Countering Misinformation; Provisions under the Bharatiya Nyaya Sanhita, 2023

Aditi Pangotra

Research Analyst, Policy & Advocacy, CyberPeace

PUBLISHED ON

Sep 9, 2024

Introduction

Misinformation is, to its basic meaning, incorrect or misleading information, it may or may not include specific malicious intent and includes inaccurate, incomplete, misleading, or false information and selective or half-truths. The main challenges in dealing with misinformation are defining and distinguishing misinformation from legitimate content. This complexity arises due to the rapid evolution and propagation which information undergoes on the digital platforms. Additionally, balancing the fundamental right of freedom of speech and expression with content regulation by state actors poses a significant challenge. It requires careful consideration to avoid censorship while effectively combating harmful misinformation.

Acknowledging the severe consequences of misinformation and the critical need to combat misinformation, Bharatiya Nyaya Sanhita (BNS), 2023 has implemented key measures to address misinformation in India. These new provisions introduced under the new criminal laws in India penalise the deliberate creation, distribution, or publication of inaccurate information. Previously missing from the IPC, these sections offer an additional legal resource to counter the proliferation of falsehoods, complementing existing laws targeting the same issue.

Section 353 of the BNS on Statements Conducing to Public Mischief criminalises making, publishing, or circulating statements, false information, rumours, or reports, including through electronic means, with the intent or likelihood of causing various harmful outcomes.

This section thus brings misinformation into its ambit, since misinformation has been traditionally used to induce public fear or alarm that may lead to offences against the State or public tranquillity or inciting one class or community to commit offences against another. The section also penalizes the promotion of enmity, hatred, or ill will among different religious, racial, linguistic, or regional groups.

BNS also prescribes punishment of imprisonment for up to three years, a fine, or both for offences under section 353. Interestingly, a longer imprisonment of up to 5 years along with a fine has been prescribed to curb such offences in places of worship or during religious ceremonies. The only exception that may be availed under this section is granted to unsuspecting individuals who, believing the misinformation to be true, spread misinformation without any ill intent. However, this exception may not be as effective in curbing misinformation, since at the outset, the offence is hard to trace and has multiple pockets for individuals to seek protection without any mechanism to verify their intent.

The BNS also aims to regulate misinformation through Section 197(1)(d) on Imputations, assertions prejudicial to national integration. Under this provision, anyone who makes or publishes false or misleading information, whether it is in the form of spoken words, written, by signs, in visible representations, or through electronic communication, therefore, results in jeopardising the sovereignty, unity, integrity, or security of India is liable to face punishment in the form of imprisonment for up to three years, a fine, or both and if it occurs in a place of worship or during religious ceremonies, the quantum of punishment is increased to imprisonment for up to five years and may include a fine. Additionally, Section 212 (a) & (b) provides against furnishing false information. If a person who is legally obligated to provide information to a public servant, knowingly or reasonably believes that the information is false, and still furnishes it, they now face a punishment of six months imprisonment or a fine up to five thousand rupees or both. However, if the false information pertains to the commission or prevention of an offence, or the apprehension of an offender, the punishment increases to imprisonment for up to two years, a fine, or both.

Enforcement Mechanisms: CyberPeace Policy Wing Outlook

To ensure the effective enforcement of these provisions, coordination between the key stakeholders, i.e., the law enforcement agencies, digital platforms, and judicial oversight is essential. Law enforcement agencies must utilize technology such as data analytics and digital forensics for tracking and identifying the origins of false information. This technological capability is crucial for pinpointing the sources and preventing the further spread of misinformation. Simultaneously, digital platforms associated with misinformation content are required to implement robust monitoring and reporting mechanisms to detect and address the generated misleading content proactively. A supporting oversight by judicial bodies plays a critical role in ensuring that enforcement actions are conducted fairly and in line with legal standards. It helps maintain a balance between addressing misinformation and upholding fundamental rights such as freedom of speech. The success of the BNS in addressing these challenges will depend on the effective integration of these mechanisms and ongoing adaptation to the evolving digital landscape.

