Developments from Supreme Court and Meity: November
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.
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
Related Blogs
Executive Summary:
A viral claim circulated in social media that Anant Ambani and Radhika Merchant wore clothes made of pure gold during their pre-wedding cruise party in Europe. Thorough analysis revealed abnormalities in image quality, particularly between the face, neck, and hands compared to the claimed gold clothing, leads to possible AI manipulation. A keyword search found no credible news reports or authentic images supporting this claim. Further analysis using AI detection tools, TrueMedia and Hive Moderator, confirmed substantial evidence of AI fabrication, with a high probability of the image being AI-generated or a deep fake. Additionally, a photo from a previous event at Jio World Plaza matched with the pose of the manipulated image, further denying the claim and indicating that the image of Anant Ambani and Radhika Merchant wearing golden outfit during their pre-wedding cruise was digitally altered.
Claims:
Anant Ambani and Radhika Merchant wore clothes made of pure gold during their pre-wedding cruise party in Europe.
Fact Check:
When we received the posts, we found anomalies that were usually found in edited images or AI manipulated images, particularly between the face, neck, and hands.
It’s very unusual in any image. So we then checked in AI Image detection software named Hive Moderation detection tool and found it to be 95.9% AI manipulated.
We also checked with another widely used AI detection tool named True Media. True Media also found it to be 100% to be made using AI.
This implies that the image is AI-generated. To find the original image that has been edited, we did keyword search. We found an image with the same pose as in the manipulated image, with the title "Radhika Merchant, Anant Ambani pose with Mukesh Ambani at Jio World Plaza opening”. The two images can be compared to verify that the digitally altered image is the same.
Hence, it’s confirmed that the viral image is digitally altered and has no connection with the 2nd Pre-wedding cruise party in Europe. Thus the viral image is fake and misleading.
Conclusion:
The claim that Anant Ambani and Radhika Merchant wore clothes made of pure gold at their pre-wedding cruise party in Europe is false. The analysis of the image showed signs of manipulation, and a lack of credible news reports or authentic photos supports that it was likely digitally altered. AI detection tools confirmed a high probability that the image was fake, and a comparison with a genuine photo from another event revealed that the image had been edited. Therefore, the claim is false and misleading.
- Claim: Anant Ambani and Radhika Merchant wore clothes made of pure gold during their pre-wedding cruise party in Europe.
- Claimed on: YouTube, LinkedIn, Instagram
- Fact Check: Fake & Misleading
Introduction
Since February 2020 the government has been taking keen steps to safeguard the Indian markets and the consumer, this could be seen in the forms of policies and exemptions for the market players and the consumers, however, due to the COVID-19 pandemic, the markets places became vulnerable to loss and various forms of new crimes and frauds. The Government recently tabled the Jan Vishwas bill which is an aftermath of the Vivad se Vishwas Bill, 2020 which was tabled in February 2020 for creating a safe and dynamic market, this bill is a clear example of how AtmaNirbhar Bharat plays a crucial role in nations development.
What is Jan Vishwas Bill, 2022
The Jan Vishwas (Amendment of Provisions) Bill, 2022 is a 108-page bill introduced in the Lok Sabha by the Union Minister of Commerce and Industry, Piyush Goyal. The statement of objects and reasons of the Bill states, “To amend certain enactments for decriminalizing and rationalizing minor offenses to further enhance trust-based governance for ease of living and doing business.” The bill aims to promote ease of doing business in India by decriminalizing minor offences and amending 183 provisions in 42 Acts administered by 19 ministries. The bill proposes to replace minor offences with monetary penalties and rationalize existing monetary penalties based on the gravity of the offences. The Acts to be amended by the bill include-
- Drugs and Cosmetics Act, 1940
- Public Debt Act, 1944
- Pharmacy Act, 1948
- Cinematograph Act, 1952
- Copyright Act, 1957
- Patents Act, 1970
- Environment (Protection) Act, 1986
- Motor Vehicles Act, 1988
- Trade Marks Act, 1999l Railways Act, 1989
- Information Technology Act, 2000
- Prevention of Money-laundering Act, 2002
- Food Safety and Standards Act, 2006
- Legal Metrology Act, 2009
- Factoring Regulation Act, 2011
The bill aims to decriminalize a large number of minor offences and replace them with monetary penalties. This step by the government is a clear indication of how important the market regulations are, in recent times Google was imposed with a penalty of 1300 crores and 900 crores for violating competitive market practices, these penalties, and criminalised actions will ensure proper compliance to laws of the land thus creating a blanket of safeguards for the Indian consumer and netizen.
