#FactCheck - "Viral Video Falsely Claimed as Evidence of Attacks in Bangladesh is False & Misleading”

Digitisation in Agriculture

The traditional way of doing agriculture has undergone massive digitization in recent years, whereby several agricultural processes have been linked to the Internet. This globally prevalent transformation, driven by smart technology, encompasses the use of sensors, IoT devices, and data analytics to optimize and automate labour-intensive farming practices. Smart farmers in the country and abroad now leverage real-time data to monitor soil conditions, weather patterns, and crop health, enabling precise resource management and improved yields. The integration of smart technology in agriculture not only enhances productivity but also promotes sustainable practices by reducing waste and conserving resources. As a result, the agricultural sector is becoming more efficient, resilient, and capable of meeting the growing global demand for food.

Digitisation of Food Supply Chains

There has also been an increase in the digitisation of food supply chains across the globe since it enables both suppliers and consumers to keep track of the stage of food processing from farm to table and ensures the authenticity of the food product. The latest generation of agricultural robots is being tested to minimise human intervention. It is thought that AI-run processes can mitigate labour shortage, improve warehousing and storage and make transportation more efficient by running continuous evaluations and adjusting the conditions real-time while increasing yield. The company Muddy Machines is currently trialling an autonomous asparagus-harvesting robot called Sprout that not only addresses labour shortages but also selectively harvests green asparagus, which traditionally requires careful picking. However, Chris Chavasse, co-founder of Muddy Machines, highlights that hackers and malicious actors could potentially hack into the robot's servers and prevent it from operating by driving it into a ditch or a hedge, thereby impending core crop activities like seeding and harvesting. Hacking agricultural pieces of machinery also implies damaging a farmer’s produce and in turn profitability for the season.

Case Study: Muddy Machines and Cybersecurity Risks

A cyber attack on digitised agricultural processes has a cascading impact on online food supply chains. Risks are non-exhaustive and spill over to poor protection of cargo in transit, increased manufacturing of counterfeit products, manipulation of data, poor warehousing facilities and product-specific fraud, amongst others. Additional impacts on suppliers are also seen, whereby suppliers have supplied the food products but fail to receive their payments. These cyber-threats may include malware(primarily ransomware) that accounts for 38% of attacks, Internet of Things (IoT) attacks that comprise 29%, Distributed Denial of Service (DDoS) attacks, SQL Injections, phishing attacks etc. 

Prominent Cyber Attacks and Their Impacts

Ransomware attacks are the most popular form of cyber threats to food supply chains and may include malicious contaminations, deliberate damage and destruction of tangible assets (like infrastructure) or intangible assets (like reputation and brand). In 2017, NotPetya malware disrupted the world’s largest logistics giant Maersk and destroyed all end-user devices in more than 60 countries. Interestingly, NotPetya was also linked to the malfunction of freezers connected to control systems. The attack led to these control systems being compromised, resulting in freezer failures and potential spoilage of food, highlighting the vulnerability of industrial control systems to cyber threats.

Further Case Studies

NotPetya also impacted Mondelez, the maker of Oreos but disrupting its email systems, file access and logistics for weeks. Mondelez’s insurance claim was also denied since NotPetya malware was described as a “war-like” action, falling outside the purview of the insurance coverage. In April 2021, over the Easter weekend, Bakker Logistiek, a logistics company based in the Netherlands that offers air-conditioned warehousing and food transportation for Dutch supermarkets, experienced a ransomware attack. This incident disrupted their supply chain for several days, resulting in empty shelves at Albert Heijn supermarkets, particularly for products such as packed and grated cheese. Despite the severity of the attack, the company successfully restored their operations within a week by utilizing backups. JBS, one of the world’s biggest meat processing companies, also had to pay $11 million in ransom via Bitcoin to resolve a cyber attack in the same year, whereby computer networks at JBS were hacked, temporarily shutting down their operations and endangering consumer data. The disruption threatened food supplies and risked higher food prices for consumers. Additional cascading impacts also include low food security and hindrances in processing payments at retail stores. 

Credible Threat Agents and Their Targets

Any cyber-attack is usually carried out by credible threat agents that can be classified as either internal or external threat agents. Internal threat agents may include contractors, visitors to business sites, former/current employees, and individuals who work for suppliers. External threat agents may include activists, cyber-criminals, terror cells etc. These threat agents target large organisations owing to their larger ransom-paying capacity, but may also target small companies due to their vulnerability and low experience, especially when such companies are migrating from analogous methods to digitised processes.

