The Legal Risk of User-Generated Misinformation: A Focus on Platform Accountability
There has been a struggle to create legal frameworks that can define where free speech ends and harmful misinformation begins, specifically in democratic societies where the right to free expression is a fundamental value. Platforms like YouTube, Wikipedia, and Facebook have gained a huge consumer base by focusing on hosting user-generated content. This content includes anything a visitor puts on a website or social media pages.
The legal and ethical landscape surrounding misinformation is dependent on creating a fine balance between freedom of speech and expression while protecting public interests, such as truthfulness and social stability. This blog is focused on examining the legal risks of misinformation, specifically user-generated content, and the accountability of platforms in moderating and addressing it.
The Rise of Misinformation and Platform Dynamics
Misinformation content is amplified by using algorithmic recommendations and social sharing mechanisms. The intent of spreading false information is closely interwoven with the assessment of user data to identify target groups necessary to place targeted political advertising. The disseminators of fake news have benefited from social networks to reach more people, and from the technology that enables faster distribution and can make it more difficult to distinguish fake from hard news.
Multiple challenges emerge that are unique to social media platforms regulating misinformation while balancing freedom of speech and expression and user engagement. The scale at which content is created and published, the different regulatory standards, and moderating misinformation without infringing on freedom of expression complicate moderation policies and practices.
The impacts of misinformation on social, political, and economic consequences, influencing public opinion, electoral outcomes, and market behaviours underscore the urgent need for effective regulation, as the consequences of inaction can be profound and far-reaching.
Legal Frameworks and Evolving Accountability Standards
Safe harbour principles allow for the functioning of a free, open and borderless internet. This principle is embodied under the US Communications Decency Act and the Information Technology Act in Sections 230 and 79 respectively. They play a pivotal role in facilitating the growth and development of the Internet. The legal framework governing misinformation around the world is still in nascent stages. Section 230 of the CDA protects platforms from legal liability relating to harmful content posted on their sites by third parties. It further allows platforms to police their sites for harmful content and protects them from liability if they choose not to.
By granting exemptions to intermediaries, these safe harbour provisions help nurture an online environment that fosters free speech and enables users to freely express themselves without arbitrary intrusions.
A shift in regulations has been observed in recent times. An example is the enactment of the Digital Services Act of 2022 in the European Union. The Act requires companies having at least 45 million monthly users to create systems to control the spread of misinformation, hate speech and terrorist propaganda, among other things. If not followed through, they risk penalties of up to 6% of the global annual revenue or even a ban in EU countries.
Challenges and Risks for Platforms
There are multiple challenges and risks faced by platforms that surround user-generated misinformation.
- Moderating user-generated misinformation is a big challenge, primarily because of the quantity of data in question and the speed at which it is generated. It further leads to legal liabilities, operational costs and reputational risks.
- Platforms can face potential backlash, both in instances of over-moderation or under-moderation. It can be considered as censorship, often overburdening. It can also be considered as insufficient governance in cases where the level of moderation is not protecting the privacy rights of users.
- Another challenge is more in the technical realm, including the limitations of AI and algorithmic moderation in detecting nuanced misinformation. It holds out to the need for human oversight to sift through the misinformation that is created by AI-generated content.
Policy Approaches: Tackling Misinformation through Accountability and Future Outlook
Regulatory approaches to misinformation each present distinct strengths and weaknesses. Government-led regulation establishes clear standards but may risk censorship, while self-regulation offers flexibility yet often lacks accountability. The Indian framework, including the IT Act and the Digital Personal Data Protection Act of 2023, aims to enhance data-sharing oversight and strengthen accountability. Establishing clear definitions of misinformation and fostering collaborative oversight involving government and independent bodies can balance platform autonomy with transparency. Additionally, promoting international collaborations and innovative AI moderation solutions is essential for effectively addressing misinformation, especially given its cross-border nature and the evolving expectations of users in today’s digital landscape.
