#FactCheck - "Deep fake Falsely Claimed as a photo of Arvind Kejriwal welcoming Elon Musk when he visited India to discuss Delhi’s administrative policies.”

Introduction

The Government of India has initiated a cybercrime crackdown that has resulted in the blocking of 781,000 SIM cards and 208,469 IMEI (International Mobile Equipment Identity) numbers that are associated with digital fraud as of February 2025. This data was released as a written response by the Union Minister of State for Home Affairs, Bandi Sanjay Kumar, with respect to a query presented in the Lok Sabha. A significant jump from the 669,000 SIM cards blocked in the past year, efforts aimed at combating digital fraud are in full swing, considering the increasing cases. The Indian Cyber Crime Coordination Centre (I4C) is proactively blocking other platform accounts found suspicious, such as WhatsApp Accounts (83,668) and Skype IDs (3,962) on its part, aiding in eliminating identified threat actors.

Increasing Digital Fraud And The Current Combative Measures

According to the data tabled by the Ministry of Finance in the Rajya Sabha, the first 10 months of the Financial year 2024-2025 have recorded around 2.4 million incidents covering an amount of Rs. 4,245 crore involving cases of digital Financial Fraud cases. Apart from the evident financial loss, such incidents also take an emotional toll as people are targeted regardless of their background and age, leaving everyone equally vulnerable. To address this growing problem, various government departments have dedicated measures to combat and reduce such incidents. Some of the notable initiatives/steps are as follows:

• The Citizen Financial Cyber Fraud Reporting and Management System- This includes reporting Cybercrimes through the nationwide toll-free (1930) number and registration on the National Cyber Crime Reporting Portal. On being a victim of digital fraud, one can call the toll-free number, describing details of the incident, which would further help in the investigation. After reporting the incident, the complainant receives a generated login ID/acknowledgement number that they can use for further reference.
• International Incoming Spoofed Calls Prevention System- This is a mechanism developed to counter fraudulent calls that appear to originate from within India but are actually made from international locations. This system prevents the misuse of the Calling Line Identity (CLI), which is manipulated to deceive recipients in order to carry out financial crimes like digital arrests, among other things. Coordinating with the Department of Telecommunication (DoT), private telecommunication service providers (TSPs) are being encouraged to check with their ILD (International Long-Distance) network as a measure. Airtel has recently started categorising such numbers as International numbers on their part.
• Chakshu Facility at Sanchar Saathi platform- A citizen-centric initiative, created by the Department of Telecommunications, to empower mobile subscribers. It focuses on reporting unsolicited commercial communication (spam messages) and reporting suspected fraudulent communication. (https://sancharsaathi.gov.in/). 
• Aadhaar-based verification of SIM cards- A directive issued by the Prime Minister's Office to the Department of Telecommunications mandates an Aadhaar-based biometric verification for the issuance of new SIM cards. This has been done so in an effort to prevent fraud and cybercrime through mobile connections obtained using fake documents. Legal action against non-compliant retailers in the form of FIRs is also being taken.

On the part of the public, awareness of the following steps could encourage them on how to deal with such situations:

• Awareness regarding types of crimes and the tell-tale signs of the modus operandi of a criminal: A general awareness and a cautionary approach to how such crimes take place could help better prepare and respond to such malicious scams. Some important signs on the part of the offender include pressuring the victim into immediate action, insistence on video calls, and the threat of arrest in case of non-compliance. It is also important to note that no official authority, in any legal capacity, allows for enabling a digital/online arrest.
• Knowing the support channels: Awareness regarding reporting mechanisms and cyber safety hygiene tips can help in building cyber resilience amongst netizens. 

Conclusion

As cybercrooks continue to find new ways of duping people of their hard-earned money, both government and netizens must make efforts to combat such crimes and increase awareness on both ends (systematic and public). Increasing developments in AI, deepfakes, and other technology often render the public inept at assessing the veracity of the source, making them susceptible to such crime. A cautionary yet proactive approach is need of the hour. 

References

• https://mobileidworld.com/india-blocks-781000-sim-cards-in-major-cybercrime-crackdown/
• https://www.storyboard18.com/how-it-works/over-83k-whatsapp-accounts-used-for-digital-arrest-blocked-home-ministry-60292.htm
• https://www.business-standard.com/finance/news/digital-financial-frauds-touch-rs-4-245-crore-in-the-apr-jan-period-of-fy25-125032001214_1.html
• https://www.business-standard.com/india-news/govt-blocked-781k-sims-3k-skype-ids-83k-whatsapp-accounts-till-feb-125032500965_1.html
• https://pib.gov.in/PressReleasePage.aspx?PRID=2042130
• https://mobileidworld.com/india-mandates-aadhaar-biometric-verification-for-new-sim-cards-to-combat-fraud/ 
• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2067113 

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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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Introduction

The Indian Cabinet has approved a comprehensive national-level IndiaAI Mission with a budget outlay ofRs.10,371.92 crore. The mission aims to strengthen the Indian AI innovation ecosystem by democratizing computing access, improving data quality, developing indigenous AI capabilities, attracting top AI talent, enabling industry collaboration, providing startup risk capital, ensuring socially-impactful A projects, and bolstering ethical AI. The mission will be implemented by the'IndiaAI' Independent Business Division (IBD) under the Digital India Corporation (DIC) and consists of several components such as IndiaAI Compute Capacity, IndiaAI Innovation Centre (IAIC), IndiaAI Datasets Platform, India AI Application Development Initiative, IndiaAI Future Skills, IndiaAI Startup Financing, and Safe & Trusted AI over the next 5 years.

