BGMI Relaunch

Introduction

Misinformation is rampant all over the world and impacting people at large. In 2023, UNESCO commissioned a survey on the impact of Fake News which was conducted by IPSOS. This survey was conducted in 16 countries that are to hold national elections in 2024 with a total of 2.5 billion voters and showed how pressing the need for effective regulation had become and found that 85% of people are apprehensive about the repercussions of online disinformation or misinformation. UNESCO has introduced a plan to regulate social media platforms in light of these worries, as they have become major sources of misinformation and hate speech online. This action plan is supported by the worldwide opinion survey, highlighting the urgent need for strong actions. The action plan outlines the fundamental principles that must be respected and concrete measures to be implemented by all stakeholders associated, i.e., government, regulators, civil society and the platforms themselves. 

The Key Areas in Focus of the Action Plan

The focus area of the action plan is on the protection of the Freedom of Expression while also including access to information and other human rights in digital platform governance. The action plan works on the basic premise that the impact on human rights becomes the compass for all decision-making, at every stage and by every stakeholder. Groups of independent regulators work in close coordination as part of a wider network, to prevent digital companies from taking advantage of disparities between national regulations. Moderation of content as a feasible and effective option at the required scale, in all regions and all languages. 

The algorithms of these online platforms, particularly the social media platforms are established, but it is too often geared towards maximizing engagement rather than the reliability of information. Platforms are required to take on more initiative to educate and train users to be critical thinkers and not just hopers. Regulators and platforms are in a position to take strong measures during particularly sensitive conditions ranging from elections to crises, particularly the information overload that is taking place.

Key Principles of the Action Plan

1. Human Rights Due Diligence: Platforms are required to assess their impact on human rights, including gender and cultural dimensions, and to implement risk mitigation measures. This would ensure that the platforms are responsible for educating users about their rights.
2. Adherence to International Human Rights Standards: Platforms must align their design, content moderation, and curation with international human rights standards. This includes ensuring non-discrimination, supporting cultural diversity, and protecting human moderators.
3. Transparency and Openness: Platforms are expected to operate transparently, with clear, understandable, and auditable policies. This includes being open about the tools and algorithms used for content moderation and the results they produce.
4. User Access to Information: Platforms should provide accessible information that enables users to make informed decisions. 
5. Accountability: Platforms must be accountable to their stakeholders which would include the users and the public, which would ensure that redressal for content-related decisions is not compromised. This accountability extends to the implementation of their terms of service and content policies.

Enabling Environment for the application of the UNESCO Plan

The UNESCO Action Plan to counter misinformation has been created to create an environment where freedom of expression and access to information flourish, all while ensuring safety and security for digital platform users and non-users. This endeavour calls for collective action—societies as a whole must work together. Relevant stakeholders, from vulnerable groups to journalists and artists, enable the right to expression. 

Conclusion

The UNESCO Action Plan is a response to the dilemma that has been created due to the information overload, particularly, because the distinction between information and misinformation has been so clouded. The IPSOS survey has revealed the need for an urgency to address these challenges in the users who fear the repercussions of misinformation. 

The UNESCO action plan provides a comprehensive framework that emphasises the protection of human rights, particularly freedom of expression, while also emphasizing the importance of transparency, accountability, and education in the governance of digital platforms as a priority. By advocating for independent regulators and encouraging platforms to align with international human rights standards, UNESCO is setting the stage for a more responsible and ethical digital ecosystem. 

The recommendations include integrating regulators through collaborations and promoting global cooperation to harmonize regulations, expanding the Digital Literacy campaign to educate users about misinformation risks and online rights, ensuring inclusive access to diverse content in multiple languages and contexts, and monitoring and refining tech advancements and regulatory strategies as challenges evolve. To ultimately promote a true online information landscape.

