#FactCheck - "Viral Video Misleadingly Claims Surrender to Indian Army, Actually Shows Bangladesh Army”

Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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"Cybercriminals are unleashing a surprisingly high volume of new threats in this short period of time to take advantage of inadvertent security gaps as organizations are in a rush to ensure business continuity.”

Cyber security firm Fortinet on Monday announced that over the past several weeks, it has been monitoring a significant spike in COVID-19 related threats.

An unprecedented number of unprotected users and devices are now online with one or two people in every home connecting remotely to work through the internet. Simultaneously there are children at home engaged in remote learning and the entire family is engaged in multi-player games, chatting with friends as well as streaming music and video. The cybersec firm’s FortiGuard Labs is observing this perfect storm of opportunity being exploited by cybercriminals as the Threat Report on the Pandemic highlights:

A surge in Phishing Attacks: The research shows an average of about 600 new phishing campaigns every day. The content is designed to either prey on the fears and concerns of individuals or pretend to provide essential information on the current pandemic. The phishing attacks range from scams related to helping individuals deposit their stimulus for Covid-19 tests, to providing access to Chloroquine and other medicines or medical device, to providing helpdesk support for new teleworkers.

Phishing Scams Are Just the Start: While the attacks start with a phishing attack, their end goal is to steal personal information or even target businesses through teleworkers. Majority of the phishing attacks contain malicious payloads – including ransomware, viruses, remote access trojans (RATs) designed to provide criminals with remote access to endpoint systems, and even RDP (remote desktop protocol) exploits.

A Sudden Spike in Viruses: The first quarter of 2020 has documented a 17% increase in viruses for January, a 52% increase for February and an alarming 131% increase for March compared to the same period in 2019. The significant rise in viruses is mainly attributed to malicious phishing attachments. Multiple sites that are illegally streaming movies that were still in theatres secretly infect malware to anyone who logs on. Free game, free movie, and the attacker is on your network.

Risks for IoT Devices magnify: As users are all connected to the home network, attackers have multiple avenues of attack that can be exploited targeting devices including computers, tablets, gaming and entertainment systems and even online IoT devices such as digital cameras, smart appliances – with the ultimate goal of finding a way back into a corporate network and its valuable digital resources.

Ransomware like attack to disrupt business: If the device of a remote worker can be compromised, it can become a conduit back into the organization’s core network, enabling the spread of malware to other remote workers. The resulting business disruption can be just as effective as ransomware targeting internal network systems for taking a business offline. Since helpdesks are now remote, devices infected with ransomware or a virus can incapacitate workers for days while devices are mailed in for reimaging.

“Though organizations have completed the initial phase of transitioning their entire workforce to remote telework and employees are becoming increasingly comfortable with their new reality, CISOs continue to face new challenges presented by maintaining a secure teleworker business model. From redefining their security baseline, or supporting technology enablement for remote workers, to developing detailed policies for employees to have access to data, organizations must be nimble and adapt quickly to overcome these new problems that are arising”, said Derek Manky, Chief, Security Insights & Global Threat Alliances at Fortinet – Office of CISO.

Introduction

You must have heard of several techniques of cybercrime up to this point. Many of which we could never have anticipated. Some of these reports are coming from different parts of the country. Where video calls are being utilised to cheat. Through video calls, cybercriminals are making individuals victims of fraud. During this incident, fraudsters film pornographic recordings of both the victims using a screen recorder, then blackmail them by emailing these videos and demanding money. However, cybercriminals are improving their strategies to defraud more people. In this blog post, we will explore the tactics involved in this case, the psychological impact, and ways to combat it. Before we know more about the case, let’s have a look at deep fake, AI, and Sextortion and how fraudsters use technology to commit crimes.

Understanding Deepfake

Deepfake technology is the manipulation or fabrication of multimedia information such as videos, photos, or audio recordings using artificial intelligence (AI) algorithms, and profound learning models. These algorithms process massive quantities of data to learn and imitate human-like behaviour, allowing for very realistic synthetic media development.

Individuals with malicious intent may change facial expressions, bodily movements, and even voices in recordings using deepfake technology, basically replacing a person’s appearance with someone else’s. The produced film can be practically indistinguishable from authentic footage, making it difficult for viewers to distinguish between the two.

Sextortion and technology

Sextortion is a sort of internet blackmail in which offenders use graphic or compromising content to compel others into offering money, sexual favours, or other concessions. This information is usually gained by hacking, social engineering, or tricking people into providing sensitive information.