The Federal Bureau of Investigation warns that the food and agricultural systems are most vulnerable to cyber-security threats during critical planting and harvesting seasons. It noted an increase in cyber-attacks against six agricultural co-operatives in 2021, with ancillary core functions such as food supply and distribution being impacted. Resultantly, cyber-attacks may lead to a mass shortage of food not only meant for human consumption but also for animals.

Policy Recommendations

To safeguard against digital food supply chains, Food defence emerges as one of the top countermeasures to prevent and mitigate the effects of intentional incidents and threats to the food chain. While earlier, food defence vulnerability assessments focused on product adulteration and food fraud, including vulnerability assessments of agriculture technology now be more relevant.  

Food supply organisations must prioritise regular backups of data using air-gapped and password-protected offline copies, and ensure critical data copies are not modifiable or deletable from the main system.  For this, blockchain-based food supply chain solutions may be deployed, which are not only resilient to hacking, but also allow suppliers and even consumers to track produce. Companies like Ripe.io, Walmart Global Tech, Nestle and Wholechain deploy blockchain for food supply management since it provides overall process transparency, improves trust issues in the transactions, enables traceable and tamper-resistant records and allows accessibility and visibility of data provenance. Extensive recovery plans with multiple copies of essential data and servers in secure, physically separated locations, such as hard drives, storage devices, cloud or distributed ledgers should be adopted in addition to deploying operations plans for critical functions in case of system outages. For core processes which are not labour-intensive,  including manual operation methods may be used to reduce digital dependence. Network segmentation, updates or patches for operating systems, software, and firmware are additional steps which can be taken to secure smart agricultural technologies. 

References

1. Muddy Machines website, Accessed 26 July 2024.  https://www.muddymachines.com/ 
2. “Meat giant JBS pays $11m in ransom to resolve cyber-attack”, BBC, 10 June 2021. https://www.bbc.com/news/business-57423008 
3. Marshall, Claire & Prior, Malcolm, “Cyber security: Global food supply chain at risk from malicious hackers.”, BBC, 20 May 2022. https://www.bbc.com/news/science-environment-61336659 
4. “Ransomware Attacks on Agricultural Cooperatives Potentially Timed to Critical Seasons.”, Private Industry Notification, Federal Bureau of Investigation, 20 April  https://www.ic3.gov/Media/News/2022/220420-2.pdf. 
5. Manning, Louise & Kowalska, Aleksandra. (2023). “The threat of ransomware in the food supply chain: a challenge for food defence”, Trends in Organized Crime. https://doi.org/10.1007/s12117-023-09516-y 
6. “NotPetya: the cyberattack that shook the world”, Economic Times, 5 March 2022. https://economictimes.indiatimes.com/tech/newsletters/ettech-unwrapped/notpetya-the-cyberattack-that-shook-the-world/articleshow/89997076.cms?from=mdr 
7. Abrams, Lawrence, “Dutch supermarkets run out of cheese after ransomware attack.”, Bleeping Computer, 12 April 2021. https://www.bleepingcomputer.com/news/security/dutch-supermarkets-run-out-of-cheese-after-ransomware-attack/ 
8. Pandey, Shipra; Gunasekaran, Angappa; Kumar Singh, Rajesh & Kaushik, Anjali, “Cyber security risks in globalised supply chains: conceptual framework”, Journal of Global Operations and Strategic Sourcing, January 2020. https://www.researchgate.net/profile/Shipra-Pandey/publication/338668641_Cyber_security_risks_in_globalized_supply_chains_conceptual_framework/links/5e2678ae92851c89c9b5ac66/Cyber-security-risks-in-globalized-supply-chains-conceptual-framework.pdf 
9. Daley, Sam, “Blockchain for Food: 10 examples to know”, Builin, 22 March 2023 https://builtin.com/blockchain/food-safety-supply-chain 

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Introduction

The debate between free speech and social responsibility is one of the oldest, long-running debates in history. Free speech is considered to be at the heart of every democracy. It is considered the “mother” of all other freedoms, enshrined in Article 19(1)(a) of the Indian Constitution under Part III: Fundamental Rights. It takes various shapes and forms according to the sociopolitical context of society. Evelyn Beatrice Hall, a prominent English writer of the 19th century, laid the foundation of every democracy when she wrote in her book, "I disapprove of what you say, but I willdefend to the death your right to say it." The drastic misuse of social media to disseminate propaganda and fakenews makes it a marketplace of half-baked truth, becoming the antithesis ofwhat early philosophers dreamed of for a democratic modern age. Losethe ethics, and there you have it, the modern conceptualisation of freedom ofspeech and expression in the digital age. The right to freedom of speech andexpression is one of the most fundamental rights, but its exercise is notunfettered, and certain limits are placed upon this right under Art. 19 (2).Every right comes with a corresponding duty, and the exercise of such freedomalso puts the citizenry under the responsibility not to violate the rights ofothers and not to use the media to demean any other person.

