#FactCheck- AI-generated deepfake video falsely attributes remarks to Lt Gen P.R. Shankar on Army Chief designate Lt Gen Dhiraj Seth

Introduction

Misinformation in India has emerged as a significant societal challenge, wielding a potent influence on public perception, political discourse, and social dynamics. A potential number of first-time voters across India identified fake news as a real problem in the nation. With the widespread adoption of digital platforms, false narratives, manipulated content, and fake news have found fertile ground to spread unchecked information and news.

In the backdrop of India being the largest market of WhatsApp users, who forward more content on chats than anywhere else, the practice of fact-checking forwarded information continues to remain low. The heavy reliance on print media, television, unreliable news channels and primarily, social media platforms acts as a catalyst since studies reveal that most Indians trust any content forwarded by family and friends. It is noted that out of all risks, misinformation and disinformation ranked the highest in India, coming before infectious diseases, illicit economic activity, inequality and labour shortages. World Economic Forum analysts, in connection with their 2024 Global Risk Report, note that “misinformation and disinformation in electoral processes could seriously destabilise the real and perceived legitimacy of newly elected governments, risking political unrest, violence and terrorism and long-term erosion of democratic processes.”

The Supreme Court of India on Misinformation

The Supreme Court of India, through various judgements, has noted the impact of misinformation on democratic processes within the country, especially during elections and voting. In 1995, while adjudicating a matter pertaining to keeping the broadcasting media under the control of the public, it noted that democracy becomes a farce when the medium of information is monopolized either by partisan central authority or by private individuals or oligarchic organizations. 

In 2003, the Court stated that “Right to participate by casting a vote at the time of election would be meaningless unless the voters are well informed about all sides of the issue in respect of which they are called upon to express their views by casting their votes. Disinformation, misinformation, non-information all equally create an uninformed citizenry which would finally make democracy a mobocracy and a farce.” It noted that elections would be a useless procedure if voters remained unaware of the antecedents of the candidates contesting elections. Thus, a necessary aspect of a voter’s duty to cast intelligent and rational votes is being well-informed. Such information forms one facet of the fundamental right under Article 19 (1)(a) pertaining to freedom of speech and expression. Quoting James Madison, it stated that a citizen’s right to know the true facts about their country’s administration is one of the pillars of a democratic State.

On a similar note, the Supreme Court, while discussing the disclosure of information by an election candidate, gave weightage to the High Court of Bombay‘s opinion on the matter, which opined that non-disclosure of information resulted in misinformation and disinformation, thereby influencing voters to take uninformed decisions. It stated that a voter had the elementary right to know the full particulars of a candidate who is to represent him in Parliament/Assemblies.

While misinformation was discussed primarily in relation to elections, the effects of misinformation in other sectors have also been discussed from time to time. In particular, The court highlighted the World Health Organisation’s observation in 2021 while discussing the spread of COVID-19, noting that the pandemic was not only an epidemic but also an “infodemic” due to the overabundance of information on the internet, which was riddled with misinformation and disinformation. While condemning governments’ direct or indirect threats of prosecution to citizens, it noted that various citizens who relied on the internet to provide help in securing medical facilities and oxygen tanks were being targeted by alleging that the information posted by them was false and was posted to create panic, defame the administration or damage national image. It instructed authorities to cease such threats and prevent clampdown on information sharing.

More recently, in Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529], the apex court, while upholding the summons issued to Facebook by the Delhi Legislative Assembly in the aftermath of the 2020 Delhi Riots, noted that while social media enables equal and open dialogue between citizens and policymakers, it is also a tool in the where extremist views are peddled into mainstream media, thereby spreading misinformation. It noted Facebook’s role in the Mynmar, where misinformation and posts that Facebook employees missed fueled offline violence. Since Facebook is one of the most popular social media applications, the platform itself acts as a power center by hosting various opinions and voices on its forum. This directly impacts the governance of States, and some form of liability must be attached to the platform. The Supreme Court objected to Facebook taking contrary stands in various jurisdictions; while in the US, it projected itself as a publisher, which enabled it to maintain control over the material disseminated from its platform, while in India, “it has chosen to identify itself purely as a social media platform, despite its similar functions and services in the two countries.”

Conclusion

The pervasive issue of misinformation in India is a multifaceted challenge with profound implications for democratic processes, public awareness, and social harmony. The alarming statistics of fake news recognition among first-time voters, coupled with a lack of awareness regarding fact-checking organizations, underscore the urgency of addressing this issue. The Supreme Court of India has consistently recognized the detrimental impact of misinformation, particularly in elections. The judiciary has stressed the pivotal role of an informed citizenry in upholding the essence of democracy. It has emphasized the right to access accurate information as a fundamental aspect of freedom of speech and expression. As India grapples with the challenges of misinformation, the intersection of technology, media literacy and legal frameworks will be crucial in mitigating the adverse effects and fostering a more resilient and informed society.

