#FactCheck: Viral Video Showing Pakistan Shot Down Indian Air Force' MiG-29 Fighter Jet

Introduction

In today's relentless current of information, where social media is oftentimes both the stage and the playwright, the line between reality and spectacle can become distressingly blurry. In such a virtual Pantheon, the conflation of truth and fiction has recently surfaced in a particularly contentious instance. The central figure is Poonam Pandey, an entertainment personality known for transgressing traditional contours of celebrity boldness. Pandey found herself ensnared in a narrative of her own orchestration—a grim hoax purporting she had succumbed to cervical cancer. This deceptive foray, rather than awakening public consciousness as intended, spiralled into an ominous fable about the malignant spread of misinformation and the profound moral dilemmas it engenders.

The Deception

The tapestry of this event was woven with threads of tragedy and deception, framing Pandey both as the tragic hero and the ill-fated architect of a spectacle that unfolded with a haunting familiarity evocative of ancient Greek dramas. The monumental pillar of social media, on what seemed to be an ordinary day, was shattered by the startling declaration of Pandey's untimely passing. The statement, as bereft of nuance as it was devastating, proclaimed: 'We are deeply grieved to announce the loss of our cherished Poonam to cervical cancer.' The emotional pulse of the Indian Film Industry was jolted; waves of homage inundated the digital space, each tribute a poignant echo of the shock that rippled through her fanbase. Yet the crux of the matter had yet to be unveiled.

As the world grappled with this news, the scenario took an unforeseen detour. Poonam Pandey made a re-entrance onto the world stage, alive, revealing her alleged demise to be nothing more than a macabre masquerade. The public's reaction to this revelation was a stratified symphony of emotions—indignation mingled with disbelief, with an underlying crescendo of betrayal. Pandey's defense postured her act as a last resort to draw attention to the silent yet pervasive threat of cervical cancer. In the ensuing mire of reactions, an inescapable quandary emerged: is it ever permissible to employ deceit for the sake of presumed publicity?

The Chaos 

Satyajeet Tambe, an esteemed Maharashtra legislator, emerged amidst the churning chaos as a paragon of principled reason. Advocating that such mendacious stunts, playing the chords of public emotion and adulterating truth, should be met with legal repercussions, Tambe called for judicious action against Pandey. His imploration resonated with the necessity of integrity in the public domain, stating, 'The announcement of an influencer/model succumbing to cervical cancer should not be wielded as a tool for awareness.' His pronouncement sent reverberations through the collective conscience, echoing the need for accountability in the face of such transgressions.

Repercussion 

The All Indian Cine Workers Association, a custodian of the film industry's values, also voiced its reproach. They urged for an FIR to be lodged against Poonam Pandey, underlining their sentiments with disappointment and a keen sense of betrayal. Within their condemnation lay a profound recognition of the elevated emotional investment inherent in their industry—an industry where the reverence for life and the abhorrence of deceit intertwine, making the cultivation of such lowly stunts anathema.

This spectacle, while unique in the temerity of its execution, mirrors the broader pathological wave of misinformation that corrodes the foundations of our digital era: the malady of fake news. When delineated, fake news finds its essence as information chiselled specifically to deceive, a form of communication that is not merely slanted but entirely devoid of authenticity, manufactured with nefarious intent. A protean adversary, fake news adeptly masquerades as trustworthy news, ensnaring the unsuspecting in its tendrils. Its purveyors span a spectrum—from shadowy figures to ostensibly benign social media accounts—all contributing to a dystopian fabric where truth is persistently imperilled.

The conjurers of these illusions are, in a sense, cunning illusionists ensconced behind curtains of anonymity or masquerading under a cloak of transparency. They craft elaborate illusions devoid of truth, but dripping with sufficient plausibility to ensnare those who yearn for simplicity in an increasingly complex world. Destabilizing forces, such as hyper partisan media outlets, regurgitate a concoction of concocted 'facts' and distortions, deliberately smudging the once-clear line between empirical truth and partisan fabrication.

The Aftermath 

The Poonam Pandey episode stands as a harrowing beacon of the ethical abyss we face. It compels us to confront the irony of utilising falsity to raise awareness for laudable causes and considers the ramifications for public figures influencing the dissemination of information. The tempest around this event demonstrates the potent gravitational pull of information and the overarching need for the conscientious stewardship of its power.

Yet, as we sail through the murky waters of the digital expanse, where the allure of sensationalism and clickbait headlines is ever-present, our vigilance must not wane. The imperative of truth cannot come at the altar of awareness or sensationalism. The sanctity of fact anchors our understanding of reality; devoid of it, we are adrift in an ocean of confusion and misinformation.

