#FactCheck - Indian Men’s 4x400m Relay Team’s Record-Breaking Achievement in August 2023 Misrepresented as Recent Event

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 Telecom Regulatory Authority of India (TRAI), on March 13 2023, published a new rule to regulate telemarketing firms. Trai has demonstrated strictness when it comes to bombarding users with intrusive marketing pitches. In a report, TRAI stated that 10-digit mobile numbers could not be utilised for advertising. In reality, different phone numbers are given out for regular calls and telemarketing calls. Hence, it is an appropriate and much-required move in order to suppress and eradicate phishing scammers and secure the Indian Cyber-ecosystem at large.

What are the new rules?

The rules state that now 10-digit unregistered mobile numbers for promotional purposes would be shut down over the following five days. The rule claim that calling from unregistered mobile numbers had been banned was published on February 16. In this case, using 10-digit promotional messages for promotional calling will end within the following five days. This step by TRAI has been seen after nearly 6-8 months of releasing the Telecommunication Bill, 2022, which has focused towards creating a stable Indian Telecom market and reducing the phoney calls/messages by bad actors to reduce cyber crimes like phishing. This is done to distinguish between legitimate and promotional calls. According to certain reports, some telecom firms allegedly break the law by using 10-digit mobile numbers to make unwanted calls and send promotional messages. All telecom service providers must execute the requirements under the recent TRAI directive within five days.

How will the new rules help?

The promotional use of a cellphone number with 10 digits was allowed since the start, however, with the latest NCRB report on cyber crimes and the rising instances and reporting of cyber crimes primarily focused towards frauds related to monetary gains by the bad actors points to the issue of unregulated promotional messages. This move will act as a critical step towards eradicating scammers from the cyber-ecosystem, TRAI has been very critical in understanding the dynamics and shortcomings in the regulation of the telecom spectrum and network in India and has shown keen interest towards suppressing the modes of technology used by the scammers. It is a fact that the invention of the technology does not define its use, the policy of the technology does, hence it is important to draft ad enact policies which better regulate the existing and emerging technologies.

What to avoid?

In pursuance of the rules enacted by TRAI, the business owners involved in promotional services through 10-digit numbers will have to follow these steps-

• It is against the law to utilise a 10-digit cellphone number for promotional calls.
• You should stop doing so right now.
• Your mobile number will be blocked in the following five days if not.
• Users employed by telemarketing firms are encouraged to refrain from using the system in such circumstances.
• Those working for telemarketing firms are encouraged not to call from their mobile numbers.
• Users should phone the company’s registered mobile number for promotional purposes.

Conclusion

The Indian netizen has been exposed to the technology a little later than the western world. However, this changed drastically during the Covid-19 pandemic as the internet and technology penetration rates increased exponentially in just a couple of months. Although this has been used as an advantage by the bad actors, it was pertinent for the government and its institutions to take an effective and efficient step to safeguard the people from financial fraud. Although these frauds occur in high numbers due to a lack of knowledge and awareness, we need to work on preventive solutions rather than precautionary steps and the new rules by TRAI point towards a safe, secured and sustainable future of cyberspace in India.

Introduction

Social media has emerged as a leading source of communication and information; its relevance cannot be ignored during natural disasters since it is relied upon by governments and disaster relief organisations as a tool for disseminating aid and relief-related resources and communications instantly. During disaster times, social media has emerged as a primary source for affected populations to access information on relief resources; community forums offering aid resources and official government channels for government aid have enabled efficient and timely administration of relief initiatives.

However, given the nature of social media, misinformation risks during natural disasters has also emerged as a primary concern that severely hampers aid administration during natural disasters. The disaster-disinformation network offers some sensationalised influential campaigns against communities at their most vulnerable. Victims who seek reliable resources during natural calamities often reach out to inhospitable campaigns and may experience delayed or lack of access to necessary healthcare, significantly impacting their recovery and survival. This delay can lead to worsening medical conditions and an increased death toll among those affected by the disaster. Victims may lack clear information on the appropriate agencies to seek assistance from, causing confusion and delays in receiving help. 

Misinformation Threat Landscape during Natural Disaster

During the 2018 floods in Kerala, it was noted that a fake video on water leakage from the Mullaperyar Dam created panic among the citizens and negatively impacted the rescue operations. Similarly, in 2017, reports emerged claiming that Hurricane Irma had caused sharks to be displaced onto a Florida highway. Similar stories, accompanied by the same image, resurfaced following Hurricanes Harvey and Florence. The disaster-affected nation may face international criticism and fail to receive necessary support due to its perceived inability to manage the crisis effectively. This lack of confidence from the global community can further exacerbate the challenges faced by the nation, leaving it more vulnerable and isolated in its time of need.