References

• https://thewire.in/media/survey-finds-false-information-risk-highest-in-india 
• https://www.statista.com/topics/5846/fake-news-in-india/#topicOverview
• https://www.weforum.org/publications/global-risks-report-2024/digest/  
• https://main.sci.gov.in/supremecourt/2020/20428/20428_2020_37_1501_28386_Judgement_08-Jul-2021.pdf
• Secretary, Ministry of Information & Broadcasting, Govt, of India and Others v. Cricket Association of Bengal and Another [(1995) 2 SCC 161]
• People’s Union for Civil Liberties (PUCL) v. Union of India [(2003) 4 SCC 399]
• Kisan Shankar Kathore v. Arun Dattatray Sawant and Others [(2014) 14 SCC 162]
• Distribution of Essential Supplies & Services During Pandemic, In re [(2021) 18 SCC 201]
• Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529]

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Executive Summary

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A video is being shared on social media showing a young calf running behind a milk truck on a road. A large image of a white cow is printed on the back of the truck. The calf appears to mistake the image for its real mother and tries to reach its udders. The video is being widely shared online with emotional captions. Research by the CyberPeace Research Wing found the viral claim to be false. Our research revealed that the viral video is AI-generated.

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Claim:

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An Instagram user shared the viral video with the caption: “A helpless calf was so hungry that it mistook the cow shown in the poster for its mother and tried to drink milk from her. This heartwarming video of innocence is rapidly going viral on social media.

https://www.instagram.com/reels/Dc5Gh-1DUl7/ 

https://archive.ph/wip/XiwgQ 

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Fact Check

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To verify the viral claim, we conducted a Google search using relevant keywords but found no credible media reports supporting the claim. In the next step of our research, we extracted keyframes from the video and performed a reverse image search on Google. This led us to the same video on an account named ‘realishai’. Our research found that the account creates and shares AI-generated videos.”

https://www.instagram.com/realishai/ 

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We also found several other AI-generated videos similar to the viral clip on the same account.

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In the next step of our research, we scanned the viral video using the AI detection tool Sightengine. According to the results, the viral video is 99 per cent AI-generated.

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In the next step of our research, we scanned the viral video using the AI detection tool Wasit AI. According to the results, the viral video is AI-generated.

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Conclusion

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Our research found the viral claim to be false. The research established that the viral video is AI-generated and does not depict a real incident.

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Introduction

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The Digital Personal Data Protection (DPDP) Act 2023 of India is a significant transition for privacy legislation in this age of digital data. A key element of this new law is a requirement for organisations to have appropriate, user-friendly consent mechanisms in place for their customers so that collection, use or removal of an individual's personal data occurs in a clear and compliant manner. As a means of putting this requirement into practice, the Ministry of Electronics and Information Technology (MeitY) issued a comprehensive Business Requirements Document (BRD) in June 2025 to guide organizations, as well as Consent Managers, on how to create a Consent Management System (CMS). This document establishes the technical and functional framework by which organizations and individuals (Data Principals) will exercise control over the way their data is gathered, used and removed.

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Understanding the BRD and Its Purpose

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BRD represents an optional guide created as part of the "Code for Consent" programme run by MeitY in India. The purpose of the BRD is to provide guidance to startups, digital platforms and other enterprises on how to create a technology system that supports management of user consent per the requirements of the DPDP Act. Although the contents of the BRD do not carry any legal weight, it lays out a clear path for organisations to create their own consent mechanisms using best practices that align with the principles of transparency, accountability and purpose limitation in the DPDP Act.

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The goal is threefold:

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1. Enable complete consent lifecycle management from collection to withdrawal.
2. Empower individuals to manage their consents actively and transparently.
3. Support data fiduciaries and processors with an interoperable system that ensures compliance.

