Countering Misinformation; Provisions under the Bharatiya Nyaya Sanhita, 2023
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.
Resources:
- Bharatiya Nyaya Sanhita, 2023 https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf
- https://www.foxmandal.in/changes-brought-forth-by-the-bharatiya-nyaya-sanhita-2023/
- https://economictimes.indiatimes.com/news/india/spreading-fake-news-could-land-people-in-jail-for-three-years-under-new-bharatiya-nyaya-sanhita-bill/articleshow/102669105.cms?from=mdr
Related Blogs
Introduction
India’s telecom regulator, the Telecom Regulatory Authority of India (TRAI), has directed telcos to block all unverified headers and message templates within 30 and 60 days, respectively, according to a press release. The regulator observed that telemarketers were ‘misusing’ headers and message templates of registered parties and asked telcos to reverify all registered headers & message templates on the DLT (Distributed Ledger Technology) platform. All telecom service providers (TSP) have to comply with these directions, issued under the Telecom Commercial Communication Customer Preference Regulations, 2018, within a month, TRAI said in its release. The directions were issued after TRAI held a meeting with telcos on February 17, 2023, to discuss quality of service (QoS) improvements, review of QoS standards, QoS of 5G services and unsolicited commercial communications”, as per its press release.
Why it matters?
It may be useful as it can ensure that all promotional messages are sent through registered telemarketers using only approved templates. It is no secret that the spam problem has been difficult to rein in, so the measure can restrict its proliferation and filter out telemarketers resorting to misuse.
Details about TRAI’s orders
The release said that telcos have to ensure that temporary headers are deactivated immediately after the time duration for which such headers were created. The telcos also have to ensure that there is no space to insert unwanted content in the template of a message where one can add content to be sent to people. Message recipients should not be confused, so telcos must ensure that they register no lookalike headers in the names of different senders.
Measures to check unregistered telemarketers
The release ordered telcos to bar telemarketers not registered on its DLT platform from accessing message templates and scrubbing them to deliver spam messages to recipients on the telco’s network. The telcos have been directed not to allow promotional messages to be sent by unregistered telemarketers or telemarketers using 10-digit telephone numbers. It added that telcos have to take action against erring telemarketers and share details of these telemarketers with other telcos, which will then be responsible for stopping these entities from sending commercial communications through their networks.
How big is the problem of spam?
A survey conducted by LocalCircles said that two out of every three people (66 per cent) in India get three or more spam calls daily. It added that not one person among thousands of respondents checked the box of ‘no spam’.
The platform said that it was a national survey which gathered over 56,000 responses from Indians located in 342 districts. It also found that 92 % of responders said they continue receiving spam despite opting for DND. The DND list is a feature where mobile subscriber can register their number to avoid getting unsolicited commercial communication (UCC).
Addressing the problem of spam
The regulatory body recently released a consultation paper that proposed the idea of providing the real name identity of callers to people receiving calls. The paper said that it would use a database containing each subscriber’s correct name to implement the caller name presentation (CNAP) service. The regulator wants to use details acquired by telecom service providers via customer acquisition forms (CAF).
TRAI formed a joint committee to look at the issue of phishing and cyber fraud in 2022. It included officials from the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI). The telecom watchdog had laid out a plan to combat SMS and call spam using blockchain technology (DLT). It saw telecom companies and TRAI to build an encrypted and distributed database that will record user consent to be included in SMS or call send-out lists.
According to a press release, the Telecom Regulatory Authority of India (TRAI), the telecom regulator in India, has ordered carriers to block any unverified headers and message templates within 30 and 60 days, respectively.
The regulator saw that telemarketers were “misusing” registered parties’ headers and message templates. Thus, they requested that telecoms validate all of the registered headers and message templates on the DLT (Distributed Ledger Technology) platform.
According to TRAI’s statement, all telecom service providers (TSP) must adhere to these directives within one month under the 2018 Telecom Commercial Communication Consumer Preference Rules. The guidelines were released following a conference with telcos convened by TRAI on February 17, 2023, to discuss quality of service (QoS) enhancements, a review of QoS standards, the QoS of 5G services, and unsolicited commercial communications.