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PUBLISHED ON

Sep 9, 2024

Related Blogs

Meta’s Proposed AI Age Classifier to Restrict Adult Content Access to Teen Users

November 15, 2024

Introduction

A Pew Research Center survey conducted in September 2023, found that among 1,453 age group of 13-17 year olds projected that the majority of the age group uses TikTok (63%), Snapchat (60%) and Instagram (59%) in the U.S. Further, in India the 13-19 year-olds age group makes up 31% of social media users in India, according to a report by Statista from 2021. This has been the leading cause of young users inadvertently or deliberately accessing adult content on social media platforms.

Brief Analysis of Meta’s Proposed AI Age Classifier

It can be seen as a step towards safer and moderated content for teen users, by placing age restrictions on teen social media users as sometimes they do not have enough cognitive skills to understand what content can be shared and consumed on these platforms and what can not as per their age. Moreover, there needs to be an understanding of platform policies and they need to understand that nothing can be completely erased from the internet.

Unrestricted access to social media exposes teens to potentially harmful or inappropriate online content, raising concerns about their safety and mental well-being. Meta's recent measures aim to address this, however striking a balance between engagement, protection, and privacy is also an essential part.

The AI-based Age Classifier proposed by Meta classifies users based on their age and places them in the ‘Teen Account’ category which has built-in limits on who can contact them, the content they see and more ways to connect and explore their interests. According to Meta, teens under 16 years of age will need parental permission to change these settings.

Meta's Proposed Solution: AI-Powered Age Classifier

This tool uses Artificial Intelligence (AI) to analyze users’ online behaviours and other profile information to estimate their age. It analyses different factors such as who follows the user, what kind of content they interact with, and even comments like birthday posts from friends. If the classifier detects that a user is likely under 18 years old, it will automatically switch them to a “Teen Account.” These accounts have more restricted privacy settings, such as limiting who can message the user and filtering the type of content they can see.

The adult classifier is anticipated to be deployed by next year and will start scanning for such users who may have lied about their age. All users found to be under 18 years old will be placed in the category of teen accounts, but 16-17 year olds will be able to adjust these settings if they want more flexibility, while younger teens will need parental permission. The effort is part of a broader strategy to protect teens from potentially harmful content on social media. This is especially important in today’s time as the invasion of privacy for anyone, particularly, can be penalised due to legal instruments like GDPR, DPDP Act, COPPA and many more.

Policy Implications and Compliances

Meta's AI Age Classifier addresses the growing concerns over teen safety on social media by categorizing users based on age, restricting minors' access to adult content, and enforcing parental controls. However, reliance on behavioural tracking might potentially impact the online privacy of teen users. Hence the approach of Meta needs to be aligned with applicable jurisdictional laws. In India, the recently enacted DPDP Act, of 2023 prohibits behavioural tracking and targeted advertising to children. Accuracy and privacy are the two main concerns that Meta should anticipate when they roll out the classifier.

Meta emphasises transparency to build user trust, and customizable parental controls empower families to manage teens' online experiences. This initiative reflects Meta's commitment to creating a safer, regulated digital space for young users worldwide, it must also align its policies properly with the regional policy and law standards. Meta’s proposed AI Age Classifier aims to protect teens from adult content, reassure parents by allowing them to curate acceptable content, and enhance platform integrity by ensuring a safer environment for teen users on Instagram.

Conclusion

Meta’s AI Age Classifier while promising to enhance teen safety and putting certain restrictions and parental controls on accounts categorised as ‘teen accounts’, must also properly align with global regulations like GDPR, and the DPDP Act with reference to India. This tool offers reassurance to parents and aims to foster a safer social media environment for teens. To support accurate age estimation and transparency, policy should focus on refining AI methods to minimise errors and ensure clear disclosures about data handling. Collaborative international standards are essential as privacy laws evolve. Meta’s initiative is intended to prioritise youth protection and build public trust in AI-driven moderation across social platforms, while it must also balance the online privacy of users while utilising these advanced tech measures on the platforms.

