Chakshu and DIP: Shielding Citizens from Online Frauds

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

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Introduction

“GPS Spoofing” though formerly was confined to conflict zones as a consequence, has lately become a growing hazard for pilots and aircraft operators across the world, and several countries have been facing such issues. This definition stems from the US Radio Technical Commission for Aeronautics, which delivers specialized advice for government regulatory authorities. Global Positioning System (GPS) is considered an emergent part of aviation infrastructure as it supersedes traditional radio beams used to direct planes towards the landing. “GPS spoofing” occurs when a double-dealing radio signal overrides a legitimate GPS satellite alert where the receiver gets false location information. In the present times, this is the first time civilian passenger flights have faced such a significant danger, though GPS signal interference of this character has existed for over a decade. According to the Agency France-Presse (AFP), false GPS signals mislead onboard plane procedures and problematise the job of airline pilots that are surging around conflict areas. GPS spoofing may also be the outcome of military electronic warfare systems that have been deployed in zones combating regional tension. GPS spoofing can further lead to significant upheavals in commercial aviation, which include arrivals and departures of passengers apart from safety.

Spoofing might likewise involve one country’s military sending false GPS signals to an enemy plane or drone to impede its capability to operate, which has a collateral impact on airliners operating at a near distance. Collateral impairment in commercial aircraft can occur as confrontations escalate and militaries send faulty GPS signals to attempt to thwart drones and other aircraft. It could, therefore, lead to a global crisis, leading to the loss of civilian aircraft in an area already at a high-risk zone close to an operational battle area. Furthermore, GPS jamming is different from GPS Spoofing. While jamming is when the GPS signals are jammed or obstructed, spoofing is very distinct and way more threatening. 

Global Reporting

An International Civil Aviation Organization (ICAO) assessment released in 2019 indicated that there were 65 spoofing incidents across the Middle East in the preceding two years, according to the C4ADS report. At the beginning of 2018, Euro control received more than 800 reports of Global Navigation Satellite System (GNSS) interference in Europe. Also, GPS spoofing in Eastern Europe and the Middle East has resulted in up to 80nm divergence from the flight route and aircraft impacted have had to depend on radar vectors from Air Traffic Control (ATC). According to Forbes, flight data intelligence website OPSGROUP, constituted of 8,000 members including pilots and controllers, has been reporting spoofing incidents since September 2023. Similarly, over 20 airlines and corporate jets flying over Iran diverted from their planned path after they were directed off the pathway by misleading GPS signals transmitted from the ground, subjugating the navigation systems of the aircraft.  

In this context, vicious hackers, however at large, have lately realized how to override the critical Inertial Reference Systems (IRS) of an airplane, which is the essential element of technology and is known by the manufacturers as the “brains” of an aircraft. However, the current IRS is not prepared to counter this kind of attack. IRS uses accelerometers, gyroscopes and electronics to deliver accurate attitude, speed, and navigation data so that a plane can decide how it is moving through the airspace. GPS spoofing occurrences make the IRS ineffective, and in numerous cases, all navigation power is lost.

Red Flag from Agencies

The European Union Aviation Safety Agency (EASA) and the International Air Transport Association (IATA) correspondingly hosted a workshop on incidents where people have spoofed and obstructed satellite navigation systems and inferred that these direct a considerable challenge to security. IATA and EASA have further taken measures to communicate information about GPS tampering so that crew and pilots can make sure to determine when it is transpiring. The EASA had further pre-cautioned about an upsurge in reports of GPS spoofing and jamming happenings in the Baltic Sea area, around the Black Sea, and regions near Russia and Finland in 2022 and 2023. According to industry officials, empowering the latest technologies for civil aircraft can take several years, and while GPS spoofing incidents have been increasing, there is no time to dawdle. Experts have noted critical navigation failures on airplanes, as there have been several recent reports of alarming cyber attacks that have changed planes' in-flight GPS. As per experts, GPS spoofing could affect commercial airlines and cause further disarray. Due to this, there are possibilities that pilots can divert from the flight route, further flying into a no-fly zone or any unauthorized zone, putting them at risk.

According to OpsGroup, a global group of pilots and technicians first brought awareness and warning to the following issue when the Federal Aviation Administration (FAA) issued a forewarning on the security of flight risk to civil aviation operations over the spate of attacks. In addition, as per the civil aviation regulator Directorate General of Civil Aviation (DGCA), a forewarning circular on spoofing threats to planes' GPS signals when flying over parts of the Middle East was issued. DGCA advisory further notes the aviation industry is scuffling with uncertainties considering the contemporary dangers and information of GNSS jamming and spoofing. 