Why it matters?
Requiring that only registered telemarketers send promotional communications using approved templates may prove to be a beneficial safeguard. It is no secret that the spam problem has been challenging to control, so the measure can limit its spread and screen out telemarketers that employ abusive tactics.
Information on the TRAI order
According to the press release, telecoms must ensure that temporary headers are deactivated as soon as the time period they were established has passed. The telecoms must also ensure that there is no room in the message template where one can add content to be sent to recipients for unwanted content. There should be no room for uncertainty among message recipients. Thus, telecoms must ensure that no similar-looking headers are registered under the identities of various senders.
Taking action against unregistered telemarketers In accordance with the directive, telcos must prevent telemarketers who are not registered on their DLT platform from obtaining message templates and using them to send spam to subscribers on their network. Telemarketers who are not registered or who use 10-digit phone numbers cannot send promotional messages, according to instructions given to telecoms. Telcos must take action against misbehaving telemarketers, it was noted, and divulge their information to other telecoms, who would be in charge of preventing these companies from transmitting commercial messages.
How widespread is the spam issue?
According to a LocalCircles poll, three or more spam calls are received every day by two out of every three Indians (66%) on average. It further stated that not a single one of the thousands of responses clicked the “no-spam” box. According to the platform, the survey was conducted nationally and received over 56,000 responses from Indians in 342 districts. Moreover, 92 % of respondents reported that even after choosing DND, they still receive spam. A mobile subscriber can register their number on the DND list to prevent receiving unsolicited commercial communication (UCC).
consultation document recently in which it recommended the concept of providing the genuine name identify of callers to persons receiving calls. The paper indicated that it would employ a database containing each subscriber’s correct name to implement the caller name presentation (CNAP) service. The regulator wants to use information collected by telecom service providers through client acquisition forms (CAF).
Conclusion
TRAI established a joint committee to examine the problem of phishing and cyber scams in 2022. Officials from the Securities and Exchange Board of India (SEBI) and Reserve Bank of India (RBI) were present (SEBI).
The telecom watchdog had outlined a strategy for leveraging blockchain technology to combat SMS and call spam (DLT).
Introduction
In the wake of the Spy Loan scandal, more than a dozen malicious loan apps were downloaded on Android phones from the Google Play Store, However, the number is significantly higher because they are also available on third-party marketplaces and questionable websites.
Unmasking the Scam
When a user borrows money, these predatory lending applications capture large quantities of information from their smartphone, which is then used to blackmail and force them into returning the total with hefty interest levels. While the loan amount is disbursed to users, these predatory loan apps request sensitive information by granting access to the camera, contacts, messages, logs, images, Wi-Fi network details, calendar information, and other personal information. These are then sent to loan shark servers.
The researchers have disclosed facts about the applications used by loan sharks to mislead consumers, as well as the numerous techniques used to circumvent some of the limitations imposed on the Play Store. Malware is often created with appealing user interfaces and promotes simple and rapid access to cash with high-interest payback conditions. The revelation of the Spy Loan scandal has triggered an immediate response from law enforcement agencies worldwide. There is an urgency to protect millions of users from becoming victims of malicious loan apps, it has become extremely important for law enforcement to unmask the culprits and dismantle the cyber-criminal network.
Aap’s banned: here is the list of the apps banned by Google Play Store :
- AA Kredit: इंस्टेंट लोन ऐप (com.aa.kredit.android)
- Amor Cash: Préstamos Sin Buró (com.amorcash.credito.prestamo)
- Oro Préstamo – Efectivo rápido (com.app.lo.go)
- Cashwow (com.cashwow.cow.eg)
- CrediBus Préstamos de crédito (com.dinero.profin.prestamo.credito.credit.credibus.loan.efectivo.cash)
- ยืมด้วยความมั่นใจ – ยืมด่วน (com.flashloan.wsft)
- PréstamosCrédito – GuayabaCash (com.guayaba.cash.okredito.mx.tala)
- Préstamos De Crédito-YumiCash (com.loan.cash.credit.tala.prestmo.fast.branch.mextamo)
- Go Crédito – de confianza (com.mlo.xango)
- Instantáneo Préstamo (com.mmp.optima)
- Cartera grande (com.mxolp.postloan)
- Rápido Crédito (com.okey.prestamo)
- Finupp Lending (com.shuiyiwenhua.gl)
- 4S Cash (com.swefjjghs.weejteop)
- TrueNaira – Online Loan (com.truenaira.cashloan.moneycredit)
- EasyCash (king.credit.ng)
- สินเชื่อปลอดภัย – สะดวก (com.sc.safe.credit)
Risks with several dimensions
SpyLoan's loan application violates Google's Financial Services policy by unilaterally shortening the repayment period for personal loans to a few days or any other arbitrary time frame. Additionally, the company threatens users with public embarrassment and exposure if they do not comply with such unreasonable demands.