References

Corporate Leader Duped by Digital Arrest Scam: A New Era of Cyber Fraud

October 8, 2024

Introduction

The Chairman of Vardhman Group, Mr SP Oswal, an India-based textile manufacturer, fell victim to a cyber fraud scheme that cost him ₹7 crore. The scam unfolded on August 28 and 29, conning Mr Oswal into transferring Rs 7 crore into multiple bank accounts. As per the recent reports, the Police have managed to freeze these accounts and recover over Rs 5 crore as of now. The fraudsters convinced Mr SP Oswal that he was a suspect in a money laundering investigation and held on a “Digital Arrest”. These are sophisticated cyber frauds where cyber-criminals impersonate law enforcement officials or other authorities and target innocent individuals with manipulative tactics. The scam targets are often contacted out of the blue, on Instant messaging apps like WhatsApp and informed that their bank accounts, digital identities, or other online assets have been compromised. Criminals play into the victims' fear by threatening them with imminent arrest, legal consequences, or public humiliation if they don't cooperate with a series of urgent demands.

Posing as Officials, Fraudsters Orchestrate ₹7 Crore Scam

The investigation revealed that the fraudsters posed as members of the Central Bureau of Investigation (CBI). They had contacted Mr Oswal and claimed that his Aadhaar had been misused in a case involving fake passports and financial fraud. The imposter conducted a video call in a police uniform using a background with the CBI logo. The fraud escalated further, Mr Oswal got a fake "arrest warrant" on WhatsApp allegedly authorised by the Supreme Court. Fraudsters convinced Mr Oswal to transfer ₹7 crores to facilitate bail proceedings, claiming he was under "digital arrest". The meticulously planned scam involved fake documents, a virtual courtroom, and relentless intimidation tactics leaving Mr Oswal effectively under "digital arrest" for two days. While the police have successfully recovered over Rs 5 crore so far, this case highlights the alarming threat of digital impersonation of law enforcement authorities.

Legal Outlook on the Validity of Digital Arrests

In India, the main laws governing cyber crimes are the Information Technology Act, of 2000 and the rules made under therein, and the newly enacted Bhartiya Nyaya Sanhita, 2023. Recently enacted new criminal laws do not provide for any provision for law enforcement agencies conducting a digital arrest. The law only provides for service of the summons and the proceedings in an electronic mode. Hence, there are no provisions for conducting 'digital arrests' as per the laws of the country.

Further, It should be noted that the Indian Cyber Crime Coordination Centre (I4C), under the Ministry of Home Affairs, coordinates the activities related to combating cybercrime in the country. MHA works closely with other ministries to counter these frauds. The I4C also provides technical support to the police authorities of states/UTs for the identification and investigation of these cases.

Best Practices to Avoid Digital Arrest Scams

To protect yourself from scams, it is crucial to verify the identity of individuals claiming to be law enforcement or government officials and use official contact channels to confirm their credentials.
Be cautious of pressure tactics used by fraudsters, especially demands for quick payment over unverified communication platforms like WhatsApp.
Cross-check official documents with legal advisors or relevant authorities.
Never share sensitive personal information, such as your Aadhaar number, over phone calls, emails, or messages without verifying the request's authenticity.
Avoid untraceable payments, such as cryptocurrency or prepaid cards, without validating the transaction's legitimacy, especially under duress.
Stay informed on scam techniques, particularly those involving impersonation and digital threats.
Enable Two-Factor Authentication (2FA) for sensitive online accounts to prevent misuse.
Consult advice from legal professionals if you receive threatening communication involving digital arrest or legal actions and do not take any action on the asks of persons posing as legitimate authorities.
In case of any cybercrime, you can file a complaint at cybercrime.gov.in or helpline number 1930. You can also seek assistance from the CyberPeace helpline at +91 9570000066.