What will the Ease of Business be?
The Government has been critical in pinpointing various parameters and factors to improve the ease of business in the country, this bill comes at the right time when we can see numerous start-ups and entrepreneurs emerging in our country. The parameters are as follows-
- Starting a Business of all
- Dealing with Construction Permits
- Getting Electricity
- Registering Property
- Getting Credit
- Protecting
- Minority Investors
- Paying Taxes
- Trading across Borders
- Enforcing Contracts and Resolving Insolvency
These parameters have been created with a sight on the future of the markets and how external factors like the Russia-Ukraine war can influence the markets. According to Minister Piyush Goyal, the fear of imprisonment for minor offences is a major factor hindering the growth of the business ecosystem and individual confidence in India. The Jan Vishwas Bill, 2022 aims to address this issue by replacing minor offences with monetary penalties. The bill also proposes an increase of 10% in the minimum amount of fine and penalty levied after every three years, once the bill becomes a law.
Conclusion
The bill will create a level playing field for the market players and the consumers with the backing of strong legislation and precedents thus maintaining transparency and accountability in the system. The amended provisions will allow various already existing legislation to come in tune with the current times and emerging technologies. The nation is at a critical juncture to fabricate policies and laws to address the issues and threats of the future and hence such a bill will be the strengthening pillar of the Indian markets and cyber-ecosystem. The Jan Vishwas Bill, 2022 has been referred to a 31-member joint parliamentary committee for scrutiny. The committee includes members from the Lok Sabha and the Rajya Sabha and will submit its report to parliament by the second part of the Budget session in 2023, The members from the Lok Sabha include PP Chaudhary, Sanjay Jaiswal, Queen Ojha, Rajendra Agrawal, Gaurav Gogoi, A Raja, Rajendra Agarwal, Poonam Pramod Mahajan, and Sougata Ray.
What are Deepfakes?
A deepfake is essentially a video of a person in which their face or body has been digitally altered so that they appear to be someone else, typically used maliciously or to spread false information. Deepfake technology is a method for manipulating videos, images, and audio utilising powerful computers and deep learning. It is used to generate fake news and commit financial fraud, among other wrongdoings. It overlays a digital composite over an already-existing video, picture, or audio; cybercriminals use Artificial Intelligence technology. The term deepfake was coined first time in 2017 by an anonymous Reddit user, who called himself deepfake.
Deepfakes works on a combination of AI and ML, which makes the technology hard to detect by Web 2.0 applications, and it is almost impossible for a layman to see if an image or video is fake or has been created using deepfakes. In recent times, we have seen a wave of AI-driven tools which have impacted all industries and professions across the globe. Deepfakes are often created to spread misinformation. There lies a key difference between image morphing and deepfakes. Image morphing is primarily used for evading facial recognition, but deepfakes are created to spread misinformation and propaganda.
Issues Pertaining to Deepfakes in India
Deepfakes are a threat to any nation as the impact can be divesting in terms of monetary losses, social and cultural unrest, and actions against the sovereignty of India by anti-national elements. Deepfake detection is difficult but not impossible. The following threats/issues are seen to be originating out of deep fakes:
- Misinformation: One of the biggest issues of Deepfake is misinformation, the same was seen during the Russia-Ukraine conflict, where in a deepfake of Ukraine’s president, Mr Zelensky, surfaced on the internet and caused mass confusion and propaganda-based misappropriation among the Ukrainians.
- Instigation against the Union of India: Deepfake poses a massive threat to the integrity of the Union of India, as this is one of the easiest ways for anti-national elements to propagate violence or instigate people against the nation and its interests. As India grows, so do the possibilities of anti-national attacks against the nation.
- Cyberbullying/ Harassment: Deepfakes can be used by bad actors to harass and bully people online in order to extort money from them.
- Exposure to Illicit Content: Deepfakes can be easily used to create illicit content, and oftentimes, it is seen that it is being circulated on online gaming platforms where children engage the most.
- Threat to Digital Privacy: Deepfakes are created by using existing videos. Hence, bad actors often use photos and videos from Social media accounts to create deepfakes, this directly poses a threat to the digital privacy of a netizen.
