Big Tech vs Government: The Rising Tensions Over Digital Freedom in India
Introduction
Big Tech has been pushing back against regulatory measures, particularly regarding data handling practices. X Corp (formerly Twitter) has taken a prominent stance in India. The platform has filed a petition against the Central and State governments, challenging content-blocking orders and opposing the Center’s newly launched Sahyog portal. The X Corp has furthermore labelled the Sahyog Portal as a 'censorship portal' that enables government agencies to issue blocking orders using a standardized template.
The key regulations governing the tech space in India include the IT Act of 2000, IT Rules 2021 and 2023 (which stress platform accountability and content moderation), and the DPDP Act 2023, which intersects with personal data governance. This petition by the X Corp raises concerns for digital freedom, platform accountability, and the evolving regulatory frameworks in India.
Elon Musk vs Indian Government: Key Issues at Stake
The 2021 IT Rules, particularly Rule 3(1)(d) of Part II, outline intermediaries' obligations regarding ‘Content Takedowns’. Intermediaries must remove or disable access to unlawful content within 36 hours of receiving a court order or government notification. Notably, the rules do not require government takedown requests to be explicitly in writing, raising concerns about potential misuse.
X’s petition also focuses on the Sahyog Portal, a government-run platform that allows various agencies and state police to request content removal directly. They contend that the failure to comply with such orders can expose intermediaries' officers to prosecution. This has sparked controversy, with platforms like Elon Musk’s X arguing that such provisions grant the government excessive control, potentially undermining free speech and fostering undue censorship.
The broader implications include geopolitical tensions, potential business risks for big tech companies, and significant effects on India's digital economy, user engagement, and platform governance. Balancing regulatory compliance with digital rights remains a crucial challenge in this evolving landscape.
The Global Context: Lessons from Other Jurisdictions
The ‘EU's Digital Services Act’ establishes a baseline 'notice and takedown' system. According to the Act, hosting providers, including online platforms, must enable third parties to notify them of illegal content, which they must promptly remove to retain their hosting defence. The DSA also mandates expedited removal processes for notifications from trusted flaggers, user suspension for those with frequent violations, and enhanced protections for minors. Additionally, hosting providers have to adhere to specific content removal obligations, including the elimination of terrorist content within one hour and deploying technology to detect known or new CSAM material and remove it.
In contrast to the EU, the US First Amendment protects speech from state interference but does not extend to private entities. Dominant digital platforms, however, significantly influence discourse by moderating content, shaping narratives, and controlling advertising markets. This dual role creates tension as these platforms balance free speech, platform safety, and profitability.
India has adopted a model closer to the EU's approach, emphasizing content moderation to curb misinformation, false narratives, and harmful content. Drawing from the EU's framework, India could establish third-party notification mechanisms, enforce clear content takedown guidelines, and implement detection measures for harmful content like terrorist material and CSAM within defined timelines. This would balance content regulation with platform accountability while aligning with global best practices.
Key Concerns and Policy Debates
As the issue stands, the main concerns that arise are:
- The need for transparency in government orders for takedowns, the reasons and a clear framework for why they are needed and the guidelines for doing so.
- The need for balancing digital freedom with national security and the concerns that arise out of it for tech companies. Essentially, the role platforms play in safeguarding the democratic values enshrined in the Constitution of India.
- This court ruling by the Karnataka HC will have the potential to redefine the principles upon which the intermediary guidelines function under the Indian laws.
Potential Outcomes and the Way Forward
While we wait for the Hon’ble Court’s directives and orders in response to the filed suit, while the court's decision could favour either side or lead to a negotiated resolution, the broader takeaway is the necessity of collaborative policymaking that balances governmental oversight with platform accountability. This debate underscores the pressing need for a structured and transparent regulatory framework for content moderation. Additionally, this case also highlights the importance of due process in content regulation and the need for legal clarity for tech companies operating in India. Ultimately, a consultative and principles-based approach will be key to ensuring a fair and open digital ecosystem.
References
- https://www.thehindu.com/sci-tech/technology/elon-musks-x-sues-union-government-over-alleged-censorship-and-it-act-violations/article69352961.ece
- https://www.hindustantimes.com/india-news/elon-musk-s-x-sues-union-government-over-alleged-censorship-and-it-act-violations-101742463516588.html
- https://www.financialexpress.com/life/technology-explainer-why-has-x-accused-govt-of-censorship-3788648/
- https://thelawreporters.com/elon-musk-s-x-sues-indian-government-over-alleged-censorship-and-it-act-violations
- https://www.linklaters.com/en/insights/blogs/digilinks/2023/february/the-eu-digital-services-act---a-new-era-for-online-harms-and-intermediary-liability
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Executive Summary:
A viral online video claims Billionaire and Founder of Tesla & SpaceX Elon Musk of promoting Cryptocurrency. The CyberPeace Research Team has confirmed that the video is a deepfake, created using AI technology to manipulate Elon’s facial expressions and voice through the use of relevant, reputed and well verified AI tools and applications to arrive at the above conclusion for the same. The original footage had no connections to any cryptocurrency, BTC or ETH apportion to the ardent followers of crypto-trading. The claim that Mr. Musk endorses the same and is therefore concluded to be false and misleading.