Conclusion

As the aviation industry continues to grapple with GPS spoofing problems, it is entirely unprepared to combat this, although the industry should consider discovering attainable technologies to prevent them. As International conflicts become convoluted, technological solutions are unrestricted and can be pricey, intricate and not always efficacious depending on what sort of spoofing is used.

As GPS interference attacks become more complex, specialized resolutions should be invariably contemporized. Improving education and training (to increase awareness among pilots, air traffic controllers and other aviation experts), receiver technology (Creating and enforcing more state-of-the-art GPS receiver technology), ameliorating monitoring and reporting (Installing robust monitoring systems), cooperation (collaboration among stakeholders like government bodies, aviation organisations etc.), data/information sharing, regulatory measures (regulations and guidelines by regulatory and government bodies) can help in averting GPS spoofing.

References

• https://economictimes.indiatimes.com/industry/transportation/airlines-/-aviation/false-gps-signal-surge-makes-life-hard-for-pilots/articleshow/108363076.cms?from=mdr
• https://nypost.com/2023/11/20/lifestyle/hackers-are-taking-over-planes-gps-experts-are-lost-on-how-to-fix-it/
• https://www.timesnownews.com/india/planes-losing-gps-signal-over-middle-east-dgca-flags-spoofing-threat-article-105475388
• https://www.firstpost.com/world/gps-spoofing-deceptive-gps-lead-over-20-planes-astray-in-iran-13190902.html
• https://www.forbes.com/sites/erictegler/2024/01/31/gps-spoofing-is-now-affecting-airplanes-in-parts-of-europe/?sh=48fbe725c550
• https://www.insurancejournal.com/news/international/2024/01/30/758635.htm
• https://airwaysmag.com/gps-spoofing-commercial-aviation/
• https://www.wsj.com/articles/aviation-industry-to-tackle-gps-security-concerns-c11a917f
• https://www.deccanherald.com/world/explained-what-is-gps-spoofing-that-has-misguided-around-20-planes-near-iran-iraq-border-and-how-dangerous-is-this-2708342

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Executive Summary:

A number of false information is spreading across social media networks after the users are sharing the mistranslated video with Indian Hindus being congratulated by Italian Prime Minister Giorgia Meloni on the inauguration of Ram Temple in Ayodhya under Uttar Pradesh state. Our CyberPeace Research Team’s investigation clearly reveals that those allegations are based on false grounds. The true interpretation of the video that actually is revealed as Meloni saying thank you to those who wished her a happy birthday.

Claims:

A X (Formerly known as Twitter) user’ shared a 13 sec video where Italy Prime Minister Giorgia Meloni speaking in Italian and user claiming to be congratulating India for Ram Mandir Construction, the caption reads, 

“Italian PM Giorgia Meloni Message to Hindus for Ram Mandir #RamMandirPranPratishta. #Translation : Best wishes to the Hindus in India and around the world on the Pran Pratistha ceremony. By restoring your prestige after hundreds of years of struggle, you have set an example for the world. Lots of love.”

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Fact Check:

The CyberPeace Research team tried to translate the Video in Google Translate. First, we took out the transcript of the Video using an AI transcription tool and put it on Google Translate; the result was something else.

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The Translation reads, “Thank you all for the birthday wishes you sent me privately with posts on social media, a lot of encouragement which I will treasure, you are my strength, I love you.”

With this we are sure that it was not any Congratulations message but a thank you message for all those who sent birthday wishes to the Prime Minister. 

We then did a reverse Image Search of frames of the Video and found the original Video on the Prime Minister official X Handle uploaded on 15 Jan, 2024 with caption as, “Grazie. Siete la mia” Translation reads, “Thank you. You are my strength!”

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Conclusion:

The 13 Sec video shared by a user had a great reach at X as a result many users shared the Video with Similar Caption. A Misunderstanding starts from one Post and it spreads all. The Claims made by the X User in Caption of the Post is totally misleading and has no connection with the actual post of Italy Prime Minister Giorgia Meloni speaking in Italian. Hence, the Post is fake and Misleading.

• Claim:  Italian Prime Minister Giorgia Meloni congratulated Hindus in the context of Ram Mandir
• Claimed on: X
• Fact Check: Fake

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