#FactCheck: Viral Photo Shows Sun Ways Project, Incorrectly Linked to Indian Railways

Introduction 

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In the past few decades, technology has rapidly advanced, significantly impacting various aspects of life. Today, we live in a world shaped by technology, which continues to influence human progress and culture. While technology offers many benefits, it also presents certain challenges. It has increased dependence on machines, reduced physical activity, and encouraged more sedentary lifestyles. The excessive use of gadgets has contributed to social isolation. Different age groups experience the negative aspects of the digital world in distinct ways. For example, older adults often face difficulties with digital literacy and accessing information. This makes them more vulnerable to cyber fraud. A major concern is that many older individuals may not be familiar with identifying authentic versus fraudulent online transactions. The consequences of such cybercrimes go beyond financial loss. Victims may also experience emotional distress, reputational harm, and a loss of trust in digital platforms.

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Why Senior Citizens Are A Vulnerable Target 

Digital exploitation involves a variety of influencing tactics, such as coercion, undue influence, manipulation, and frequently some sort of deception, which makes senior citizens easy targets for scammers. Senior citizens have been largely neglected in research on this burgeoning type of digital crime. Many of our parents and grandparents grew up in an era when politeness and trust were very common, making it difficult for them to say “no” or recognise when someone was attempting to scam them. Seniors who struggle with financial stability may be more likely to fall for scams promising financial relief or security. They might encounter obstacles in learning to use new technologies, mainly due to unfamiliarity. It is important to note that these factors do not make seniors weak or incapable. Rather, it is the responsibility of the community to recognise and address the unique vulnerabilities of our senior population and work to prevent them from falling victim to scams. 

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Senior citizens are the most susceptible to social engineering attacks. Scammers may impersonate people, such as family members in distress, government officials, and deceive seniors into sending money or sharing personal information. Some of them are: 

• The grandparent scam 
• Tech support scam
• Government impersonation scams
• Romance scams 
• Digital arrest

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Protecting Senior Citizens from Digital Scams 

As a society, we must focus on educating seniors about common cyber fraud techniques such as impersonation of family members or government officials, the use of fake emergencies, or offers that seem too good to be true. It is important to guide them on how to verify suspicious calls and emails, caution them against sharing personal information online, and use real-life examples to enhance their understanding.

Larger organisations and NGOs can play a key role in protecting senior citizens from digital scams by conducting fraud awareness training, engaging in one-on-one conversations, inviting seniors to share their experiences through podcasts, and organising seminars and workshops specifically for individuals aged 60 and above.

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Safety Tips 

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In today's digital age, safeguarding oneself from cyber threats is crucial for people of all ages. Here are some essential steps everyone should take at a personal level to remain cyber secure: 

1. Ensuring that software and operating systems are regularly updated allows users to benefit from the latest security fixes, reducing their vulnerability to cyber threats.
2. Avoiding the sharing of personal information online is also essential. Monitoring bank statements is equally important, as it helps in quickly identifying signs of potential cybercrime. Reviewing financial transactions and reporting any unusual activity to the bank can assist in detecting and preventing fraud.
3. If suspicious activity is suspected, it is advisable to contact the company directly using a different phone line. This is because cybercriminals can sometimes keep the original line open, leading individuals to believe they are speaking with a legitimate representative. In such cases, attackers may impersonate trusted organisations to deceive users and gain sensitive information.
4. If an individual becomes a victim of cybercrime, they should take immediate action to protect their personal information and seek professional guidance.
5. Stay calm and respond swiftly and wisely. Begin by collecting and preserving all evidence—this includes screenshots, suspicious messages, emails, or any unusual activity. Report the incident immediately to the police or through an official platform like www.cybercrime.gov.in and the helpline number 1930.
6. If financial information is compromised, the affected individual must alert their bank or financial institution without delay to secure their accounts. They should also update passwords and implement two-factor authentication as additional safeguards.

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Conclusion: Collective Action for Cyber Dignity and Inclusion

Elder abuse in the digital age is an invisible crisis. It’s time we bring it into the spotlight and confront it with education, empathy, and collective action. Safeguarding senior citizens from cybercrime necessitates a comprehensive approach that combines education, vigilance, and technological safeguards. By fostering awareness and providing the necessary tools and support, we can empower senior citizens to navigate the digital world safely and confidently. Let us stand together to support these initiatives, to be the guardians our elders deserve, and to ensure that the digital world remains a place of opportunity, not exploitation. 