Claims:
A viral video falsely claims that Billionaire and founder of Tesla Elon Musk is endorsing a Crypto giveaway project for the crypto enthusiasts which are also his followers by consigning a portion of his valuable Bitcoin and Ethereum stock.
Fact Check:
Upon receiving the viral posts, we conducted a Google Lens search on the keyframes of the video. The search led us to various legitimate sources featuring Mr. Elon Musk but none of them included any promotion of any cryptocurrency giveaway. The viral video exhibited signs of digital manipulation, prompting a deeper investigation.
We used AI detection tools, such as TrueMedia.org, to analyze the video. The analysis confirmed with 99.0% confidence that the video was a deepfake. The tools identified "substantial evidence of manipulation," particularly in the facial movements and voice, which were found to be artificially generated.
Additionally, an extensive review of official statements and interviews with Mr. Musk revealed no mention of any such giveaway. No credible reports were found linking Elon Musk to this promotion, further confirming the video’s inauthenticity.
Conclusion:
The viral video claiming that Elon Musk promotes a crypto giveaway is a deep fake. The research using various tools such as Google Lens, AI detection tool confirms that the video is manipulated using AI technology. Additionally, there is no information in any official sources. Thus, the CyberPeace Research Team confirms that the video was manipulated using AI technology, making the claim false and misleading.
- Claim: Elon Musk conducting giving away Cryptocurrency viral on social media.
- Claimed on: X(Formerly Twitter)
- Fact Check: False & Misleading
Introduction
According to the Finance Ministry's data, the incidence of domestic Unified Payment Interface (UPI) fraud rose by 85% in FY 2023-24 compared to FY 2022-23. Further, as of September of FY 2024-25, 6.32 lakh fraud cases had been already reported, amounting to Rs 485 crore. The data was shared on 25th November 2024, by the Finance Ministry in response to a question in Lok Sabha’s winter session about the fraud in UPI transactions during the past three fiscal years.
Statistics
UPI Frauds and Government's Countermeasures
On the query as to measures taken by the government for safe and secure UPI transactions and prevention of fraud in the transactions, the ministry has highlighted the measures as follows:
- The Reserve Bank of India (RBI) has launched the Central Payment Fraud Information Registry (CPFIR), a web-based tool for reporting payment-related frauds, operational since March 2020, and it requires requiring all Regulated Entities (RE) to report payment-related frauds to the said CPFIR.
- The Government, RBI, and National Payments Corporation of India (NPCI) have implemented various measures to prevent payment-related frauds, including UPI transaction frauds. These include device binding, two-factor authentication through PIN, daily transaction limits, and limits on use cases.
- Further, NPCI offers a fraud monitoring solution for banks, enabling them to alert and decline transactions using AI/ML models. RBI and banks are also promoting awareness through SMS, radio, and publicity on 'cyber-crime prevention'.
- The Ministry of Home Affairs has launched a National Cybercrime Reporting Portal (NCRP) (www.cybercrime.gov.in) and a National Cybercrime Helpline Number 1930 to help citizens report cyber incidents, including financial fraud. Customers can also report fraud on the official websites of their bank or bank branches.
- The Department of Telecommunications has introduced the Digital Intelligence Platform (DIP) and 'Chakshu' facility on the Sanchar Saathi portal, enabling citizens to report suspected fraud messages via call, SMS, or WhatsApp.
Conclusion
UPI is India's most popular digital payment method. As of June 2024, there are around 350 million active users of the UPI in India. The Indian Cyber Crime Coordination Centre (I4C) report indicates that ‘Online Financial Fraud’, a cyber crime category under NCRP, is the most prevalent among others. The rise of financial fraud, particularly UPI fraud is cause for alarm, the scammers use sophisticated strategies to deceive victims. It is high time for netizens to exercise caution and care with their personal and financial information, stay aware of common tactics used by fraudsters, and adhere to best security practices for secure transactions and the safe use of UPI services.
References
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Introduction
Misinformation is a major issue in the AI age, exacerbated by the broad adoption of AI technologies. The misuse of deepfakes, bots, and content-generating algorithms have made it simpler for bad actors to propagate misinformation on a large scale. These technologies are capable of creating manipulative audio/video content, propagate political propaganda, defame individuals, or incite societal unrest. AI-powered bots may flood internet platforms with false information, swaying public opinion in subtle ways. The spread of misinformation endangers democracy, public health, and social order. It has the potential to affect voter sentiments, erode faith in the election process, and even spark violence. Addressing misinformation includes expanding digital literacy, strengthening platform detection capabilities, incorporating regulatory checks, and removing incorrect information.