Reference

• https://www.unesco.org/en/articles/online-disinformation-unesco-unveils-action-plan-regulate-social-media-platforms
• https://www.unesco.org/sites/default/files/medias/fichiers/2023/11/unesco_ipsos_survey.pdf ‍
• https://dig.watch/updates/unesco-sets-out-strategy-to-tackle-misinformation-after-ipsos-survey

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

‍

Introduction

In the face of escalating cybercrimes in India, criminals are adopting increasingly inventive methods to deceive victims. Imagine opening your phone to the notification of an incoming message from a stranger with a friendly introduction - a beginning that appears harmless, but is the beginning of an awful financial nightmare. "Pig Butchering '' scam—an increasingly sophisticated form of deception that's gaining more widespread popularity. Unlike any other scams, this one plays a long game, spinning a web of trust before it strikes. It's a modern-day financial thriller happening in the real world, with real victims. "pig butchering" scam, involves building trust through fake profiles and manipulating victims emotionally to extort money. The scale of such scams has raised concerns, emphasising the need for awareness and vigilance in the face of evolving cyber threats.

How does 'Pig Butchering' Scam Work? 

At its core, the scam starts innocuously, often with a stranger reaching out via text, social media, or apps like WhatsApp or WeChat. The scammer, hiding behind a well-crafted and realistic online persona, seeks to forge a connection. This could be under the pretence of friendship or romance, employing fake photos and stories to seem authentic. Gradually, the scammer builds a rapport, engaging in personal and often non-financial conversations. They may portray themselves as a widow, single parent, or even a military member to evoke empathy and trust. Over time, this connection pivots to investment opportunities, with the scammer presenting lucrative tips or suggestions in stocks or cryptocurrencies. Initially, modest investments are encouraged, and falsified returns are shown to lure in larger sums. Often, the scammer claims affiliation with a profitable financial institution or success in cryptocurrency trading. They direct victims to specific, usually fraudulent, trading platforms under their control. The scam reaches its peak when significant investments are made, only for the scammer to manipulate the situation, block access to the trading platform, or vanish, leaving the victim with substantial losses. 

Real-Life Examples and Global Reach

These scams are not confined to one region. In India, for instance, scammers use emotional manipulation, often starting with a WhatsApp message from an unknown, attractive individual. They pose as professionals offering part-time jobs, leading victims through tasks that escalate in investment and complexity. These usually culminate in cryptocurrency investments, with victims unable to withdraw their funds, the money often traced to accounts in Dubai. 

In the West, several cases highlight the scam's emotional and financial toll: A Michigan woman was lured by an online boyfriend claiming to make money from gold trading. She invested through a fake brokerage, losing money while being emotionally entangled. A Canadian man named Sajid Ikram lost nearly $400,000 in a similar scam, initially misled by a small successful withdrawal. In California, a man lost $440,000, succumbing to pressure to invest more, including retirement savings and borrowed money. A Maryland victim faced continuous demands from scammers, losing almost $1.4 million in hopes of recovering previous losses. A notable case involved US authorities seizing about $9 million in cryptocurrency linked to a global pig butchering scam, showcasing its extensive reach. 

Safeguarding Against Such Scams 

Vigilance is crucial to prevent falling victim to these scams. Be skeptical of unsolicited contacts and wary of investment advice from strangers. Conduct thorough research before any financial engagement, particularly on unfamiliar platforms. Indian Cyber Crime Coordination Center warns of red flags like sudden large virtual currency transactions, interest in high-return investments mentioned by new online contacts, and atypical customer behaviour. 

Victims should report incidents to various Indian and foreign websites and the Securities Exchange Commission. Financial institutions are advised to report suspicious activities related to these scams. In essence, the pig butchering scam is a cunning blend of emotional manipulation and financial fraud. Staying informed and cautious is key to avoiding these sophisticated traps.

Conclusion

The Pig Butchering Scams are one of the many new breeds of emerging cyber scams that have become a bone of contention for cyber security organisations. It is imperative for netizens to stay vigilant and well-informed about the dynamics of cyberspace and emerging cyber crimes. 

References 

1. https://www.sentinelassam.com/more-news/national-news/from-impersonating-cbi-officers-to-pig-butchering-cyber-criminals-get-creative
2. https://hiindia.com/from-impersonating-cbi-officers-to-pig-butchering-cyber-criminals-get-creative/

‍