#FactCheck: Viral video claims Ahmedabad plane crash but actually a Hollywood Movie Clip

Executive Summary: 

A viral post on X (formerly twitter) shared with misleading captions about Gautam Adani being arrested in public for fraud, bribery and corruption. The charges accuse him, his nephew Sagar Adani and 6 others of his group allegedly defrauding American investors and orchestrating a bribery scheme to secure a multi-billion-dollar solar energy project awarded by the Indian government. Always verify claims before sharing posts/photos  as this came out to be AI-generated. 

Claim:

An image circulating of public arrest after a US court accused Gautam Adani and executives of bribery. 

Fact Check:

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There are multiple anomalies as we can see in the picture attached below, (highlighted in red circle) the police officer grabbing Adani’s arm has six fingers. Adani’s other hand is completely absent. The left eye of an officer (marked in blue) is inconsistent with the right. The faces of officers (marked in yellow and green circles) appear distorted, and another officer (shown in pink circle) appears to have a fully covered face. With all this evidence the picture is too distorted for an image to be clicked by a camera.     

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A thorough examination utilizing AI detection software concluded that the image was synthetically produced.

Conclusion:

A viral image circulating of the public arrest of Gautam Adani after a US court accused of bribery. After analysing the image, it is proved to be an AI-Generated image and there is no authentic information in any news articles. Such misinformation spreads fast and can confuse and harm public perception. Always verify the image by checking for visual inconsistency and using trusted sources to confirm authenticity.

• Claim:  Gautam Adani arrested in public by law enforcement agencies
• Claimed On: Instagram and X (Formerly Known As Twitter)
• Fact Check: False and Misleading

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The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf

Introduction

The ongoing armed conflict between Israel and Hamas/ Palestine is in the news all across the world. The latest conflict was triggered by unprecedented attacks against Israel by Hamas militants on October 7, killing thousands of people. Israel has launched a massive counter-offensive against the Islamic militant group. Amid the war, the bad information and propaganda spreading on various social media platforms, tech researchers have detected a network of 67 accounts that posted false content about the war and received millions of views. The ‘European Commission’ has sent a letter to Elon Musk, directing them to remove illegal content and disinformation; otherwise, penalties can be imposed. The European Commission has formally requested information from several social media giants on their handling of content related to the Israel-Hamas war. This widespread disinformation impacts and triggers the nature of war and also impacts the world and affects the goodwill of the citizens. The bad group, in this way, weaponise the information and fuels online hate activity, terrorism and extremism, flooding political polarisation with hateful content on social media. Online misinformation about the war is inciting extremism, violence, hate and different propaganda-based ideologies. The online information environment surrounding this conflict is being flooded with disinformation and misinformation, which amplifies the nature of war and too many fake narratives and videos are flooded on social media platforms.

Response of social media platforms 

As there is a proliferation of online misinformation and violent content surrounding the war, It imposes a question on social media companies in terms of content moderation and other policy shifts.  It is notable that Instagram, Facebook and X(Formerly Twitter) all have certain features in place giving users the ability to decide what content they want to view. They also allow for limiting the potentially sensitive content from being displayed in search results.

The experts say that It is of paramount importance to get a sort of control in this regard and define what is permissible online and what is not, Hence, what is required is expertise to determine the situation, and most importantly, It requires robust content moderation policies. 

During wartime, people who are aggrieved or provoked are often targeted by this internet disinformation that blends ideological beliefs and spreads conspiracy theories and hatred. This is not a new phenomenon, it is often observed that disinformation-spreading groups emerged and became active during such war and emergency times and spread disinformation and propaganda-based ideologies and influence the society at large by misrepresenting the facts and planted stories. Social media has made it easier to post user-generated content without properly moderating it. However, it is a shared responsibility of tech companies, users, government guidelines and policies to collectively define and follow certain mechanisms to fight against disinformation and misinformation.  

Digital Services Act (DSA)

The newly enacted EU law, i.e. Digital Services Act, pushes various larger online platforms to prevent posts containing illegal content and also puts limits on targeted advertising. DSA enables to challenge the of illegal online content and also poses requirements to prevent misinformation and disinformation and ensure more transparency over what the users see on the platforms. Rules under the DSA cover everything from content moderation & user privacy to transparency in operations. DSA is a landmark EU legislation moderating online platforms.  Large tech platforms are now subject to content-related regulation under this new EU law ‘The Digital Services Act’, which also requires them to prevent the spread of misinformation and disinformation and overall ensure a safer online environment.

Indian Scenario

The Indian government introduced the Intermediary Guidelines (Intermediary Guidelines and Digital Media Ethics Code) Rules, updated in 2023 which talks about the establishment of a "fact check unit" to identify false or misleading online content. Digital Personal Data Protection, 2023 has also been enacted which aims to protect personal data. The upcoming Digital India bill is also proposed to be tabled in the parliament, this act will replace the current Information & Technology Act, of 2000. The upcoming Digital India bill can be seen as future-ready legislation to strengthen India’s current cybersecurity posture. It will comprehensively deal with the aspects of ensuring privacy, data protection, and fighting growing cyber crimes in the evolving digital landscape and ensuring a safe digital environment. Certain other entities including civil societies are also actively engaged in fighting misinformation and spreading awareness for safe and responsible use of the Internet. 

Conclusion:

The widespread disinformation and misinformation content amid the Israel-Hamas war showcases how user-generated content on social media shows you the illusion of reality. There is widespread misinformation, misleading content or posts on social media platforms, and misuse of new advanced AI technologies that even make it easier for bad actors to create synthetic media content. It is also notable that social media has connected us like never before. Social media is a great platform with billions of active social media users around the globe, it offers various conveniences and opportunities to individuals and businesses. It is just certain aspects that require the attention of all of us to prevent the bad use of social media. The social media platforms and regulatory authorities need to be vigilant and active in clearly defining and improving the policies for content regulation and safe and responsible use of social media which can effectively combat and curtail the bad actors from misusing social media for their bad motives. As a user, it's the responsibility of users to exercise certain duties and promote responsible use of social media. With the increasing penetration of social media and the internet, misinformation is rampant all across the world and remains a global issue which needs to be addressed properly by implementing strict policies and adopting best practices to fight the misinformation. Users are encouraged to flag and report misinformative or misleading content on social media and should always verify it from authentic sources. Hence creating a safer Internet environment for everyone.

References:

• https://abcnews.go.com/US/experts-fear-hate-extremism-social-media-israel-hamas-war/story?id=104221215
• https://edition.cnn.com/2023/10/14/tech/social-media-misinformation-israel-hamas/index.html
• https://www.nytimes.com/2023/10/13/business/israel-hamas-misinformation-social-media-x.html
• https://www.africanews.com/2023/10/24/fact-check-misinformation-about-the-israel-hamas-war-is-flooding-social-media-here-are-the//
• https://www.theverge.com/23845672/eu-digital-services-act-explained

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