers who receive a share of advertising revenue or monetize their social media presence through affiliate activities will be regulated as Digital News Broadcasters. This includes channels, podcasts, and blogs that cover news and utilise Google AdSense. They must comply with a Programme Code and Advertising Code.

Online content creators who do not provide news or current affairs but provide programming and curated programs beyond a certain threshold will be treated as OTT broadcasters in case they provide content licensed or live through a website or social media platform.

The new version also introduces new obligations for intermediaries and social media intermediaries related to streaming services and digital news broadcasters, and, in contrast to the last version circulated in 2023, the latest also carries provisions targeting online advertising. In the context of streaming services, OTT broadcasting services are no longer a part of the definition of "internet broadcasting services." The definition of OTT broadcasting service has also been revised, allowing content creators who regularly upload their content to social media to be considered as OTT broadcasting services.

The new definition of an 'intermediary' includes social media intermediaries, advertisement intermediaries, internet service providers, online search engines, and online marketplaces. 

The new Bill allows the government to prescribe different due diligence guidelines for social media platforms and online advertisement intermediaries and requires all intermediaries to provide appropriate information, including information pertaining to the OTT broadcasters and Digital News Broadcasters on their platform, to the central government to ensure compliance with the act. This entails the liability provisions for social media intermediaries which do not provide information “pertaining to OTT Broadcasters and Digital News Broadcasters” on its platforms for compliance. This suggests that when information is sought about a YouTube, Instagram or X/Twitter user, the platform will need to provide this information to the Indian government.

A new draft bill contains specific provisions governing ‘Online Advertising’ and to do so it creates the category of 'advertising intermediaries'. These intermediaries enable the buying or selling of advertisement space on the internet or placing advertisements on online platforms without endorsing the advertisement. 

Final Words

The Indian Ministry of Information and Broadcasting (MIB) is making efforts to propose robust regulatory changes to the country's new-age broadcast sector, which would cover the specific provisions for Digital News Broadcasters, OTT Broadcasters and Intermediaries. The proposed bill defining the scope and obligation of each. 

However, these changes will have significant implications for press and creative freedom. The changes in the new version of the updated bill from its previous draft expanded the applicability of the bill to a larger number of key actors, this move brought ‘content creators’ under the definition of OTT or digital news broadcasters, which raises concerns about overly rigid provisions and might face criticism from media representative perspectives. 

According to recent media reports, the Broadcasting Services (Regulation) Bill, 2024 version has been withdrawn by the I&B ministry facing criticism from relevant stakeholders.

The ministry must take due consideration and feedback from concerned stakeholders and place reliance on balancing individual rights while promoting a healthy regulated landscape considering the needs of the new-age broadcasting sector.

References:

1. https://www.medianama.com/2024/07/223-india-broadcast-bill-online-creators/#:~:text=Online%20content%20creators%20that%20do,or%20a%20social%20media%20platform.
2. https://www.hindustantimes.com/india-news/new-draft-of-broadcasting-bill-news-influencers-may-be-classified-as-broadcasters-101721961764666.html
3. https://www.hindustantimes.com/india-news/broadcasting-bill-still-in-drafting-stage-mib-tells-rs-101722058753083.html
4. https://www.newslaundry.com/2024/07/29/indias-new-broadcast-bill-now-has-compliance-requirements-for-youtubers-and-instagrammers
5. https://m.thewire.in/article/media/social-media-videos-text-digital-news-broadcasting-bill
6. https://mib.gov.in/sites/default/files/Public%20Notice_07.12.2023.pdf
7. https://news.abplive.com/news/india/centre-withdraws-draft-of-broadcasting-services-regulation-bill-1709770

‍

In the rich history of humanity, the advent of artificial intelligence (AI) has added a new, delicate aspect. The aspect of promising technological advancement has the potential to either enrich the nest of our society or destroy it entirely. The latest straw in this complex nest is generative AI, a frontier teeming with both potential and perils. It is a realm where the ethereal concepts of cyber peace and resilience are not just theoretical constructs but tangible necessities.

The spectre of generative AI looms large over the digital landscape, casting a long shadow on the sanctity of data privacy and the integrity of political processes. The seeds of this threat were sown in the fertile soil of the Cambridge Analytica scandal of 2018, a watershed moment that unveiled the extent to which personal data could be harvested and utilized to influence electoral outcomes. However despite the indignation, the scandal resulted in meagre alterations to modus operandi of digital platforms.

