#Factcheck-Viral Image of Men Riding an Elephant Next to a Tiger in Bihar is Misleading

Introduction

In September 2024, the Australian government announced the  Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 ( CLA Bill 2024 hereon), to provide new powers to the Australian Communications and Media Authority (ACMA), the statutory regulatory body for Australia's communications and media infrastructure, to combat online misinformation and disinformation. It proposed allowing the ACMA to hold digital platforms accountable for the “seriously harmful mis- and disinformation” being spread on their platforms and their response to it, while also balancing freedom of expression. However, the Bill was subsequently withdrawn, primarily over concerns regarding the possibility of censorship by the government. This development is reflective of the global contention on the balance between misinformation regulation and freedom of speech. 

Background and Key Features of the Bill

According to the BBC’s Global Minds Survey of 2023, nearly 73% of Australians struggled to identify fake news and AI-generated misinformation. There has been a substantial rise in misinformation on platforms like Facebook, Twitter, and TikTok since the COVID-19 pandemic, especially during major events like the bushfires of 2020 and the 2022 federal elections. The government’s campaign against misinformation was launched against this background, with the launch of The Australian Code of Practice on Disinformation and Misinformation in 2021. The main provisions of the CLA Bill, 2024 were: 

1. Core Transparency Obligations of Digital Media Platforms: Publishing current media literacy plans,  risk assessment reports, and policies or information on their approach to addressing mis- and disinformation. The ACMA would also be allowed to make additional rules regarding complaints and dispute-handling processes.
2. Information Gathering and Record-Keeping Powers: The ACMA would form rules allowing it to gather consistent information across platforms and publish it. However, it would not have been empowered to gather and publish user information except in limited circumstances.
3. Approving Codes and Making Standards: The ACMA would have powers to approve codes developed by the industry and make standards regarding reporting tools, links to authoritative information, support for fact-checking, and demonetisation of disinformation. This would make compliance mandatory for relevant sections of the industry. 
4. Parliamentary Oversight: The transparency obligations, codes approved and standards set by ACMA under the Bill would be subject to parliamentary scrutiny and disallowance. ACMA would be required to report to the Parliament annually. 
5. Freedom of Speech Protections: End-users would not be required to produce information for ACMA unless they are a person providing services to the platform, such as its employees or fact-checkers. Further,  it would not be allowed to call for removing content from platforms unless it involved inauthentic behavior such as bots. 
6. Penalties for Non-Compliance: ACMA would be required to employ a “graduated, proportionate and risk-based approach” to non-compliance and enforcement in the form of formal warnings, remedial directions, injunctions, or significant civil penalties as decided by the courts, subject to review by the Administrative Review Tribunal (ART). No criminal penalties would be imposed.

Key Concerns

• Inadequacy of Freedom of Speech Protections: The biggest contention on this Bill has been regarding the issue of possible censorship, particularly of alternative opinions that are crucial to the health of a democratic system. To protect the freedom of speech, the Bill defined mis- and disinformation, what constitutes “serious harm” (election interference, harming public health, etc.), and what would be excluded from its scope. However, reservations among the Opposition persisted due to the lack of a clear mechanism to protect divergent opinions from the purview of this Bill. 
• Efficacy of Regulatory Measures: Many argue that by allowing the digital platform industry to make its codes, this law lets it self-police. Big Tech companies have no incentive to curb misinformation effectively since their business models allow them to reap financial benefits from the rampant spread of misinformation. Unless there are financial non- or dis- incentives to curb misinformation, Big Tech is not likely to address the situation at war footing.  Thus, this law would run the risk of being toothless. Secondly, the Bill did not require platforms to report on the “prevalence of” false content which, along with other metrics,  is crucial for researchers and legislators to track the efficacy of the current misinformation-curbing practices employed by platforms.  
• Threat of Government Overreach:  The Bill sought to expand the ACMA’s compliance and enforcement powers concerning misinformation and disinformation on online communication platforms by giving it powers to form rules on information gathering, code registration, standard-making powers, and core transparency obligations. However, even though the ACMA as a regulatory authority is answerable to the Parliament, the Bill was unclear in defining limits to these powers. This raised concerns from civil society about potential government overreach in a domain filled with contextual ambiguities regarding information.

Conclusion

While the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill sought to equip the ACMA with tools to hold digital platforms accountable and mitigate the harm caused by false information, its critique highlights the complexities of regulating such content without infringing on freedom of speech. Legislations and proposals regarding the matter all over the world are having to contend with this challenge. Globally, legislation and proposals addressing this issue face similar challenges, emphasizing the need for a continuous discourse at the intersection of platform accountability, regulatory restraint, and the protection of diverse viewpoints.