Furthermore, the privacy rules presented by SpyLoan are misleading. While ostensibly reasonable justifications are provided for obtaining certain permissions, they are very intrusive practices. For instance, camera permission is ostensibly required for picture data uploads for Know Your Customer (KYC) purposes, and access to the user's calendar is ostensibly required to plan payment dates and reminders. However, both of these permissions are dangerous and can potentially infringe on users' privacy.
Prosecution Strategies and Legal Framework
The law enforcement agencies and legal authorities initiated prosecution strategies against the individuals who are involved in the Spy Loan Scandal, this multifaced approach involves international agreements and the exploration of innovative legal avenues. Agencies need to collaborate with International agencies to work on specific cyber-crime, leveraging the legal frameworks against digital fraud furthermore, the cross-border nature of the spy loan operation requires a strong legal framework to exchange information, extradition requests, and the pursuit of legal actions across multiple jurisdictions.
Legal Protections for Victims: Seeking Compensation and Restitution
As the legal battle unfolds in the aftermath of the Spy loan scam the focus shifts towards the victims, who suffer financial loss from such fraudulent apps. Beyond prosecuting culprits, the pursuit of justice should involve legal safeguards for victims. Existing consumer protection laws serve as a crucial shield for Spy Loan victims. These laws are designed to safeguard the rights of individuals against unfair practices.
Challenges in legal representation
As the legal hunt for justice in the Spy Loan scam progresses, it encounters challenges that demand careful navigation and strategic solutions. One of the primary obstacles in the legal pursuit of the Spy loan app lies in the jurisdictional complexities. Within the national borders, it’s quite challenging to define the jurisdiction that holds the authority, and a unified approach in prosecuting the offenders in various regions with the efforts of various government agencies.
Concealing the digital identities
One of the major challenges faced is the anonymity afforded by the digital realm poses a challenge in identifying and catching the perpetrators of the scam, the scammers conceal their identity and make it difficult for law enforcement agencies to attribute to actions against the individuals, this challenge can be overcome by joint effort by international agencies and using the advance digital forensics and use of edge cutting technology to unmask these scammers.
Technological challenges
The nature of cyber threats and crime patterns are changing day by day as technology advances this has become a challenge for legal authorities, the scammers explore vulnerabilities, making it essential, for law enforcement agencies to be a step ahead, which requires continuous training of cybercrime and cyber security.
Shaping the policies to prevent future fraud
As the scam unfolds, it has become really important to empower users by creating more and more awareness campaigns. The developers of the apps need to have a transparent approach to users.
Conclusion
It is really important to shape the policies to prevent future cyber frauds with a multifaced approach. Proposals for legislative amendments, international collaboration, accountability measures, technology protections, and public awareness programs all contribute to the creation of a legal framework that is proactive, flexible, and robust to cybercriminals' shifting techniques. The legal system is at the forefront of this effort, playing a critical role in developing regulations that will protect the digital landscape for years to come.
Safeguarding against spyware threats like SpyLoan requires vigilance and adherence to best practices. Users should exclusively download apps from official sources, meticulously verify the authenticity of offerings, scrutinize reviews, and carefully assess permissions before installation.
References
Executive Summary:
The internet is a nest of scams and there's much need to be careful with predatory ideas that prey on the naïve people. Within the recent days, a malicious campaign has emerged falsely alleging 28 day free recharge by courtesy of the Prime Minister Narendra Modi. This blog seeks to analyze the tactics used by this scam in luring the victims and give an overview on how one can identify and keep away from such fraudulent activities.
