#FactCheck - An edited video of Bollywood actor Ranveer Singh criticizing PM getting viral

Introduction

A new dawn in the realm of cyber security and criminal justice is on the horizon. Maharashtra's Deputy Chief Minister, Devendra Fadnavis, has recently announced the advent of the country's most sophisticated cyber lab—a bastion against the dark arts of cybercrime. This announcement, made with the gravitas befitting a statesman, was not merely a bureaucratic note; it was a clarion call to a future where technology and law converge to create a safer society.

The cyber lab, poised to be the largest and most modern of its kind, is not just a facility—it is a symbol of the state's commitment to harnessing the power of technology in the ceaseless battle against crime. Fadnavis, who also holds the state's home portfolio, underscored the significance of this initiative during a function where he also emphasised the need for the Maharashtra police to brace themselves for the enforcement of three transformative criminal laws set to take effect from the first of July 2024.

In compliance with the New Laws

These laws—the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharat Sakshya Act—They are not mere statutory texts; they are the architects of a new edifice of criminal justice, designed with the mortar of modern electronic and technical evidence to buttress the conviction rates and fortify the legal system.

At the inauguration of the Evidence Management Centre (EMC) and the Evidence Dispatch Van (EDV) in Navi Mumbai, Fadnavis spoke with an air of prescience about the radical shifts these new acts will engender. The EMC, a paragon of innovation with its no-human-intervention ethos, is set to revolutionise the procedure of handling evidence, thereby amplifying the likelihood of securing convictions in an era increasingly marred by cyber frauds and hacking escapades.

Recent Trend

The Deputy Chief Minister's vision extends beyond the present, into a realm where blockchain technology becomes an ally of law enforcement, rendering evidence tampering an obsolete concern. Under the new legislative framework, expert collection of evidence is mandated for crimes with sentences exceeding seven years, a move that underscores the gravity with which digital and electronic evidence is now regarded.

The Cyber Lab

The Navi Mumbai police Commissionerate stands as the vanguard of this new legal era, being the first in the country to align with the upcoming laws. As digital transactions burgeon, so too does the evil of cybercrime. Fadnavis assures us that the cyberlaw, a veritable nexus of modernity, will bring together banks, non-banking financial companies (NBFCs), and social media platforms on a unified platform to detect and thwart crimes with alacrity.

This announcement was made in the presence of Maharashtra's Director General of Police, Rashmi Shukla, and Navi Mumbai's police commissioner, Milind Bharambe, both of whom are key figures in the conception of this project. Their attendance shows the collective resolve of Maharashtra's law enforcement to elevate its capabilities in cybercrime prevention.

Conclusion

The establishment of this cyber lab is a vivid thread woven with the intent to protect the digital integrity of its citizens. It is a testament to the state's foresight and its unwavering commitment to staying abreast of the evolving landscape of crime and technology. As we stand on the cusp of this new era, we are reminded that the fight against crime is perennial, but with such pioneering initiatives, victory is not just a possibility—it is an inevitability.

References

• https://indianexpress.com/article/cities/mumbai/navi-mumbai-cyber-lab-criminal-laws-fadnavis-9206801/
• https://www.the420.in/why-maharashtras-new-cyber-lab-could-be-a-game-changer-for-national-security/
• https://apacnewsnetwork.com/2024/03/navi-mumbai-to-host-indias-most-advanced-crime-busting-lab-boosting-conviction-rates-maharashtra-deputy-cm-fadnavis-announces/

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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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Executive Summary:

A viral image circulating on social media claims to show a Hindu Sadhvi marrying a Muslim man; however, this claim is false. A thorough investigation by the Cyberpeace Research team found that the image has been digitally manipulated. The original photo, which was posted by Balmukund Acharya, a BJP MLA from Jaipur, on his official Facebook account in December 2023, he was posing with a Muslim man in his election office. The man wearing the Muslim skullcap is featured in several other photos on Acharya's Instagram account, where he expressed gratitude for the support from the Muslim community. Thus, the claimed image of a marriage between a Hindu Sadhvi and a Muslim man is digitally altered.

Claims:

An image circulating on social media claims to show a Hindu Sadhvi marrying a Muslim man. 

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Fact Check:

Upon receiving the posts, we reverse searched the image to find any credible sources. We found a photo posted by Balmukund Acharya Hathoj Dham on his facebook page on 6 December 2023. 

This photo is digitally altered and posted on social media to mislead. We also found several different photos with the skullcap man where he was featured.

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We also checked for any AI fabrication in the viral image. We checked using a detection tool named, “content@scale” AI Image detection.  This tool found the image to be 95% AI Manipulated.

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We also checked with another detection tool for further validation named, “isitai” image detection tool. It found the image to be 38.50% of AI content, which concludes to the fact that the image is manipulated and doesn’t support the claim made. Hence, the viral image is fake and misleading.

Conclusion:

The lack of credible source and the detection of AI manipulation in the image explains that the viral image claiming to show a Hindu Sadhvi marrying a Muslim man is false. It has been digitally altered. The original image features BJP MLA Balmukund Acharya posing with a Muslim man, and there is no evidence of the claimed marriage.

• Claim: An image circulating on social media claims to show a Hindu Sadhvi marrying a Muslim man. 
• Claimed on: X (Formerly known as Twitter)
• Fact Check: Fake & Misleading