Fast forward to the present day, and the spectre has only grown more ominous. A recent report by Human Rights Watch has shed light on the continued exploitation of data-driven campaigning in Hungary's re-election of Viktor Orbán. The report paints a chilling picture of political parties leveraging voter databases for targeted social media advertising, with the ruling Fidesz party even resorting to the unethical use of public service data to bolster its voter database.

The Looming Threat of Disinformation

As we stand on the precipice of 2024, a year that will witness over 50 countries holding elections, the advancements in generative AI could exponentially amplify the ability of political campaigns to manipulate electoral outcomes. This is particularly concerning in countries where information disparities are stark, providing fertile ground for the seeds of disinformation to take root and flourish.

The media, the traditional watchdog of democracy, has already begun to sound the alarm about the potential threats posed by deepfakes and manipulative content in the upcoming elections. The limited use of generative AI in disinformation campaigns has raised concerns about the enforcement of policies against generating targeted political materials, such as those designed to sway specific demographic groups towards a particular candidate.

Yet, while the threat of bad actors using AI to generate and disseminate disinformation is real and present, there is another dimension that has largely remained unexplored: the intimate interactions with chatbots. These digital interlocutors, when armed with advanced generative AI, have the potential to manipulate individuals without any intermediaries. The more data they have about a person, the better they can tailor their manipulations.

Root of the Cause 

To fully grasp the potential risks, we must journey back 30 years to the birth of online banner ads. The success of the first-ever banner ad for AT&T, which boasted an astounding 44% click rate, birthed a new era of digital advertising. This was followed by the advent of mobile advertising in the early 2000s. Since then, companies have been engaged in a perpetual quest to harness technology for manipulation, blurring the lines between commercial and political advertising in cyberspace.

Regrettably, the safeguards currently in place are woefully inadequate to prevent the rise of manipulative chatbots. Consider the case of Snapchat's My AI generative chatbot, which ostensibly assists users with trivia questions and gift suggestions. Unbeknownst to most users, their interactions with the chatbot are algorithmically harvested for targeted advertising. While this may not seem harmful in its current form, the profit motive could drive it towards more manipulative purposes.

If companies deploying chatbots like My AI face pressure to increase profitability, they may be tempted to subtly steer conversations to extract more user information, providing more fuel for advertising and higher earnings. This kind of nudging is not clearly illegal in the U.S. or the EU, even after the AI Act comes into effect. The market size of AI in India is projected to touch US$4.11bn in 2023. 

Taking this further, chatbots may be inclined to guide users towards purchasing specific products or even influencing significant life decisions, such as religious conversions or voting choices. The legal boundaries here remain unclear, especially when manipulation is not detectable by the user. 

The Crucial Dos/Dont's 

It is crucial to set rules and safeguards in order to manage the possible threats related to manipulative chatbots in the context of the general election in 2024.

First and foremost, candor and transparency are essential. Chatbots, particularly when employed for political or electoral matters, ought to make it clear to users what they are for and why they are automated. By being transparent, people are guaranteed to be aware that they are interacting with automated processes.

Second, getting user consent is crucial. Before collecting user data for any reason, including advertising or political profiling, users should be asked for their informed consent. Giving consumers easy ways to opt-in and opt-out gives them control over their data.

Furthermore, moral use is essential. It's crucial to create an ethics code for chatbot interactions that forbids manipulation, disseminating false information, and trying to sway users' political opinions. This guarantees that chatbots follow moral guidelines.

In order to preserve transparency and accountability, independent audits need to be carried out. Users might feel more confident knowing that chatbot behavior and data collecting procedures are regularly audited by impartial third parties to ensure compliance with legal and ethical norms.

Important "don'ts" to take into account. Coercion and manipulation ought to be outlawed completely. Chatbots should refrain from using misleading or manipulative approaches to sway users' political opinions or religious convictions.

Another hazard to watch out for is unlawful data collecting. Businesses must obtain consumers' express agreement before collecting personal information, and they must not sell or share this information for political reasons.

At all costs, one should steer clear of fake identities. Impersonating people or political figures is not something chatbots should do because it can result in manipulation and false information.

It is essential to be impartial. Bots shouldn't advocate for or take part in political activities that give preference to one political party over another. In encounters, impartiality and equity are crucial.

Finally, one should refrain from using invasive advertising techniques. Chatbots should ensure that advertising tactics comply with legal norms by refraining from displaying political advertisements or messaging without explicit user agreement.