Conclusion
A balance between protecting free speech and safeguarding public interest is needed to navigate the legal risks of user-generated misinformation poses. As digital platforms like YouTube, Facebook, and Wikipedia continue to host vast amounts of user content, accountability measures are essential to mitigate the harms of misinformation. Establishing clear definitions and collaborative oversight can enhance transparency and build public trust. Furthermore, embracing innovative moderation technologies and fostering international partnerships will be vital in addressing this cross-border challenge. As we advance, the commitment to creating a responsible digital environment must remain a priority to ensure the integrity of information in our increasingly interconnected world.
References
- https://www.thehindu.com/opinion/op-ed/should-digital-platform-owners-be-held-liable-for-user-generated-content/article68609693.ece
- https://www.thehindu.com/opinion/op-ed/should-digital-platform-owners-be-held-liable-for-user-generated-content/article68609693.ece
- https://hbr.org/2021/08/its-time-to-update-section-230
- https://www.cnbctv18.com/information-technology/deepfakes-digital-india-act-safe-harbour-protection-information-technology-act-sajan-poovayya-19255261.htm
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Executive Summary:
Cyber incidents are evolving along with time, they are designed to attract and lure people through social networking sites and/or messaging services. In the recent past a spate of messages alleging that TRAI is offering ‘3 months free recharge with free voice calls and internet for 4g/5g with 200 GB free data’. These messages display the TRAI logo with attractive offers to trick the users into revealing their personal details. This blog discusses the functioning of this free mobile recharge scheme, its methods and guidelines on how to avoid such fake schemes. This blog explains the importance of vigilance and verification when receiving any links, emphasizing the need to report suspicious activities and educate others to prevent identity theft and protect personal information.
Claim:
The message circulated an enticing offer: free mobile recharge for 3 months which provides unlimited free voice calls with 200GB 4G/5G data with TRAI logo. The key characteristics of the false claims are
- Official Branding: The logo of TRAI has been viewed as a deceptive facade of credibility.
- Unrealistic Offers: It is accompanied by a free recharge , which is intended for an extended period indefinite period, like most fraudsters’ bait.
- Urgency and Exclusivity: The offer is for a limited time to make urgency forcing the receiver to take the offer without confirmation.
The Deceptive Scheme:
Organized systematically, the fraudulent campaign usually proceeds in several steps, all of which aim at extracting the victim’s personal data. Here’s a breakdown of the scheme:
1. Initial Contact: Such messages or calls reach the users’ inboxes or phone numbers through social media applications such as WhatsApp or through text messages. These messages further implies that the user was chosen for the special offer from TRAI, which elicits the interest of the user.
2. Information Request: To claim the purported offer, users are directed to a website or asked to reply with personal details, including:
- Phone number
- State of residence
- SIM provider details
This is useful for the scammers as they harvest information which can be used to conduct identity theft or sold to others on the shady part of the internet known as the ‘Dark Web’.
3. Fake Confirmation: After providing all the information, a congratulatory message appears on the screen showing that their phone number is eligible for the offer. The user is compelled to forward the message to many phone numbers through whatsapp to get the offer.
4. Pressure Tactics: The message often implies a sense of time constraint or fear which psychologically produces pressure to provide all the user information. For example, users are given messages such as that if they do not ‘act now’, they will lose their mobile service.
Analyzing the Fraudulent Campaign
The TRAI fraudulent recharge scheme case depicts that social engineering is used in cyber crimes. Here are some key aspects that characterize this campaign:
- Sophisticated Social Engineering
Scammers take advantage of the holders’ confidence in official bodies such as TRAI. By using official TRAI logos, official language they try to deceive even cautious people.
- Viral Spread
The user is compelled to share the given message to friends and groups; this is an excellent strategy to spread the scam. It not only spreads the fraudulent message but also tries to extract the details of other people.