To regulate Big Tech effectively, governments can benefit from adopting a consultative, incremental, and cooperative approach, as exemplified by the European Union’s Digital Services Act 2023. Such a framework provides for a balanced response, fostering accountability while safeguarding democratic freedoms.

Resources

• https://www.infrastructure.gov.au/sites/default/files/documents/factsheet-misinformation-disinformation-bill.pdf 
• https://www.infrastructure.gov.au/have-your-say/new-acma-powers-combat-misinformation-and-disinformation 
• https://www.mi-3.com.au/07-02-2024/over-80-australians-feel-they-may-have-fallen-fake-news-says-bbc 
• https://www.hrlc.org.au/news/misinformation-inquiry 
• https://humanrights.gov.au/our-work/legal/submission/combatting-misinformation-and-disinformation-bill-2024 
• https://www.sbs.com.au/news/article/what-is-the-misinformation-bill-and-why-has-it-triggered-worries-about-freedom-of-speech/4n3ijebde 
• https://www.hrw.org/report/2023/06/14/no-internet-means-no-work-no-pay-no-food/internet-shutdowns-deny-access-basic#:~:text=The%20Telegraph%20Act%20allows%20authorities,preventing%20incitement%20to%20the%20commission 
• https://www.hrlc.org.au/submissions/2024/11/8/submission-combatting-misinformation?utm_medium=email&utm_campaign=Media%20Release%20Senate%20Committee%20to%20hear%20evidence%20calling%20for%20Albanese%20Government%20to%20regulate%20and%20hold%20big%20tech%20accountable%20for%20misinformation&utm_content=Media%20Release%20Senate%20Committee%20to%20hear%20evidence%20calling%20for%20Albanese%20Government%20to%20regulate%20and%20hold%20big%20tech%20accountable%20for%20misinformation+Preview+CID_31c6d7200ed9bd2f7f6f596ba2a8b1fb&utm_source=Email%20campaign&utm_term=Read%20the%20Human%20Rights%20Law%20Centres%20submission%20to%20the%20inquiry

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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.

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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.

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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.

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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

Executive Summary:

A number of false information is spreading across social media networks after the users are sharing the mistranslated video with Indian Hindus being congratulated by Italian Prime Minister Giorgia Meloni on the inauguration of Ram Temple in Ayodhya under Uttar Pradesh state. Our CyberPeace Research Team’s investigation clearly reveals that those allegations are based on false grounds. The true interpretation of the video that actually is revealed as Meloni saying thank you to those who wished her a happy birthday.

Claims:

A X (Formerly known as Twitter) user’ shared a 13 sec video where Italy Prime Minister Giorgia Meloni speaking in Italian and user claiming to be congratulating India for Ram Mandir Construction, the caption reads, 

“Italian PM Giorgia Meloni Message to Hindus for Ram Mandir #RamMandirPranPratishta. #Translation : Best wishes to the Hindus in India and around the world on the Pran Pratistha ceremony. By restoring your prestige after hundreds of years of struggle, you have set an example for the world. Lots of love.”

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Fact Check:

The CyberPeace Research team tried to translate the Video in Google Translate. First, we took out the transcript of the Video using an AI transcription tool and put it on Google Translate; the result was something else.

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The Translation reads, “Thank you all for the birthday wishes you sent me privately with posts on social media, a lot of encouragement which I will treasure, you are my strength, I love you.”

With this we are sure that it was not any Congratulations message but a thank you message for all those who sent birthday wishes to the Prime Minister. 

We then did a reverse Image Search of frames of the Video and found the original Video on the Prime Minister official X Handle uploaded on 15 Jan, 2024 with caption as, “Grazie. Siete la mia” Translation reads, “Thank you. You are my strength!”

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Conclusion:

The 13 Sec video shared by a user had a great reach at X as a result many users shared the Video with Similar Caption. A Misunderstanding starts from one Post and it spreads all. The Claims made by the X User in Caption of the Post is totally misleading and has no connection with the actual post of Italy Prime Minister Giorgia Meloni speaking in Italian. Hence, the Post is fake and Misleading.

• Claim:  Italian Prime Minister Giorgia Meloni congratulated Hindus in the context of Ram Mandir
• Claimed on: X
• Fact Check: Fake

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