Centre Proposes New Bills for Criminal Law

Pretext

On 20th October 2022, the Competition Commission of India (CCI) imposed a penalty of Rs. 1,337.76 crores on Google for abusing its dominant position in multiple markets in the Android Mobile device ecosystem, apart from issuing cease and desist orders. The CCI also directed Google to modify its conduct within a defined timeline.  Smart mobile devices need an operating system (OS) to run applications (apps) and programs. Android is one such mobile operating system that Google acquired in 2005. In the instant matter, the CCI examined various practices of Google w.r.t. licensing of this Android mobile operating system and various proprietary mobile applications of Google (e.g., Play Store, Google Search, Google Chrome, YouTube, etc.).

The Issue

Google was found to be misusing its dominant position in the tech market, and the same was the reason behind the penalty. Google argued about the competitive constraints being faced from Apple. In relation to understanding the extent of competition between Google’s Android ecosystem and Apple’s iOS ecosystem, the CCI noted the differences in the two business models, which affect the underlying incentives of business decisions. Apple’s business is primarily based on a vertically integrated smart device ecosystem that focuses on the sale of high-end smart devices with state-of-the-art software components. In contrast, Google’s business was found to be driven by the ultimate intent of increasing users on its platforms so that they interact with its revenue-earning service, i.e., online searches, which directly affects the sale of online advertising services by Google. It was seen that google had created a dominant position among the android phone manufacturers as they were made to have a set of google apps preinstalled in the device to increase the user’s dependency on google services. The CCI felt that Google had created a dominant position to which they replied that the same operations are done by Apple as well, to which the commission responded that apple is a phone and app manufacturer and they have Apple-owned apps in Apple devices only, but Google here in had made a pseudo mandate for android manufactures to have the google apps pre-installed which is, in turn, a possible way of disrupting the market equilibrium and violative of market practices. The CCI imposed a penalty of Rs. 1,337.76 for abusing its dominant position in multiple markets in India, CCI delineated the following five relevant markets in the present matter –

• The market for licensable OS for smart mobile devices in India
• The market for app store for Android smart mobile OS in India
• The market for general web search services in India
• The market for non-OS specific mobile web browsers in India
• The market for online video hosting platforms (OVHP) in India.

Supreme Courts Opinion

In October 2022, the Competition Commission of India (CCI) ruled that Google, owned by Alphabet Inc, exploited its dominant position in Android and told it to remove restrictions on device makers, including those related to the pre-installation of apps and ensuring exclusivity of its search. Google lost a challenge in the Supreme Court to block the directives, as the learned court refused to put a stay on the imposed penalty, further giving seven days to comply. The Supreme Court has said a lower tribunal—where Google first challenged the Android directives—can continue to hear the company’s appeal and must rule by March 31.

Counterpoint Research estimates that about 97% of 600 million smartphones in India run on Android. Apple has just a 3% share. Hoping to block the implementation of the CCI directives, Google challenged the CCI order in the Supreme Court by warning it could stall the growth of the Android ecosystem. It also said it would be forced to alter arrangements with more than 1,100 device manufacturers and thousands of app developers if the directives kick in. Google has been concerned about India’s decision as the steps are seen as more sweeping than those imposed in the European Commission’s 2018 ruling. There it was fined for putting in place what the Commission called unlawful restrictions on Android mobile device makers. Google is still challenging the record $4.3 billion fine in that case. In Europe, Google made changes later, including letting Android device users pick their default search engine, and said device makers would be able to license the Google mobile application suite separately from the Google Search App or the Chrome browser.

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Conclusion

As the world goes deeper into cyberspace, the big tech companies have more control over the industry and the markets, but the same should not turn into anarchy in the global markets. The Tech giants need to be made aware that compliance is the utmost duty for all companies, and enforcement of the law of the land will be maintained no matter what. Earlier India lacked policies and legislation to govern cyberspace, but in the recent proactive stance by the govt, a lot of new bills have been tabled, one of them being the Intermediary Rules 2021, which has laid down the obligations nand duties of the companies by setting up an intermediary in the country. Such bills coupled with such crucial judgments on tech giants will act as a test and barrier for other tech companies who try to flaunt the rules and avoid compliance.

Introduction

In a world perpetually in motion, the currents of the information superhighway surge ceaselessly, molding perceptions, shaping realities, and often blurring the lines that tether truth to its moorings. At the heart of this relentless churn lies a conundrum that has become all too familiar, in which veracity is obscured by the shadow-play of misinformation. Emblematic of this dilemma is the narrative of Virat Kohli, a name that has become synonymous not only with cricketing brilliance but with the complexities of a modern era where digital echo chambers amplify half-truths and outright fabrications with alarming efficacy.