SocialMedia: The New Public Square or a Weaponised Echo Chamber

InIndia, Art. 19(1)(a) of the constitution guarantees the right to freedom ofspeech and expression, but it is not absolute. Under Art. 19(2), this right issubject to reasonable restrictions in the interest of public order, decency,morality, and national security. This is construed as a freedom for everyindividual to freely express their opinions, but not to incite violence, spreadfalsehoods, or harm others’ dignity. Unfortunately, the boundaries betweenthese are increasingly blurred.

Thedissemination of unfiltered media and the strangulation of innocence by pushingoften vulgar and obscene content down the throats of individuals, withoutverifying the age and gender profile of the social media user, is a big farcein the name of free speech and a conscious attempt by the intermediaries andsocial media platforms such as Facebook, Instagram, Threads, etc., to wriggleout of their responsibility. A prime example is when Meta’s Mark Zuckerberg, on7th January 2025, gave a statement asserting less intervention into what peoplefind on its social media platforms as the new “best practice”. While lessinterference would have worked in a generation that merely operated on thediffering, dissenting, and raw ideas bred by the minds of differentindividuals, it is not the case for this day and age. There has been asignificant rise in cases where social media platforms have been used as abattleground for disputes, spreading communal violence, misinformation, anddisinformation.

Thereis no debate about the fact that social media platforms have fostered a globalexpression, making the world a global village, bringing everyone together. Onthe other hand, the platforms have become the epicentre of computer-basedcrimes, where children and teenagers often become prey to these crimes,cyberbullying, and cyberstalking.  

Rising Importance of Platform Accountability

Themost pertinent question that is to be asked with a conscious mind is whether anunregulated media is a reflection of Freedom of Speech, a right given to us byour constitution under Article. 19(1)(a), or whether free speech is just a garbby big stakeholders, and we are all victims of an impending infodemic andvictims of AI algorithms, because, as per the reports that surfaced during theCovid-19 pandemic, India saw a dramatic 214% rise in false information. Anotherreport by the UNESCO-Ipsos survey revealed that 85% of Indian respondentsencounter online hate speech, with around 64% pointing to social media as aprimary source.

While the focus on platform accountability is critical, it is equally important to recognise that the right to free speech is not absolute. Therefore, users also bear a constitutional responsibility while exercising this right. Free expression in a democratic society must be accompanied by civic digital behaviour, which includes refraining from spreading hate speech, misinformation, or engaging in harmful conduct online. The most recent example of this is the case of Ranveer Gautam Allahabadia vs. UOI (popularly known as “Latent Case”); the court came down heavily on the hosts and makers of the show and made its position crystal clear by stating, “there is nothinglike a fundamental right on platter...the fundamental rights are all followedby a duty...unless those people understand duty, there is no [...] deal withthat kind of elements...if somebody wants to enjoy fundamental rights, thiscountry gives a guarantee to enjoy, but guarantee is with a duty so thatguarantee will involve performing that duty also” .

The Way Forward: CyberPeace Suggests

In order to realise the benefits and derive the true benefits from the rights we are provided, especially the one in discussion, i.e., Freedom of Speech and Expression, the government and the designated intermediaries and regulators have to prepare both roadmaps, one for “Platform Accountability” and one for "User Accountability”, wherein the regulators with a reasonable foresight should conduct Algorithm Risk Audits which is a technique to make algorithms and there effects on content feeds visible. It can be an effective tool and an objective manner to compare how algorithms are automatically pushing different content to different users in an unfair or unbalanced way. As for user accountability, “Digital Literacy” is the way forward, ensuring that social media remains a marketplace of ideas and does not become a minefield of misfires.

Introduction

Big Tech has been pushing back against regulatory measures, particularly regarding data handling practices. X Corp (formerly Twitter) has taken a prominent stance in India. The platform has filed a petition against the Central and State governments, challenging content-blocking orders and opposing the Center’s newly launched Sahyog portal.  The X Corp has furthermore labelled the Sahyog Portal as a 'censorship portal' that enables government agencies to issue blocking orders using a standardized template.