Conclusion

The digital arrest of Vardhman Group's CEO underscores the increasing sophistication of cyber fraud schemes, which exploit fear and urgency, leading to severe financial and reputational harm. No one is immune from cybercrime, vigilance is essential at all leadership levels. While laws like the IT Act and initiatives taken by the I4C help combat cybercrime, rapidly evolving threats demand proactive safety measures. Beyond the possibility of financial loss, incidents like this jeopardise brand reputation, investor confidence, and operational stability. Be cautious of such threats and exercise due care and caution while navigating the digital landscape. Be aware of such kinds of scams and the manipulative tactics used by fraudsters to avoid them. By staying vigilant and aware we can avoid the growing scam of digital arrests.

References

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Unseen Shadows: The Silent War of Malware on Mac

Deepfake Pornography: An Unsettling Symphony of AI and Human Vulnerability

December 7, 2023

In the vast, uncharted territories of the digital world, a sinister phenomenon is proliferating at an alarming rate. It's a world where artificial intelligence (AI) and human vulnerability intertwine in a disturbing combination, creating a shadowy realm of non-consensual pornography. This is the world of deepfake pornography, a burgeoning industry that is as lucrative as it is unsettling.

According to a recent assessment, at least 100,000 deepfake porn videos are readily available on the internet, with hundreds, if not thousands, being uploaded daily. This staggering statistic prompts a chilling question: what is driving the creation of such a vast number of fakes? Is it merely for amusement, or is there a more sinister motive at play?

Recent Trends and Developments

An investigation by India Today’s Open-Source Intelligence (OSINT) team reveals that deepfake pornography is rapidly morphing into a thriving business. AI enthusiasts, creators, and experts are extending their expertise, investors are injecting money, and even small financial companies to tech giants like Google, VISA, Mastercard, and PayPal are being misused in this dark trade. Synthetic porn has existed for years, but advances in AI and the increasing availability of technology have made it easier—and more profitable—to create and distribute non-consensual sexually explicit material. The 2023 State of Deepfake report by Home Security Heroes reveals a staggering 550% increase in the number of deepfakes compared to 2019.

What’s the Matter with Fakes?

But why should we be concerned about these fakes? The answer lies in the real-world harm they cause. India has already seen cases of extortion carried out by exploiting deepfake technology. An elderly man in UP’s Ghaziabad, for instance, was tricked into paying Rs 74,000 after receiving a deep fake video of a police officer. The situation could have been even more serious if the perpetrators had decided to create deepfake porn of the victim.

The danger is particularly severe for women. The 2023 State of Deepfake Report estimates that at least 98 percent of all deepfakes is porn and 99 percent of its victims are women. A study by Harvard University refrained from using the term “pornography” for creating, sharing, or threatening to create/share sexually explicit images and videos of a person without their consent. “It is abuse and should be understood as such,” it states.

Based on interviews of victims of deepfake porn last year, the study said 63 percent of participants talked about experiences of “sexual deepfake abuse” and reported that their sexual deepfakes had been monetised online. It also found “sexual deepfake abuse to be particularly harmful because of the fluidity and co-occurrence of online offline experiences of abuse, resulting in endless reverberations of abuse in which every aspect of the victim’s life is permanently disrupted”.

Creating deepfake porn is disturbingly easy. There are largely two types of deepfakes: one featuring faces of humans and another featuring computer-generated hyper-realistic faces of non-existing people. The first category is particularly concerning and is created by superimposing faces of real people on existing pornographic images and videos—a task made simple and easy by AI tools.

During the investigation, platforms hosting deepfake porn of stars like Jennifer Lawrence, Emma Stone, Jennifer Aniston, Aishwarya Rai, Rashmika Mandanna to TV actors and influencers like Aanchal Khurana, Ahsaas Channa, and Sonam Bajwa and Anveshi Jain were encountered. It takes a few minutes and as little as Rs 40 for a user to create a high-quality fake porn video of 15 seconds on platforms like FakeApp and FaceSwap.

The Modus Operandi

These platforms brazenly flaunt their business association and hide behind frivolous declarations such as: the content is “meant solely for entertainment” and “not intended to harm or humiliate anyone”. However, the irony of these disclaimers is not lost on anyone, especially when they host thousands of non-consensual deepfake pornography.

