#Fact Check: Viral video of fighter pilot repairing aircraft mid-air is AI-generated

Executive Summary

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A video was shared on social media showing a woman food delivery agent allegedly being assaulted by a customer. The video showed the woman ringing a house’s doorbell to deliver an order. A man, who appeared to be in an inebriated state, came out, collected the order and left without paying. When the woman rang the doorbell again and asked him to pay for the order, another man, who appeared to be his friend, came out. The two men then appeared to forcibly pull the woman inside the house. She was later seen emerging from the house visibly injured and distressed, suggesting that she may have been assaulted. CyberPeace Research Wing reviewed the viral media and confirmed that the footage is staged. It bears no connection to any actual event and has been circulated on social networks with a misleading context.

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Claim

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On August 21, Facebook user D.K. Sharma shared a video clip asserting that it captures a real instance of a female food delivery partner being assaulted by customers. In the viral footage, a delivery woman knocks on a house door to drop off an order. An apparently intoxicated man receives the package and leaves without making the payment. When she rings the doorbell again to request the payment, a second man joins him. The duo is then seen forcibly dragging the woman inside the residence. Moments later, she emerges from the house visibly distressed and injured, suggesting physical assault.

https://www.facebook.com/reel/1326466852646458/ 

https://archive.ph/0P8dx 

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Fact Check

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A Google Reverse Image Search led the Desk to a video posted on a Facebook page named 3RD EYE, which had over 1.1 million followers at the time of publication of this story. The page had shared the same video on June 21, showing a food delivery agent being assaulted, as seen in the viral social media posts. However, upon carefully reviewing the disclaimer accompanying the video, the Desk found that it was scripted and not based on any real-life incident.

The disclaimer clearly stated that the video was intended to raise awareness, entertain and educate viewers. The page caption read: “Thank you for watching! Please note that this page features scripted dramas, parodies, and awareness videos. These short films are created for entertainment and educational purposes only. All characters and situations depicted in the videos are fictional and intended to raise awareness, entertain and educate.”

https://www.facebook.com/reel/764475639236044

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Further inspection of the '3RD EYE' Facebook channel confirmed a routine pattern of posting scripted awareness clips and fictional dramatizations.

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https://www.facebook.com/reel/824802854039405

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Conclusion

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The claim that a female food delivery partner was assaulted by customers in a real-life incident is FALSE. The video in question is a fictional, scripted short drama created for educational/entertainment purposes and has been falsely shared as a genuine occurrence.

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The Ghibli trend has been in the news for the past couple of weeks for multiple reasons, be it good or bad. The nostalgia that everyone has for the art form has made people turn a blind eye to what the trend means to the artists who painstakingly create the art. The open-source platforms may be trained on artistic material without the artist's ‘explicit permission’ making it so that the rights of the artists are downgraded. The artistic community has reached a level where they are questioning their ability to create, which can be recreated by this software in a couple of seconds and without any thought as to what it is doing. OpenAI’s update on ChatGPT makes it simple for users to create illustrations that are like the style created by Hayao Miyazaki and made into anything from personal pictures to movie scenes and making them into Ghibli-style art. The updates in AI to generate art, including Ghibli-style, may raise critical questions about artistic integrity, intellectual property, and data privacy risks.

AI and the Democratization of Creativity

AI-powered tools have lowered barriers and enable more people to engage with artistic expression. AI allows people to create appealing content in the form of art regardless of their artistic capabilities. The update of ChatGPT has made it so that art has been democratized, and the abilities of the user don't matter. It makes art accessible, efficient and a creative experiment to many. 

Unfortunately, these developments also pose challenges for the original artistry and the labour of human creators. The concern doesn't just stop at AI replacing artists, but also about the potential misuse it can lead to. This includes unauthorized replication of distinct styles or deepfake applications. When it is used ethically, AI can enhance artistic processes. It can assist with repetitive tasks, improving efficiency, and enabling creative experimentation. 

However, its ability to mimic existing styles raises concerns. The potential that AI-generated content has could lead to a devaluation of human artists' work, potential copyright issues, and even data privacy risks. Unauthorized training of AI models that create art can be exploited for misinformation and deepfakes, making human oversight essential. Few artists believe that AI artworks are disrupting the accepted norms of the art world.  Additionally, AI can misinterpret prompts, producing distorted or unethical imagery that contradicts artistic intent and cultural values, highlighting the critical need for human oversight.

The Ethical and Legal Dilemmas

The main dilemma that surrounds trends such as the Ghibli trend is whether it compromises human efforts by blurring the line between inspiration and infringement of artistic freedom. Further, an issue that is not considered by most users is whether the personal content (personal pictures in this case) uploaded on AI models is posing a risk to their privacy. This leads to the issue where the potential misuse of AI-generated content can be used to spread misinformation through misleading or inappropriate visuals. 

The negative effects can only be balanced if a policy framework is created that can ensure the fair use of AI in Art. Further, this should ensure that the training of AI models is done in a manner that is fair to the artists who are the original creators of a style. Human oversight is needed to moderate the AI-generated content.  This oversight can be created by creating ethical AI usage guidelines for platforms that host AI-generated art. 

Conclusion: What Can Potentially Be Done?

AI is not a replacement for human effort, it is to ease human effort. We need to promote a balanced AI approach that protects the integrity of artists and, at the same time, continues to foster innovation. And finally, strengthening copyright laws to address AI-generated content. Labelling AI content and ensuring that this content is disclosed as AI-generated is the first step. Furthermore, there should be fair compensation made to the human artists based on whose work the AI model is trained. There is an increasing need to create global AI ethics guidelines to ensure that there is transparency, ethical use and human oversight in AI-driven art. The need of the hour is that industries should work collaboratively with regulators to ensure that there is responsible use of AI. 

References

• https://medium.com/@haileyq/my-experience-with-studio-ghibli-style-ai-art-ethical-debates-in-the-gpt-4o-era-b84e5a24cb60 
• https://www.bbc.com/future/article/20241018-ai-art-the-end-of-creativity-or-a-new-movement 

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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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