The key regulations governing the tech space in India include the IT Act of 2000,  IT Rules 2021 and 2023 (which stress platform accountability and content moderation), and the DPDP Act 2023, which intersects with personal data governance. This petition by the X Corp raises concerns for digital freedom, platform accountability, and the evolving regulatory frameworks in India. 

Elon Musk vs Indian Government: Key Issues at Stake

The 2021 IT Rules, particularly Rule 3(1)(d) of Part II, outline intermediaries' obligations regarding ‘Content Takedowns’. Intermediaries must remove or disable access to unlawful content within 36 hours of receiving a court order or government notification. Notably, the rules do not require government takedown requests to be explicitly in writing, raising concerns about potential misuse. 

X’s petition also focuses on the Sahyog Portal, a government-run platform that allows various agencies and state police to request content removal directly. They contend that the failure to comply with such orders can expose intermediaries' officers to prosecution. This has sparked controversy, with platforms like Elon Musk’s X arguing that such provisions grant the government excessive control, potentially undermining free speech and fostering undue censorship.

The broader implications include geopolitical tensions, potential business risks for big tech companies, and significant effects on India's digital economy, user engagement, and platform governance. Balancing regulatory compliance with digital rights remains a crucial challenge in this evolving landscape.

The Global Context: Lessons from Other Jurisdictions

The ‘EU's Digital Services Act’ establishes a baseline 'notice and takedown' system. According to the Act, hosting providers, including online platforms, must enable third parties to notify them of illegal content, which they must promptly remove to retain their hosting defence. The DSA also mandates expedited removal processes for notifications from trusted flaggers, user suspension for those with frequent violations, and enhanced protections for minors. Additionally, hosting providers have to adhere to specific content removal obligations, including the elimination of terrorist content within one hour and deploying technology to detect known or new CSAM material and remove it.

In contrast to the EU, the US First Amendment protects speech from state interference but does not extend to private entities. Dominant digital platforms, however, significantly influence discourse by moderating content, shaping narratives, and controlling advertising markets. This dual role creates tension as these platforms balance free speech, platform safety, and profitability.

India has adopted a model closer to the EU's approach, emphasizing content moderation to curb misinformation, false narratives, and harmful content. Drawing from the EU's framework, India could establish third-party notification mechanisms, enforce clear content takedown guidelines, and implement detection measures for harmful content like terrorist material and CSAM within defined timelines. This would balance content regulation with platform accountability while aligning with global best practices.

Key Concerns and Policy Debates

As the issue stands, the main concerns that arise are:

1. The need for transparency in government orders for takedowns, the reasons and a clear framework for why they are needed and the guidelines for doing so. 
2. The need for balancing digital freedom with national security and the concerns that arise out of it for tech companies. Essentially, the role platforms play in safeguarding the democratic values enshrined in the Constitution of India. 
3. This court ruling by the Karnataka HC will have the potential to redefine the principles upon which the intermediary guidelines function under the Indian laws. 

Potential Outcomes and the Way Forward

While we wait for the Hon’ble Court’s directives and orders in response to the filed suit, while the court's decision could favour either side or lead to a negotiated resolution, the broader takeaway is the necessity of collaborative policymaking that balances governmental oversight with platform accountability. This debate underscores the pressing need for a structured and transparent regulatory framework for content moderation. Additionally, this case also highlights the importance of due process in content regulation and the need for legal clarity for tech companies operating in India. Ultimately, a consultative and principles-based approach will be key to ensuring a fair and open digital ecosystem.

References

• https://www.thehindu.com/sci-tech/technology/elon-musks-x-sues-union-government-over-alleged-censorship-and-it-act-violations/article69352961.ece
• https://www.hindustantimes.com/india-news/elon-musk-s-x-sues-union-government-over-alleged-censorship-and-it-act-violations-101742463516588.html
• https://www.financialexpress.com/life/technology-explainer-why-has-x-accused-govt-of-censorship-3788648/
• https://thelawreporters.com/elon-musk-s-x-sues-indian-government-over-alleged-censorship-and-it-act-violations ‍
• https://www.linklaters.com/en/insights/blogs/digilinks/2023/february/the-eu-digital-services-act---a-new-era-for-online-harms-and-intermediary-liability