AI's Role in Misinformation Creation
AI's growth in its capabilities to generate content have grown exponentially in recent years. Legitimate uses or purposes of AI many-a-times take a backseat and result in the exploitation of content that already exists on the internet. One of the main examples of misinformation flooding the internet is when AI-powered bots flood social media platforms with fake news at a scale and speed that makes it impossible for humans to track and figure out whether the same is true or false.
The netizens in India are greatly influenced by viral content on social media. AI-generated misinformation can have particularly negative consequences. Being literate in the traditional sense of the word does not automatically guarantee one the ability to parse through the nuances of social media content authenticity and impact. Literacy, be it social media literacy or internet literacy, is under attack and one of the main contributors to this is the rampant rise of AI-generated misinformation. Some of the most common examples of misinformation that can be found are related to elections, public health, and communal issues. These issues have one common factor that connects them, which is that they evoke strong emotions in people and as such can go viral very quickly and influence social behaviour, to the extent that they may lead to social unrest, political instability and even violence. Such developments lead to public mistrust in the authorities and institutions, which is dangerous in any economy, but even more so in a country like India which is home to a very large population comprising a diverse range of identity groups.
Misinformation and Gen AI
Generative AI (GAI) is a powerful tool that allows individuals to create massive amounts of realistic-seeming content, including imitating real people's voices and creating photos and videos that are indistinguishable from reality. Advanced deepfake technology blurs the line between authentic and fake. However, when used smartly, GAI is also capable of providing a greater number of content consumers with trustworthy information, counteracting misinformation.
Generative AI (GAI) is a technology that has entered the realm of autonomous content production and language creation, which is linked to the issue of misinformation. It is often difficult to determine if content originates from humans or machines and if we can trust what we read, see, or hear. This has led to media users becoming more confused about their relationship with media platforms and content and highlighted the need for a change in traditional journalistic principles.
We have seen a number of different examples of GAI in action in recent times, from fully AI-generated fake news websites to fake Joe Biden robocalls telling the Democrats in the U.S. not to vote. The consequences of such content and the impact it could have on life as we know it are almost too vast to even comprehend at present. If our ability to identify reality is quickly fading, how will we make critical decisions or navigate the digital landscape safely? As such, the safe and ethical use and applications of this technology needs to be a top global priority.
Challenges for Policymakers
AI's ability to generate anonymous content makes it difficult to hold perpetrators accountable due to the massive amount of data generated. The decentralised nature of the internet further complicates regulation efforts, as misinformation can spread across multiple platforms and jurisdictions. Balancing the need to protect the freedom of speech and expression with the need to combat misinformation is a challenge. Over-regulation could stifle legitimate discourse, while under-regulation could allow misinformation to propagate unchecked. India's multilingual population adds more layers to already-complex issue, as AI-generated misinformation is tailored to different languages and cultural contexts, making it harder to detect and counter. Therefore, developing strategies catering to the multilingual population is necessary.
Potential Solutions
To effectively combat AI-generated misinformation in India, an approach that is multi-faceted and multi-dimensional is essential. Some potential solutions are as follows:
- Developing a framework that is specific in its application to address AI-generated content. It should include stricter penalties for the originator and spreader and dissemination of fake content in proportionality to its consequences. The framework should establish clear and concise guidelines for social media platforms to ensure that proactive measures are taken to detect and remove AI-generated misinformation.
- Investing in tools that are driven by AI for customised detection and flagging of misinformation in real time. This can help in identifying deepfakes, manipulated images, and other forms of AI-generated content.
- The primary aim should be to encourage different collaborations between tech companies, cyber security orgnisations, academic institutions and government agencies to develop solutions for combating misinformation.
- Digital literacy programs will empower individuals by training them to evaluate online content. Educational programs in schools and communities teach critical thinking and media literacy skills, enabling individuals to better discern between real and fake content.
Conclusion
AI-generated misinformation presents a significant threat to India, and it is safe to say that the risks posed are at scale with the rapid rate at which the nation is developing technologically. As the country moves towards greater digital literacy and unprecedented mobile technology adoption, one must be cognizant of the fact that even a single piece of misinformation can quickly and deeply reach and influence a large portion of the population. Indian policymakers need to rise to the challenge of AI-generated misinformation and counteract it by developing comprehensive strategies that not only focus on regulation and technological innovation but also encourage public education. AI technologies are misused by bad actors to create hyper-realistic fake content including deepfakes and fabricated news stories, which can be extremely hard to distinguish from the truth. The battle against misinformation is complex and ongoing, but by developing and deploying the right policies, tools, digital defense frameworks and other mechanisms, we can navigate these challenges and safeguard the online information landscape.
References:
- https://economictimes.indiatimes.com/news/how-to/how-ai-powered-tools-deepfakes-pose-a-misinformation-challenge-for-internet-users/articleshow/98770592.cms?from=mdr
- https://www.dw.com/en/india-ai-driven-political-messaging-raises-ethical-dilemma/a-69172400
- https://pure.rug.nl/ws/portalfiles/portal/975865684/proceedings.pdf#page=62