It is within this intricate fabric of the digital realm that the saga of Virat Kohli—a titan of cricket whose arsenal of strokes and strategic acumen have captivated audiences worldwide—takes on a dimension that transcends the sport. The speculative murmurs have been converted into roaring waves of misinformation, crafting a narrative that, while devoid of truth, assumes a disconcerting life. This digital osmosis, the transmutation from a quiet inkling to a deafening chorus of credibility, exemplifies the troublesome dynamic that has come to define our interactions with news media in the 21st century.

Fact check: Viral Misinformation

A viral post about Virat Kohli's mother suffering from liver issues has gone viral on social media. The claim came after Kohli withdrew from the India-England test series citing 'personal reasons'. Vikas Kohli, brother of Virat Kohli, clarified on Instagram that the viral news about their mother is false. He clarified that their mother is doing well and the viral claim is false. Vikas Kohli's Instagram page dismissed the viral claim, stating that he noticed the fake news and requested the media not to spread such news without proper information.

Fake Health Crisis

As this virulent strain of rumour regarding the health of Saroj Kohli, Virat Kohli’s mother, began to swell into the digital domain, it brought to the forefront a critical examination of the checks and balances within our networks of communication. Saroj, whose resilience and nurturing presence had been an anchor in the athlete's storied journey, undeservedly became the nucleus of a fictitious tale of despair, giving us pause to reflect on the ethical boundaries of storytelling in the world of clicks and views.

Vikas Kohli—the elder brother of Virat Kohli—took to social media, the very platform from which the falsehood originated, to stand as the bulwark against the spread of this groundless narrative. 

The Consequences

The consequences of such falsehoods and their rapid dissemination are manifold, affecting individuals and communities in profound ways. The motivations behind the proliferation of deceitful stories are as labyrinthine as the networks they traverse - from manipulation and economic incentives to the pursuit of sheer sensationalism or cynical entertainment, each strand intertwines to form an intricate web wherein truth struggles to assert itself.

Conclusion 

In the ceaseless expanses of the digital cosmos, where one can easily drift into the void of falsities, let the narrative of Virat Kohli stand as a sentinel, a reminder of our duty to navigate these waters with vigilance and to preserve the sanctity of truth. Amidst the vast ocean of content that laps in our consciousness, it is precisely this unwavering dedication to facts that will act as our compass, enabling us to discern the credible beacons from the deceptive mirages and ultimately ensuring that our discourse remains moored in the bedrock of reality.

References 

• https://www.thequint.com/news/webqoof/virat-kohli-mother-sick-liver-disease-fact-check
• https://indianexpress.com/article/sports/cricket/ind-vs-eng-virat-kohlis-brother-dismisses-fake-news-circulating-about-their-mother-9136144/
• https://www.outlookindia.com/amp/story/sports/ind-vs-eng-virat-kohlis-brother-slams-fake-news-on-their-mothers-health

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Executive Summary:

A recent claim going around on social media that a child created sand sculptures of cricket legend Mahendra Singh Dhoni, has been proven false by the CyberPeace Research Team. The team discovered that the images were actually produced using an AI tool. Evident from the unusual details like extra fingers and unnatural characteristics in the sculptures, the Research Team discerned the likelihood of artificial creation. This suspicion was further substantiated by AI detection tools. This incident underscores the need to fact-check information before posting, as misinformation can quickly go viral on social media. It is advised everyone to carefully assess content to stop the spread of false information.

Claims:

The claim is that the photographs published on social media show sand sculptures of cricketer Mahendra Singh Dhoni made by a child.

Fact Check:

Upon receiving the posts, we carefully examined the images. The collage of 4 pictures has many anomalies which are the clear sign of AI generated images.

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In the first image the left  hand of the sand sculpture has 6 fingers and in the word INDIA, ‘A’ is not properly aligned i.e not in the same line as other letters. In the second image, the finger of the boy is missing and the sand sculpture has 4 fingers in its front foot and has 3 legs. In the third image the slipper of the boy is not visible whereas some part of the slipper is visible, and in the fourth image the hand of the boy is not looking like a hand. These are some of the major discrepancies clearly visible in the images.

We then checked using an AI Image detection tool named ‘Hive’ image detection, Hive detected the image as 100.0% AI generated.

We then checked it in another AI image detection named ContentAtScale AI image detection, and it found to be 98% AI generated.

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From this we concluded that the Image is AI generated and has no connection with the claim made in the viral social media posts. We have also previously debunked AI Generated artwork of sand sculpture of Indian Cricketer Virat Kohli which had the same types of anomalies as those seen in this case.

Conclusion:

Taking into consideration the distortions spotted in the images and the result of AI detection tools, it can be concluded that the claim of the pictures representing the child's sand sculptures of cricketer Mahendra Singh Dhoni is false. The pictures are created with Artificial Intelligence. It is important to check and authenticate the content before posting it to social media websites.

• Claim: The frame of pictures shared on social media contains child's sand sculptures of cricket player Mahendra Singh Dhoni.
• Claimed on: X (formerly known as Twitter), Instagram, Facebook, YouTube
• Fact Check: Fake & Misleading