As fake porn content and its consumers surge, deepfake porn sites are rushing to forge collaborations with generative AI service providers and have integrated their interfaces for enhanced interoperability. The promise and potential of making quick bucks have given birth to step-by-step guides, video tutorials, and websites that offer tools and programs, recommendations, and ratings.

Nearly 90 per cent of all deepfake porn is hosted by dedicated platforms that charge for long-duration premium fake content and for creating porn—of whoever a user wants, and take requests for celebrities. To encourage them further, they enable creators to monetize their content.

One such website, Civitai, has a system in place that pays “rewards” to creators of AI models that generate “images of real people'', including ordinary people. It also enables users to post AI images, prompts, model data, and LoRA (low-rank adaptation of large language models) files used in generating the images. Model data designed for adult content is gaining great popularity on the platform, and they are not only targeting celebrities. Common people are equally susceptible.

Access to premium fake porn, like any other content, requires payment. But how can a gateway process payment for sexual content that lacks consent? It seems financial institutes and banks are not paying much attention to this legal question. During the investigation, many such websites accepting payments through services like VISA, Mastercard, and Stripe were found.

Those who have failed to register/partner with these fintech giants have found a way out. While some direct users to third-party sites, others use personal PayPal accounts to manually collect money in the personal accounts of their employees/stakeholders, which potentially violates the platform's terms of use that ban the sale of “sexually oriented digital goods or content delivered through a digital medium.”

Among others, the MakeNude.ai web app – which lets users “view any girl without clothing” in “just a single click” – has an interesting method of circumventing restrictions around the sale of non-consensual pornography. The platform has partnered with Ukraine-based Monobank and Dublin’s BetaTransfer Kassa which operates in “high-risk markets”.

BetaTransfer Kassa admits to serving “clients who have already contacted payment aggregators and received a refusal to accept payments, or aggregators stopped payments altogether after the resource was approved or completely freeze your funds”. To make payment processing easy, MakeNude.ai seems to be exploiting the donation ‘jar’ facility of Monobank, which is often used by people to donate money to Ukraine to support it in the war against Russia.

The Indian Scenario

India currently is on its way to design dedicated legislation to address issues arising out of deepfakes. Though existing general laws requiring such platforms to remove offensive content also apply to deepfake porn. However, persecution of the offender and their conviction is extremely difficult for law enforcement agencies as it is a boundaryless crime and sometimes involves several countries in the process.

A victim can register a police complaint under provisions of Section 66E and Section 66D of the IT Act, 2000. Recently enacted Digital Personal Data Protection Act, 2023 aims to protect the digital personal data of users. Recently Union Government issued an advisory to social media intermediaries to identify misinformation and deepfakes. Comprehensive law promised by Union IT minister Ashwini Vaishnav will be able to address these challenges.

Conclusion

In the end, the unsettling dance of AI and human vulnerability continues in the dark web of deepfake pornography. It's a dance that is as disturbing as it is fascinating, a dance that raises questions about the ethical use of technology, the protection of individual rights, and the responsibility of financial institutions. It's a dance that we must all be aware of, for it is a dance that affects us all.

Countering Misinformation; Provisions under the Bharatiya Nyaya Sanhita, 2023

Introduction

Enforcement Mechanisms: CyberPeace Policy Wing Outlook

Resources:

Related Blogs

Introduction

Brief Analysis of Meta’s Proposed AI Age Classifier

Meta's Proposed Solution: AI-Powered Age Classifier

Policy Implications and Compliances

Conclusion

References

Introduction

Posing as Officials, Fraudsters Orchestrate ₹7 Crore Scam

Legal Outlook on the Validity of Digital Arrests

Best Practices to Avoid Digital Arrest Scams

Conclusion

References

Recent Trends and Developments

What’s the Matter with Fakes?

The Modus Operandi

The Indian Scenario

Conclusion

References

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