- Lack of Grievance Redressal Mechanism: In the contemporary world, the majority of nations lack a concrete policy to address the aspects of deepfake. Hence, it is of paramount importance to establish legal and industry-based grievance redressal mechanisms for the victims.
- Lack of Digital Literacy: Despite of high internet and technology penetration rates in India, digital literacy lags behind, this is a massive concern for the Indian netizens as it takes them far from understanding the tech, which results in the under-reporting of crimes. Large-scale awareness and sensitisation campaigns need to be undertaken in India to address misinformation and the influence of deepfakes.
How to spot deepfakes?
Deepfakes look like the original video at first look, but as we progress into the digital world, it is pertinent to establish identifying deepfakes in our digital routine and netiquettes in order to stay protected in the future and to address this issue before it is too late. The following aspects can be kept in mind while differentiating between a real video and a deepfake
- Look for facial expressions and irregularities: Whenever differentiating between an original video and deepfake, always look for changes in facial expressions and irregularities, it can be seen that the facial expressions, such as eye movement and a temporary twitch on the face, are all signs of a video being a deepfake.
- Listen to the audio: The audio in deepfake also has variations as it is imposed on an existing video, so keep a check on the sound effects coming from a video in congruence with the actions or gestures in the video.
- Pay attention to the background: The most easiest way to spot a deepfake is to pay attention to the background, in all deepfakes, you can spot irregularities in the background as, in most cases, its created using virtual effects so that all deepfakes will have an element of artificialness in the background.
- Context and Content: Most of the instances of deepfake have been focused towards creating or spreading misinformation hence, the context and content of any video is an integral part of differentiating between an original video and deepfake.
- Fact-Checking: As a basic cyber safety and digital hygiene protocol, one should always make sure to fact-check each and every piece of information they come across on social media. As a preventive measure, always make sure to fact-check any information or post sharing it with your known ones.
- AI Tools: When in doubt, check it out, and never refrain from using Deepfake detection tools like- Sentinel, Intel’s real-time deepfake detector - Fake catcher, We Verify, and Microsoft’s Video Authenticator tool to analyze the videos and combating technology with technology.
Recent Instance
A deepfake video of actress Rashmika Mandanna recently went viral on social media, creating quite a stir. The video showed a woman entering an elevator who looked remarkably like Mandanna. However, it was later revealed that the woman in the video was not Mandanna, but rather, her face was superimposed using AI tools. Some social media users were deceived into believing that the woman was indeed Mandanna, while others identified it as an AI-generated deepfake. The original video was actually of a British-Indian girl named Zara Patel, who has a substantial following on Instagram. This incident sparked criticism from social media users towards those who created and shared the video merely for views, and there were calls for strict action against the uploaders. The rapid changes in the digital world pose a threat to personal privacy; hence, caution is advised when sharing personal items on social media.
Legal Remedies
Although Deepfake is not recognised by law in India, it is indirectly addressed by Sec. 66 E of the IT Act, which makes it illegal to capture, publish, or transmit someone's image in the media without that person's consent, thus violating their privacy. The maximum penalty for this violation is ₹2 lakh in fines or three years in prison. The DPDP Act's applicability in 2023 means that the creation of deepfakes will directly affect an individual's right to digital privacy and will also violate the IT guidelines under the Intermediary Guidelines, as platforms will be required to exercise caution while disseminating and publishing misinformation through deepfakes. The indirect provisions of the Indian Penal Code, which cover the sale and dissemination of derogatory publications, songs and actions, deception in the delivery of property, cheating and dishonestly influencing the delivery of property, and forgery with the intent to defame, are the only legal remedies available for deepfakes. Deep fakes must be recognized legally due to the growing power of misinformation. The Data Protection Board and the soon-to-be-established fact-checking body must recognize crimes related to deepfakes and provide an efficient system for filing complaints.
Conclusion
Deepfake is an aftermath of the advancements of Web 3.0 and, hence is just the tip of the iceberg in terms of the issues/threats from emerging technologies. It is pertinent to upskill and educate the netizens about the keen aspects of deepfakes to stay safe in the future. At the same time, developing and developed nations need to create policies and laws to efficiently regulate deepfake and to set up redressal mechanisms for victims and industry. As we move ahead, it is pertinent to address the threats originating out of the emerging techs and, at the same time, create a robust resilience for the same.