Present Scenario

As we approach the critical 2024 elections and generative AI tools proliferate faster than regulatory measures can keep pace, companies must take an active role in building user trust, transparency, and accountability. This includes comprehensive disclosure about a chatbot's programmed business goals in conversations, ensuring users are fully aware of the chatbot's intended purposes.

To address the regulatory gap, stronger laws are needed. Both the EU AI Act and analogous laws across jurisdictions should be expanded to address the potential for manipulation in various forms. This effort should be driven by public demand, as the interests of lawmakers have been influenced by intensive Big Tech lobbying campaigns.

At present, India doesn’t have any specific laws pertaining to AI regulation. Ministry of Electronics and Information Technology (MEITY), is the executive body responsible for AI strategies and is constantly working towards a policy framework for AI. The Niti Ayog has presented seven principles for responsible AI which includes equality , inclusivity, safety, privacy, transparency, accountability, dependability and protection of positive human values.

Conclusion 

We are at a pivotal juncture in history. As generative AI gains more power, we must proactively establish effective strategies to protect our privacy, rights and democracy. The public's waning confidence in Big Tech and the lessons learned from the techlash underscore the need for stronger regulations that hold tech companies accountable. Let's ensure that the power of generative AI is harnessed for the betterment of society and not exploited for manipulation.

Reference

McCallum, B. S. (2022, December 23). Meta settles Cambridge Analytica scandal case for $725m. BBC News. https://www.bbc.com/news/technology-64075067

Hungary: Data misused for political campaigns. (2022, December 1). Human Rights Watch. https://www.hrw.org/news/2022/12/01/hungary-data-misused-political-campaigns

Statista. (n.d.). Artificial Intelligence - India | Statista Market forecast. https://www.statista.com/outlook/tmo/artificial-intelligence/india

In the vast, uncharted territories of the digital world, a sinister phenomenon is proliferating at an alarming rate. It's a world where artificial intelligence (AI) and human vulnerability intertwine in a disturbing combination, creating a shadowy realm of non-consensual pornography. This is the world of deepfake pornography, a burgeoning industry that is as lucrative as it is unsettling.

According to a recent assessment, at least 100,000 deepfake porn videos are readily available on the internet, with hundreds, if not thousands, being uploaded daily. This staggering statistic prompts a chilling question: what is driving the creation of such a vast number of fakes? Is it merely for amusement, or is there a more sinister motive at play?

Recent Trends and Developments 

An investigation by India Today’s Open-Source Intelligence (OSINT) team reveals that deepfake pornography is rapidly morphing into a thriving business. AI enthusiasts, creators, and experts are extending their expertise, investors are injecting money, and even small financial companies to tech giants like Google, VISA, Mastercard, and PayPal are being misused in this dark trade. Synthetic porn has existed for years, but advances in AI and the increasing availability of technology have made it easier—and more profitable—to create and distribute non-consensual sexually explicit material. The 2023 State of Deepfake report by Home Security Heroes reveals a staggering 550% increase in the number of deepfakes compared to 2019. 

What’s the Matter with Fakes? 

But why should we be concerned about these fakes? The answer lies in the real-world harm they cause. India has already seen cases of extortion carried out by exploiting deepfake technology. An elderly man in UP’s Ghaziabad, for instance, was tricked into paying Rs 74,000 after receiving a deep fake video of a police officer. The situation could have been even more serious if the perpetrators had decided to create deepfake porn of the victim.

The danger is particularly severe for women. The 2023 State of Deepfake Report estimates that at least 98 percent of all deepfakes is porn and 99 percent of its victims are women. A study by Harvard University refrained from using the term “pornography” for creating, sharing, or threatening to create/share sexually explicit images and videos of a person without their consent. “It is abuse and should be understood as such,” it states.

Based on interviews of victims of deepfake porn last year, the study said 63 percent of participants talked about experiences of “sexual deepfake abuse” and reported that their sexual deepfakes had been monetised online. It also found “sexual deepfake abuse to be particularly harmful because of the fluidity and co-occurrence of online offline experiences of abuse, resulting in endless reverberations of abuse in which every aspect of the victim’s life is permanently disrupted”.

Creating deepfake porn is disturbingly easy. There are largely two types of deepfakes: one featuring faces of humans and another featuring computer-generated hyper-realistic faces of non-existing people. The first category is particularly concerning and is created by superimposing faces of real people on existing pornographic images and videos—a task made simple and easy by AI tools.