This financial outlay is intended to befulfilled through a public-private partnership model, to ensure a structured implementation of the IndiaAI Mission. The main objective is to create and nurture an ecosystem for India’s AI innovation. This mission is intended to act as a catalyst for shaping the future of AI for India and the world. AI has the potential to become an active enabler of the digital economy and the Indian government aims to harness its full potential to benefit its citizens and drive the growth of its economy.

Key Objectives of India's AI Mission

●     With the advancements in data collection, processing and computational power, intelligent systems can be deployed in varied tasks and decision-making to enable better connectivity and enhance productivity.

●     India’s AI Mission will concentrate on benefiting India and addressing societal needs in primary areas of healthcare, education, agriculture, smart cities and infrastructure, including smart mobility and transportation.

●     This mission will work with extensive academia-industry interactions to ensure the development of core research capability at the national level. This initiative will involve international collaborations and efforts to advance technological frontiers by generating new knowledge and developing and implementing innovative applications.

The strategies developed for implementing the IndiaAI Mission are via Public-Private Partnerships, Skilling initiatives and AI Policy and Regulation. An example of the work towards the public-private partnership is the pre-bid meeting that the IT Ministry hosted on 29th August2024, which saw industrial participation from Nvidia, Intel, AMD, Qualcomm, Microsoft Azure, AWS, Google Cloud and Palo Alto Networks.

Components of IndiaAI Mission

The IndiaAI Compute Capacity: The IndiaAI Compute pillar will build a high-end scalable AI computing ecosystem to cater to India's rapidly expanding AI start-ups and research ecosystem. The ecosystem will comprise AI compute infrastructure of 10,000 or more GPUs, built through public-private partnerships. An AI marketplace will offer AI as a service and pre-trained models to AI innovators.

The IndiaAI Innovation Centre will undertake the development and deployment of indigenous Large Multimodal Models (LMMs) and domain-specific foundational models in critical sectors. The IndiaAI Datasets Platform will streamline access to quality on-personal datasets for AI innovation.

The IndiaAI Future Skills pillar will mitigate barriers to entry into AI programs and increase AI courses in undergraduate, master-level, and Ph.D. programs. Data and AI Labs will be set up in Tier 2 and Tier 3 cities across India to impart foundational-level courses.

The IndiaAI Startup Financing pillar will support and accelerate deep-tech AI startups, providing streamlined access to funding for futuristic AI projects.

The Safe & Trusted AI pillar will enable the implementation of responsible AI projects and the development of indigenous tools and frameworks, self-assessment check lists for innovators, and other guidelines and governance frameworks by recognising the need for adequate guardrails to advance the responsible development, deployment, and adoption of AI.

CyberPeace Considerations for the IndiaAI Mission

●     Data privacy and security are paramount as emerging privacy instruments aim to ensure ethical AI use. Addressing bias and fairness in AI remains a significant challenge, especially with poor-quality or tampered datasets that can lead to flawed decision-making, posing risks to fairness, privacy, and security.

●     Geopolitical tensions and export control regulations restrict access to cutting-edge AI technologies and critical hardware, delaying progress and impacting data security. In India, where multilingualism and regional diversity are key characteristics, the unavailability of large, clean, and labeled datasets in Indic languages hampers the development of fair and robust AI models suited to the local context.

●     Infrastructure and accessibility pose additional hurdles in India’s AI development. The country faces challenges in building computing capacity, with delays in procuring essential hardware, such as GPUs like Nvidia’s A100 chip, hindering businesses, particularly smaller firms. AI development relies heavily on robust cloud computing infrastructure, which remains in its infancy in India. While initiatives like AIRAWAT signal progress, significant gaps persist in scaling AI infrastructure. Furthermore, the scarcity of skilled AI professionals is a pressing concern, alongside the high costs of implementing AI in industries like manufacturing. Finally, the growing computational demands of AI lead to increased energy consumption and environmental impact, raising concerns about balancing AI growth with sustainable practices.

Conclusion

We advocate for ethical and responsible AI development adoption to ensure ethical usage, safeguard privacy, and promote transparency. By setting clear guidelines and standards, the nation would be able to harness AI's potential while mitigating risks and fostering trust. The IndiaAI Mission will propel innovation, build domestic capacities, create highly-skilled employment opportunities, and demonstrate how transformative technology can be used for social good and enhance global competitiveness.

References

●     https://economictimes.indiatimes.com/tech/artificial-intelligence/governments-say-aye-to-sovereign-ai/articleshow/113014070.cms

●     https://www.livemint.com/industry/amid-push-for-indian-ai-myriad-challenges-pose-concerns-11720012574665.html

●     https://pib.gov.in/PressReleasePage.aspx?PRID=2012375

●     https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2012355#:~:text=The%20Mission%20will%20be%20implemented,1

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