- Technical Analysis
- Domain Name: SGOFF[.]CYOU
- Registry Domain ID: D472308342-CNIC
- Registrar WHOIS Server: whois.hkdns.hk
- Registrar URL: http://www.hkdns.hk
- Updated Date: 2024-07-24T18:50:48.0Z
- Creation Date: 2024-07-19T18:48:44.0Z
- Registry Expiry Date: 2025-07-19T23:59:59.0Z
- Registrar: West263 International Limited
- Registrar IANA ID: 1915
- Registrant State/Province: Anhui
- Registrant Country: CN
- Name Server: NORMAN.NS.CLOUDFLARE.COM
- Name Server: PAM.NS.CLOUDFLARE.COM
- DNSSEC: unsigned
Cloudflare Inc. is used to cover the scam. The real website always uses the older domain while this url has been registered recently which indicates that this link is a scam.
The graph indicates that some of the communicated files and websites are malicious.
CyberPeace Advisory and Best Practice:
In light of the growing threat posed by such scams, the Research Wing of CyberPeace recommend the following best practices to help users protect themselves:
1. Verify Communications: It is always advisable to visit the official site of the organization or call the official contact numbers of the company to speak to their customer care and clarify about the offers.
2. Do not share personal information: No genuine organization will call the people for personal information. Step carefully and do not provide personal information that will lead to identity theft when dealing with such offers.
3. Report Fraudulent Activity: If one receives any calls or messages that seem to be suspicious, then the user can report cyber crimes to the National Cyber Crime Reporting Portal on www. cybercrime. gov. in or call on 1930. Such scams are reportable and assist the authorities in tracking and fighting the vice.
4. Educate Others : Always raise awareness among friends by sharing these kinds of scams. Educating people helps to avoid them falling prey to such fraudulent schemes.
5. Use Reliable Resources : Always refer to official sources or websites for any kind of offers or promotions.
Conclusion:
The free recharge scheme for 3 months with the logo of TRAI is a fraudulent scam. There is no official information from TRAI or in their official website about this free recharge scheme. Though the scheme looks attractive, it is deceptive. Through this, the scammers are trying to collect personal details of the individual. Before clicking any links, it is necessary to check the authenticity of the information, report these kinds of incidents to spread awareness among people. Always be safe and be vigilant.
Introduction
Indian Cybercrime Coordination Centre (I4C) was established by the Ministry of Home Affairs (MHA) to provide a framework and eco-system for law enforcement agencies (LEAs) to deal with cybercrime in a coordinated and comprehensive manner. The Indian Ministry of Home Affairs approved a scheme for the establishment of the Indian Cyber Crime Coordination Centre (I4C) in October2018, which was inaugurated by Home Minister Amit Shah in January 2020. I4C is envisaged to act as the nodal point to curb Cybercrime in the country. Recently, on 13th March2024, the Centre designated the Indian Cyber Crime Coordination Centre (I4C) as an agency of the Ministry of Home Affairs (MHA) to perform the functions under the Information Technology Act, 2000, to inform about unlawful cyber activities.
The gazetted notification dated 13th March 2024 read as follows:
“In exercise of the powers conferred by clause (b) of sub-section (3) of section 79 of the Information Technology Act 2000, Central Government being the appropriate government hereby designate the Indian Cybercrime Coordination Centre (I4C), to be the agency of the Ministry of Home Affairs to perform the functions under clause (b) of sub-section (3) of section79 of Information Technology Act, 2000 and to notify the instances of information, data or communication link residing in or connected to a computer resource controlled by the intermediary being used to commit the unlawful act.”
Impact
Now, the Indian Cyber Crime Coordination Centre (I4C) is empowered to issue direct takedown orders under 79(b)(3) of the IT Act, 2000. Any information, data or communication link residing in or connected to a computer resource controlled by any intermediary being used to commit unlawful acts can be notified by the I4C to the intermediary. If an intermediary fails to expeditiously remove or disable access to a material after being notified, it will no longer be eligible for protection under Section 79 of the IT Act, 2000.