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REFERENCES -

• https://portal.ct.gov/ag/consumer-issues/hot-scams/the-grandparents-scam
• https://www.fbi.gov/how-we-can-help-you/scams-and-safety/common-frauds-and-scams/tech-support-scams
• https://consumer.ftc.gov/articles/how-avoid-government-impersonation-scam 
• https://www.jpmorgan.com/insights/fraud/fraud-mitigation/helping-your-elderly-and-vulnerable-loved-ones-avoid-the-scammers
• https://www.fbi.gov/how-we-can-help-you/scams-and-safety/common-frauds-and-scams/romance-scams 
• https://www.jpmorgan.com/insights/fraud/fraud-mitigation/helping-your-elderly-and-vulnerable-loved-ones-avoid-the-scammers 

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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

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Introduction

According to Statista, the global artificial intelligence software market is forecast to grow by around 126 billion US dollars by 2025. This will include a 270% increase in enterprise adoption over the past four years. The top three verticals in the Al market are BFSI (Banking, Financial Services, and Insurance), Healthcare & Life Sciences, and Retail & e-commerce. These sectors benefit from vast data generation and the critical need for advanced analytics. Al is used for fraud detection, customer service, and risk management in BFSI; diagnostics and personalised treatment plans in healthcare; and retail marketing and inventory management.

The Chairperson of the Competition Commission of India’s Chief, Smt. Ravneet Kaur raised a concern that Artificial Intelligence has the potential to aid cartelisation by automating collusive behaviour through predictive algorithms. She explained that the mere use of algorithms cannot be anti-competitive but in case the algorithms are manipulated, then that is a valid concern about competition in markets.

This blog focuses on how policymakers can balance fostering innovation and ensuring fair competition in an AI-driven economy. 

What is the Risk Created by AI-driven Collusion?

AI uses predictive algorithms, and therefore, they could lead to aiding cartelisation by automating collusive behaviour. AI-driven collusion could be through:

• The use of predictive analytics to coordinate pricing strategies among competitors.
• The lack of human oversight in algorithm-induced decision-making leads to tacit collusion (competitors coordinate their actions without explicitly communicating or agreeing to do so).

AI has been raising antitrust concerns and the most recent example is the partnership between Microsoft and OpenAI, which has raised concerns among other national competition authorities regarding potential competition law issues. While it is expected that the partnership will potentially accelerate innovation, it also raises concerns about potential anticompetitive effects such as market foreclosure or the creation of barriers to entry for competitors and, therefore, has been under consideration in the German and UK courts. The problem here is in detecting and proving whether collusion is taking place. 

The Role of Policy and Regulation

The uncertainties induced by AI regarding its effects on competition create the need for algorithmic transparency and accountability in mitigating the risks of AI-driven collusion. It leads to the need to build and create regulatory frameworks that mandate the disclosure of algorithmic methodologies and establish a set of clear guidelines for the development of AI and its deployment. These frameworks or guidelines should encourage an environment of collaboration between competition watchdogs and AI experts. 

The global best practices and emerging trends in AI regulation already include respect for human rights, sustainability, transparency and strong risk management. The EU AI Act could serve as a model for other jurisdictions, as it outlines measures to ensure accountability and mitigate risks. The key goal is to tailor AI regulations to address perceived risks while incorporating core values such as privacy, non-discrimination, transparency, and security.

Promoting Innovation Without Stifling Competition

Policymakers need to ensure that they balance regulatory measures with innovation scope and that the two priorities do not hinder each other. 

1. Create adaptive and forward-thinking regulatory approaches to keep pace with technological advancements that take place at the pace of development and allow for quick adjustments in response to new AI capabilities and market behaviours.n
2. Competition watchdogs need to recruit domain experts to assess competition amid rapid changes in the technology landscape. Create a multi-stakeholder approach that involves regulators, industry leaders, technologists and academia who can create inclusive and ethical AI policies. 
3. Businesses can be provided incentives such as recognition through certifications, grants or benefits in acknowledgement of adopting ethical AI practices. 
4. Launch studies such as the CCI’s market study to study the impact of AI on competition. This can lead to the creation of a driving force for sustainable growth with technological advancements. 

Conclusion: AI and the Future of Competition

We must promote a multi-stakeholder approach that enhances regulatory oversight, and incentivising ethical AI practices. This is needed to strike a delicate balance that safeguards competition and drives sustainable growth. As AI continues to redefine industries, embracing collaborative, inclusive, and forward-thinking policies will be critical to building an equitable and innovative digital future. 

The lawmakers and policymakers engaged in the drafting of the frameworks need to ensure that they are adaptive to change and foster innovation. It is necessary to note that fair competition and innovation are not mutually exclusive goals, they are complementary to each other. Therefore, a regulatory framework that promotes transparency, accountability, and fairness in AI deployment must be established.

References

• https://www.thehindu.com/sci-tech/technology/ai-has-potential-to-aid-cartelisation-fair-competition-integral-for-sustainable-growth-cci-chief/article69041922.ece 
• https://www.marketsandmarkets.com/Market-Reports/artificial-intelligence-market-74851580.html 
• https://www.ey.com/en_in/insights/ai/how-to-navigate-global-trends-in-artificial-intelligence-regulation#:~:text=Six%20regulatory%20trends%20in%20Artificial%20Intelligence&text=These%20include%20respect%20for%20human,based%20approach%20to%20AI%20regulation. ‍
• https://www.business-standard.com/industry/news/ai-has-potential-to-aid-fair-competition-for-sustainable-growth-cci-chief-124122900221_1.html