The spread of misinformation through social media severely hinders the administration of aid and relief operations during natural disasters since it hinders first responders' efforts to counteract and reduce the spread of misinformation, rumours, and false information and declines public trust in government, media, and non-governmental organisations (NGOs), who are often the first point of contact for both victims and officials due to their familiarity with the region and the community. In Moldova, it was noted that foreign influence has exploited the ongoing drought to create divisions between the semi-autonomous regions of Transnistria and Gagauzia and the central government in Chisinau. News coverage critical of the government leverages economic and energy insecurities to incite civil unrest in this already unstable region. Additionally, First responders may struggle to locate victims and assist them to safety, complicating rescue operations. The inability to efficiently find and evacuate those in need can result in prolonged exposure to dangerous conditions and a higher risk of injury or death.

Further, international aid from other countries could be impeded, affecting the overall relief effort. Without timely and coordinated support from the global community, the disaster response may be insufficient, leaving many needs unmet. Further, misinformation also impedes military, reducing the effectiveness of rescue and relief operations. Military assistance often plays a crucial role in disaster response, and any delays can hinder efforts to provide immediate and large-scale aid.

Misinformation also creates problems of allocation of relief resources to unaffected areas which resultantly impacts aid processes for regions in actual need. Following the April 2015 earthquake in Nepal, a Facebook post claimed that 300 houses in Dhading needed aid. Shared over 1,000 times, it reached around 350,000 people within 48 hours. The originator aimed to seek help for Ward #4’s villagers via social media. Given the average Facebook user has 350 contacts, the message was widely viewed. However, the need had already been reported on quakemap.org, a crisis-mapping database managed by Kathmandu Living Labs, a week earlier. Helping Hands, a humanitarian group was notified on May 7, and by May 11, Ward #4 received essential food and shelter. The re-sharing and sensationalisation of outdated information could have wasted relief efforts since critical resources would have been redirected to a region that had already been secured.

Policy Recommendations

Perhaps the most important step in combating misinformation during natural disasters is the increasing public education and the rapid, widespread dissemination of early warnings. This was best witnessed in the November 1970 tropical cyclone in southeastern Bangladesh, combined with a high tide, struck southeastern Bangladesh, leaving more than 300,000 people dead and 1.3 million homeless. In May 1985, when a comparable cyclone and storm surge hit the same area, local dissemination of disaster warnings was much improved and the people were better prepared to respond to them. The loss of life, while still high (at about 10,000), the numbers were about 3% of that in 1970. On a similar note, when a devastating cyclone struck the same area of Bangladesh in May 1994, fewer than 1,000 people died. In India, the 1977 cyclone in Andra Pradesh killed 10,000 people, but a similar storm in the same area 13 years later killed only 910. The dramatic difference in mortalities was owed to a new early-warning system connected with radio stations to alert people in low-lying areas. 

Additionally, location-based filtering for monitoring social media during disasters is considered as another best practice to curb misinformation. However, agencies should be aware that this method may miss local information from devices without geolocation enabled. A 2012 Georgia Tech study found that less than 1.4 percent of Twitter content is geolocated. Additionally, a study by Humanity Road and Arizona State University on Hurricane Sandy data indicated a significant decline in geolocation data during weather events.

Alternatively, Publish frequent updates to promote transparency and control the message. In emergency management and disaster recovery, digital volunteers—trusted agents who provide online support—can assist overwhelmed on-site personnel by managing the vast volume of social media data. Trained digital volunteers help direct affected individuals to critical resources and disseminate reliable information. 

Enhancing the quality of communication requires double-verifying information to eliminate ambiguity and reduce the impact of misinformation, rumors, and false information must also be emphasised. This approach helps prevent alert fatigue and "cry wolf" scenarios by ensuring that only accurate, relevant information is disseminated. Prioritizing ground truth over assumptions and swiftly releasing verified information or acknowledging the situation can bolster an agency's credibility. This credibility allows the agency to collaborate effectively with truth amplifiers. Prebunking and Debunking methods are also effective way to counter misinformation and build cognitive defenses to recognise red flags. Additionally, evaluating the relevance of various social media information is crucial for maintaining clear and effective communication.

References

1. https://www.nature.com/articles/s41598-023-40399-9#:~:text=Moreover%2C%20misinformation%20can%20create%20unnecessary,impacting%20the%20rescue%20operations29. 
2. https://www.redcross.ca/blog/2023/5/why-misinformation-is-dangerous-especially-during-disasters
3. https://www.soas.ac.uk/about/blog/disinformation-during-natural-disasters-emerging-vulnerability‍
4. https://www.dhs.gov/sites/default/files/publications/SMWG_Countering-False-Info-Social-M dia-Disasters-Emergencies_Mar2018-508.pdf