In the dust settled after the Poonam Pandey debacle, the contours of a new discourse have emerged, harboring vital interrogations. How do we balance the drive for poignant awareness initiatives against the cardinal principle of truth? What mechanisms can ensure that health campaigns and their noble aspirations are not tainted by the allure of deception? Addressing these queries is not a solitary task for policymakers or influencers but, indeed, a collective societal responsibility that will define our cultural ethics and the legacy we wish to preserve.

Conclusion 

As we contemplate the broader implications of this incident, let us not allow its sensational nature to eclipse the very real and pressing issue of cervical cancer—a condition that, beyond the glare of controversy, continues to shadow lives with its lethal silence. Instead, let our focus pivot towards tangible, truth-driven efforts aimed at education and empowerment. Truth, after all, is the beacon that dispels the murky shadows of ignorance and guides us toward enlightenment and healing.

References 

• https://www.hindustantimes.com/india-news/poonam-pandey-in-trouble-as-maharashtra-politician-seeks-case-for-faking-her-death-101707005742992.html
• https://www.nagpurtoday.in/state-mlc-tambe-demands-police-action-against-poonam-pandey-for-faking-her-death/02051417

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Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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Introduction

The Supreme Court of India recently ruled that telecom companies cannot be debarred from reissuing the deactivated numbers to a new subscriber. Notably, such reallocation of deactivated numbers is allowed only after the expiration of the period of 90 days. The Apex Court of India also mentioned that it is the responsibility of the user to delete their associated data with their number or any WhatsApp account data to ensure privacy. The  Centre has recently also blocked 22 apps which were part of unlawful operations including betting and money laundering. Meanwhile, in the digital landscape, the Intervention of legislature and judiciary is playing a key role in framing policies or coming up with guidelines advocating for a true cyber-safe India.  The government initiatives are encouraging the responsible use of technologies and Internet-availed services. 

Supreme Court stated that  telecom companies cannot be barred from reissuing deactivated numbers

Taking note of a petition before the Supreme Court of India, seeking direction from the Telecom Regulatory Authority of India (TRAI) to instruct mobile service providers to stop issuing deactivated mobile numbers, the Apex Court dismissed it by stating that mobile service providers in India are allowed to allocate the deactivated numbers to new users or subscribers but only after 90 days from the deactivation of the number. 

A concern of Breach of Confidential Data

The Court further stated, “It is for the earlier subscriber to take adequate steps to ensure that privacy is maintained.” stating that it is the responsibility of the user to delete their WhatsApp account attached to the previous phone number and erase their data. The Court further added that users need to be aware of the Supreme Court ruling that once the number is deactivated for non-use and disconnection, it can not be reallocated before the expiry of the 90-day period of such deactivation. However, after the allotted time passes, such reallocation of numbers to a new user is allowed.   

MEITY issued blocking orders against 22 illegal betting apps & websites

The government of India has been very critical in safeguarding Indian cyberspace by banning and blocking various websites and apps that have been operating illegally by scamming/dupping people of huge sums of money and also committing cyber crimes like data breaches. In recent developments, the Ministry of Electronic and Information Technology (Meity), on November 5, 2023, banned 22 apps including Mahadev Book and Reddyannaprestopro. The Centre has taken this decision on recommendations from the Enforcement Directorate (ED). ED raids on the Mahadev book app in Chattisgarh also revealed unlawful operations. This investigation has been underway for the past few months by the ED.

Applicable laws to prevent money laundering and the power of government to block such websites and apps

On the other hand, the Prevention of Money Laundering Act (PMLA) 2002 is a legislation already in place which aims to prevent and prosecute cases of money laundering. The government also has the power to block or recommend shutting down websites and apps under section 69A of the Information and Technology Act, 2000, under some specific condition as enumerated in the same.

Conclusion

In the evolving digital landscape, cyberspace covers several aspects while certain regulations or guidelines are required for smooth and secure functioning.  We sometimes change our phone numbers or deactivate them, hence, it is significantly important to delete the data associated with the phone number or any such social media account data attached to it. Hence, such a number is eligible for reallocation to a new or early subscriber after the expiration of a period of 90 days from such deactivation. On the other hand, the centre has also blocked the websites or apps that were found to be part of illegal operations including betting and money laundering. Users have also been advised not to misuse the Internet-availed services. Hence, trying to create a lawful and safe Internet environment for all. 

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References:

• https://timesofindia.indiatimes.com/india/cant-bar-telecom-companies-from-reissuing-deactivated-numbers-says-supreme-court/articleshow/104993401.cms
• https://pib.gov.in/PressReleseDetailm.aspx?PRID=1974901#:~:text=Ministry%20of%20Electronics%20and%20Information,including%20Mahadev%20Book%20and%20Reddyannaprestopro