During the investigation, platforms hosting deepfake porn of stars like Jennifer Lawrence, Emma Stone, Jennifer Aniston, Aishwarya Rai, Rashmika Mandanna to TV actors and influencers like Aanchal Khurana, Ahsaas Channa, and Sonam Bajwa and Anveshi Jain were encountered. It takes a few minutes and as little as Rs 40 for a user to create a high-quality fake porn video of 15 seconds on platforms like FakeApp and FaceSwap.

The Modus Operandi 

These platforms brazenly flaunt their business association and hide behind frivolous declarations such as: the content is “meant solely for entertainment” and “not intended to harm or humiliate anyone”. However, the irony of these disclaimers is not lost on anyone, especially when they host thousands of non-consensual deepfake pornography.

As fake porn content and its consumers surge, deepfake porn sites are rushing to forge collaborations with generative AI service providers and have integrated their interfaces for enhanced interoperability. The promise and potential of making quick bucks have given birth to step-by-step guides, video tutorials, and websites that offer tools and programs, recommendations, and ratings.

Nearly 90 per cent of all deepfake porn is hosted by dedicated platforms that charge for long-duration premium fake content and for creating porn—of whoever a user wants, and take requests for celebrities. To encourage them further, they enable creators to monetize their content.

One such website, Civitai, has a system in place that pays “rewards” to creators of AI models that generate “images of real people'', including ordinary people. It also enables users to post AI images, prompts, model data, and LoRA (low-rank adaptation of large language models) files used in generating the images. Model data designed for adult content is gaining great popularity on the platform, and they are not only targeting celebrities. Common people are equally susceptible.

Access to premium fake porn, like any other content, requires payment. But how can a gateway process payment for sexual content that lacks consent? It seems financial institutes and banks are not paying much attention to this legal question. During the investigation, many such websites accepting payments through services like VISA, Mastercard, and Stripe were found.

Those who have failed to register/partner with these fintech giants have found a way out. While some direct users to third-party sites, others use personal PayPal accounts to manually collect money in the personal accounts of their employees/stakeholders, which potentially violates the platform's terms of use that ban the sale of “sexually oriented digital goods or content delivered through a digital medium.”

 Among others, the MakeNude.ai web app – which lets users “view any girl without clothing” in “just a single click” – has an interesting method of circumventing restrictions around the sale of non-consensual pornography. The platform has partnered with Ukraine-based Monobank and Dublin’s BetaTransfer Kassa which operates in “high-risk markets”.

BetaTransfer Kassa admits to serving “clients who have already contacted payment aggregators and received a refusal to accept payments, or aggregators stopped payments altogether after the resource was approved or completely freeze your funds”. To make payment processing easy, MakeNude.ai seems to be exploiting the donation ‘jar’ facility of Monobank, which is often used by people to donate money to Ukraine to support it in the war against Russia.

The Indian Scenario 

India currently is on its way to design dedicated legislation to address issues arising out of deepfakes. Though existing general laws requiring such platforms to remove offensive content also apply to deepfake porn. However, persecution of the offender and their conviction is extremely difficult for law enforcement agencies as it is a boundaryless crime and sometimes involves several countries in the process.

A victim can register a police complaint under provisions of Section 66E and Section 66D of the IT Act, 2000. Recently enacted Digital Personal Data Protection Act, 2023 aims to protect the digital personal data of users. Recently Union Government issued an advisory to social media intermediaries to identify misinformation and deepfakes. Comprehensive law promised by Union IT minister Ashwini Vaishnav will be able to address these challenges.

Conclusion 

In the end, the unsettling dance of AI and human vulnerability continues in the dark web of deepfake pornography. It's a dance that is as disturbing as it is fascinating, a dance that raises questions about the ethical use of technology, the protection of individual rights, and the responsibility of financial institutions. It's a dance that we must all be aware of, for it is a dance that affects us all.

References

• https://www.indiatoday.in/india/story/deepfake-porn-artificial-intelligence-women-fake-photos-2471855-2023-12-04
• https://www.hindustantimes.com/opinion/the-legal-net-to-trap-peddlers-of-deepfakes-101701520933515.html
• https://indianexpress.com/article/opinion/columns/with-deepfakes-getting-better-and-more-alarming-seeing-is-no-longer-believing/