Claim:
In view of the increasing support for the BJP 2024 election, a rumor has allegedly claimed that the Prime Minister Narendra Modi offering a free recharge with a validity period of up-to twenty eight days at cost of ₹239 to all Indian users. The message encourages the users to click on a given link in order to redeem the free recharge, pointing out that this offer is valid until January 26th of 2024.
The Deceptive Journey:
- Insecure Links:The research begins with a suspicious link (http://offerintro[.]com/BJP2024), without any credibility that honest sites use to protect the user information. We should keep in mind that the links which aren’t secure may easily lead to phishing and other cyber threats.
- Multiple Redirects:When users click the link, they are immediately directed through a series of links. This common tactic used by scammers is designed to hide the true origin of their fraudulent scheme, making it difficult for users' efforts to identify the malicious activity.
- False Promises and Fake Comments:The landing page has a banner of the Prime Minister Narendra Modi that makes it look like this is an official channel and hence authentic. Further, false comments can be also included to compliment the alleged initiative. But remember that genuine government announcements are made through legal channels, not by the shady websites.
- Mobile Number Request:As the next step, the users enter their mobile numbers in the specified field. True initiatives never really need the personal information to pass through unofficial lines. This is actually a trick that scammers use to acquire the important information.
- Share to Activate:Once a user has entered the mobile number, he/she is prompted to share the link with others in order to “activate” promised free recharge. This method is most often used by scammers for spreading their fraudulent message beyond the targeted victim.
- Fake Progress Display:When the users have done their part by sharing the link, a false recharge in progress bar is shown to make them believe that it has started. But the consumers are unwittingly playing a part in the fraud.
- Recharge Completion Pop-up:The last stage of fraud includes a pop-up saying that the recharge is done; leaving users with the false belief that they have benefited from a legitimate government initiative.
What we Analyze :
- It is important to note that at this particular point, there has not been any official declaration or a proper confirmation of an offer made by the Prime Minister or from their government. So, people must be very careful when encountering such messages because they are often employed as lures in phishing attacks or misinformation campaigns. Before engaging or transmitting such claims, it is always advisable to authenticate the information from trustworthy sources in order to protect oneself online and prevent the spread of wrongful information.
- The campaign is hosted on a third party domain instead of any official Government Website, this raised suspicion. Also the domain has been registered in very recent times.
- Domain Name: offerintro[.]com
- Registry Domain ID: 2791466714_DOMAIN_COM-VRSN
- Registrar WHOIS Server: whois.godaddy[.]com
- Registrar URL: https://www.godaddy[.]com
- Registrar: GoDaddy[.]com, LLC
- Registrar IANA ID: 146
- Updated Date: 2023-06-18T20:37:20Z
- Creation Date: 2023-06-18T20:37:20Z
- Registrar Registration Expiration Date: 2024-06-18T20:37:20Z
- Name Server: ANAHI.NS.CLOUDFLARE.COM
- Name Server: GARRETT.NS.CLOUDFLARE.COM
CyberPeace Advisory:
- Stay Informed: Beware of the scams and keep yourself updated through authentic government platforms.
- Verify Website Security: Do not get engaged with any insecure HTTP links but focus on URLs that have secure encryption (HTTPS).
- Protect Personal Information: However, be cautious when sharing personal information – especially in a non-official channel.
- Report Suspicious Activity: If you discover any scams or fraudulent activities, report it and the relevant sites to help avoid others from being defrauded of their hard earned money.
Conclusion:
Summing up, Prime Minister Narendra Modi Free Recharge fraud is an excellent illustration that there is always some danger within cyberspace. The way of the method, from insecure links and also multiple redirects to false promises and really data collection make it clear that internet users should be more careful. The importance of staying up-to-date with what is happening in this new digital world, verifying credibility and also privacy are paramount. By being cautiously aware, the people can keep themselves safe from such fraudulent acts and also play a role in ensuring security even for an online world. Remember that an offer which is in a perfect world should be illegal. Therefore, after doing a thorough research we found this campaign to be fake.