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Key Components of the Consent Management System

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The BRD proposes the development of a modular Consent Management System (CMS) that provides users with secure APIs and user-friendly interfaces. This system will allow for a variety of features and modules, including:

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1. Consent Lifecycle Management – consent should be specific, informed and tied to an explicit purpose. The CMS will manage the collection, validation, renewal, updates and withdrawal of consent. Each transaction of consent will create a tamper-proof “consent artifact,” which will include the timestamp of creation as well as an ID identifying the purpose for which it was given.
2. User Dashboard – A user will be able to view and modify the status of their active, expired or withdrawn consent and revoke access at any time via the multilingual user-friendly interface. This would make the system accessible to people from different regions and cultures.
3. Notification Engine – The CMS will automatically notify users, fiduciaries and processors of any action taken with respect to consent, in order to ensure real-time updates and accountability.
4. Grievance Redress Mechanism – The CMS will include a complaints mechanism that allows users to submit complaints related to the misuse of consent or the denial of their rights. This will enable tracking of the complaint resolution status, and will allow for escalation if necessary.
5. Audit and Logging – As part of the CMS's internal controls for compliance and regulatory purposes, the CMS must maintain an immutable record of every instance of consent for auditing and regulatory review. The records must be encrypted, time-stamped, and linked permanently to a user and purpose ID.
6. Cookie Consent Management – A separate module will enable users to manage cookie consent for websites separately from any other consents.

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Roles and Responsibilities

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The BRD identifies the various stakeholders involved and their associated responsibilities.

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1. Data Principals (Users): The user has full authority to give, withhold, amend, or revoke their consent for the use of their personal data, at any time.
2. Data Fiduciaries (Companies): Companies (the fiduciaries) must collect the data principals' consents for each particular reason and must only begin processing a data subject's personal data after validating that consent through the CMS. Companies must also provide the data principals with any information or notifications needed, as well as how to resolve their complaints.
3. Data Processors: Data Processors must strictly adhere to the consent stated in the CMS, and Data Processors may only process personal data on behalf of the Data Fiduciary.
4. Consent Managers: The Consent Managers are independent entities that are registered with the Data Protection Board. They are responsible for administering the CMS, allowing users to manage their consent across different platforms.

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This layered structure ensures transparency and shared responsibility for the consent ecosystem.

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Technical Specifications and Security

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The following principles of the DPDP Act must be followed to remain compliant with the DPDP Act.

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• End-to-End Encryption: All exchanges of data with users must be encrypted using a minimum of TSL 1.3 and also encrypting within that standard.
• API-First Approach: API’s will be utilized to validate, withdraw and update consent in a secured manner using external sources.
• Interoperability/Accessibility: The CMS needs to allow for users to utilize several different languages (e.g. Hindi, Tamil, etc.) and be appropriate for use with various types of mobile devices and different abilities.
• Data Retention Policy: The CMS should also include automatic deletion of consent data (when the consent has expired or has been withdrawn) in order to maintain compliance with data retention limits.

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Legal Relevance and Timelines

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While the BRD itself is not enforceable, it is directly aligned with the upcoming enforcement of the DPDP Act, 2023. The Act was passed in August 2023 but is expected to come into effect in stages, once officially notified by the central government. Draft implementation rules, including those defining the role of Consent Managers, were released for public consultation in early 2025.

For businesses, the BRD serves as an early compliance tool—offering both a conceptual roadmap and technical framework to prepare before the law is enforced. Legal experts have described it as a critical resource for aligning data governance systems with emerging regulatory expectations.

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Implications for Businesses

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Organizations that collect and process user data will be required to overhaul their consent workflows:

1. No blanket consents: Every data processing activity must have explicit, separate consent.
2. Granular audit logs: Companies must maintain tamper-proof logs for every consent action.
3. Integration readiness: Enterprises need to integrate their platforms with third-party or in-house CMS platforms via the specified APIs.
4. Grievance redress and user support: Systems must be in place to handle complaints and withdrawal requests in a timely, verifiable manner.

Failing to comply once the DPDP Act is in force may expose companies to penalties, reputational damage, and potential regulatory action.

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Conclusion

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The BRD on Consent Management of India is a forward-looking initiative laying a technological framework that is an essential component of the DPDP Act concerning user consent; Although not yet a legal document, it provides an extent of going into all the necessary discipline for companies to prepare. As data protection grows in importance, developing consent mechanisms based on security, transparency, and the needs of the user is no longer just a regulatory requirement, but rather a requirement for the development of trust. This is the time for businesses to establish or implement CMS solutions that support this objective to be better equipped for the future of data governance in India.

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References

1. https://d38ibwa0xdgwxx.cloudfront.net/whatsnew-docs/8d5409f5-d26c-4697-b10e-5f6fb2d583ef.pdf
2. https://ssrana.in/articles/ministry-releases-business-requirement-document-for-consent-management-under-the-dpdp-act-2023/ 
3. https://dpo-india.com/Blogs/consent-dpdpa/ 
4. https://corporate.cyrilamarchandblogs.com/2025/06/the-ghost-in-the-machine-the-recent-business-requirement-document-on-consent/ 
5. https://www.mondaq.com/india/privacy-protection/1660964/analysis-of-the-business-requirement-document-for-consent-management-system 

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