Safe Harbour Provision
Section79 of the IT Act also serves as a safe harbour provision for the Intermediaries. The safe harbour provision under Section 79 of the IT Act 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 to commit something unlawful. Furthermore, Intermediaries are also obliged to perform due diligence on their platforms and comply with the rules & regulations and maintain and promote a safe digital environment on the respective platforms.
Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, The government has also mandated that a ‘significant social media intermediary’ must appoint a Chief Compliance Officer (CCO), Resident Grievance Officer (RGO), and Nodal Contact Person and publish periodic compliance report every month mentioning the details of complaints received and action taken thereon.
I4C's Role in Safeguarding Cyberspace
The Indian Cyber Crime Coordination Centre (I4C) is actively working towards initiatives to combat the emerging threats in cyberspace. I4C is one of the crucial extensions of the Ministry of Home Affairs, Government of India, working extensively to combat cyber crimes and ensure the overall safety of netizens. The ‘National Cyber Crime Reporting Portal’ equipped with a 24x7 helpline number 1930, is one of the key component of the I4C.
Components Of The I4C
- National Cyber Crime Threat Analytics Unit
- National Cyber Crime Reporting Portal
- National Cyber Crime Training Centre
- Cyber Crime Ecosystem Management Unit
- National Cyber Crime Research and Innovation Centre
- National Cyber Crime Forensic Laboratory Ecosystem
- Platform for Joint Cyber Crime Investigation Team.
Conclusion
I4C, through its initiatives and collaborative efforts, plays a pivotal role in safeguarding cyberspace and ensuring the safety of netizens. I4C reinforces India's commitment to combatting cybercrime and promoting a secure digital environment. The recent development by designating the I4C as an agency to notify the instances of unlawful activities in cyberspace serves as a significant step to counter cybercrime and promote an ethical and safe digital environment for netizens.
References
- https://www.deccanherald.com/india/centre-designates-i4c-as-agency-of-mha-to-notify-unlawful-activities-in-cyber-world-2936976
- https://www.business-standard.com/india-news/home-ministry-authorises-i4c-to-issue-takedown-notices-under-it-act-124031500844_1.html
- https://www.hindustantimes.com/india-news/it-ministry-empowers-i4c-to-notify-instances-of-cybercrime-101710443217873.html
- https://i4c.mha.gov.in/about.aspx#:~:text=Objectives%20of%20I4C,identifying%20Cybercrime%20trends%20and%20patterns
EXECUTIVE SUMMARY:
A viral video is surfacing claiming to capture an aerial view of Mount Kailash that has breathtaking scenery apparently providing a rare real-life shot of Tibet's sacred mountain. Its authenticity was investigated, and authenticity versus digitally manipulative features were analyzed.
CLAIMS:
The viral video claims to reveal the real aerial shot of Mount Kailash, as if exposing us to the natural beauty of such a hallowed mountain. The video was circulated widely in social media, with users crediting it to be the actual footage of Mount Kailash.
FACTS:
The viral video that was circulated through social media was not real footage of Mount Kailash. The reverse image search revealed that it is an AI-generated video created by Sonam and Namgyal, two Tibet based graphic artists on Midjourney. The advanced digital techniques used helped to provide a realistic lifelike scene in the video.
No media or geographical source has reported or published the video as authentic footage of Mount Kailash. Besides, several visual aspects, including lighting and environmental features, indicate that it is computer-generated.
For further verification, we used Hive Moderation, a deep fake detection tool to conclude whether the video is AI-Generated or Real. It was found to be AI generated.
CONCLUSION:
The viral video claiming to show an aerial view of Mount Kailash is an AI-manipulated creation, not authentic footage of the sacred mountain. This incident highlights the growing influence of AI and CGI in creating realistic but misleading content, emphasizing the need for viewers to verify such visuals through trusted sources before sharing.
- Claim: Digitally Morphed Video of Mt. Kailash, Showcasing Stunning White Clouds
- Claimed On: X (Formerly Known As Twitter), Instagram
- Fact Check: AI-Generated (Checked using Hive Moderation).