Deepfake technology combined with sextortion techniques has increased the impact on victims. Deepfakes may now be used by perpetrators to make and distribute pornographic or compromising movies or photographs that seem genuine but are completely fake. As the prospect of discovery grows increasingly credible and tougher to rebut, the stakes for victims rise.

Cyber crooks Deceive

In this present case, cyber thugs first make video calls to people and capture the footage. They then twist the footage and merge it with a distorted naked video. As a result, the victim is obliged to conceal the case. Following that, “they demand money as a ransom to stop releasing the doctored video on the victim’s contacts and social media platforms.” In this case, a video has emerged in which a lady who was supposedly featured in the first film is depicted committing herself because of the shame caused by the video’s release. These extra threats are merely intended to inflict psychological pressure and coercion on the victims.

Sextortionists have reached a new low by profiting from the misfortunes of others, notably targeting deceased victims. The offenders want to maximise emotional pain and persuade the victim into acquiescence by generating deep fake films depicting these persons. They use the inherent compassion and emotion connected with tragedy to exact bigger ransoms from their victims.

This distressing exploitation not only adds urgency to the extortion demands but also preys on the victim’s sensitivity and emotional instability. They even pressurize the victim by impersonating them, and if the demands are fulfilled, the victims may land up in jail.

Tactics used

The morphed death videos are precisely constructed to heighten emotional discomfort and instil terror in the targeted individual. By editing photographs or videos of the deceased, the offenders create unsettling circumstances that heighten the victim’s emotional response.

The psychological manipulation seeks to instil guilt, regret, and a sense of responsibility in the victim. The notion that they are somehow linked to the catastrophe increases their emotional weakness, making them more vulnerable to the demands of sextortionists. The offenders take use of these emotions, coercing victims into cooperation out of fear of being involved in the apparent tragedy.

The impact on the victim’s mental well-being cannot be overstated. They may experience intense psychological trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). The guilt and shame associated with the false belief of being linked to someone’s death can have long-lasting effects on their emotional health and overall quality of life, others may have trust issues.

Law enforcement agencies advised

Law enforcement organisations were concerned about the growing annoyance of these illegal acts. The use of deep fake methods or other AI technologies to make convincing morphing films demonstrates scammers’ improved ability. These tools are fully capable of modifying digital information in ways that are radically different from the genuine film, making it difficult for victims to detect the fake nature of the video.

Defence strategies to fight back: To combat sextortion, a proactive approach that empowers individuals and utilizes resources is required. This section delves into crucial anti-sextortion techniques such as reporting events, preserving evidence, raising awareness, and implementing digital security measures.

• Report the Incident: Sextortion victims should immediately notify law enforcement. Contact your local police or cybercrime department and supply them with any important information, including specifics of the extortion attempt, communication logs, and any other evidence that can assist in the investigation. Reporting the occurrence is critical for keeping criminals responsible and averting additional harm to others.
• Preserve Evidence: Preserving evidence is critical in creating a solid case against sextortionists. Save and document any types of contact connected to the extortion, including text messages, emails, and social media conversations. Take screenshots, record phone calls (if legal), and save any other digital material or papers that might be used as evidence. This evidence can be useful in investigations and judicial processes.

Digital security: Implementing comprehensive digital security measures can considerably lower the vulnerability to sextortion assaults. Some important measures that one can use:

• Use unique, complicated passwords for all online accounts, and avoid reusing passwords across platforms. Consider utilising password managers to securely store and create strong passwords.
• Enable two-factor authentication (2FA) whenever possible, which adds an extra layer of protection by requiring a second verification step, such as a code delivered to your phone or email, in addition to the password.
• Regular software updates: Keep your operating system, antivirus software, and programmes up to date. Security patches are frequently included in software upgrades to defend against known vulnerabilities.
• Adjust your privacy settings on social networking platforms and other online accounts to limit the availability of personal information and restrict access to your content.
• Be cautious when clicking on links or downloading files from unfamiliar or suspect sources. When exchanging personal information online, only use trusted websites.

Conclusion:

Combating sextortion demands a collaborative effort that combines proactive tactics and resources to confront this damaging practice. Individuals may actively fight back against sextortion by reporting incidences, preserving evidence, raising awareness, and implementing digital security measures. It is critical to empower victims, encourage their rehabilitation, and collaborate to build a safer online environment where sextortionists are held accountable and everyone can navigate the digital environment with confidence.