#FactCheck- Viral AI Video Falsely Claims to Show Newborn Babies Being Rescued During Assam Floods

Introduction

The Australian Parliament has passed the world’s first legislation regarding a ban on social media for children under 16. This was done citing risks to the mental and physical well-being of children and the need to contain misogynistic influence on them. The debate surrounding the legislation is raging strong, as it is the first proposal of its kind and would set precedence for how other countries can assess their laws regarding children and social media platforms and their priorities. 

The Legislation

Currently trailing an age-verification system (such as biometrics or government identification), the legislation mandates a complete ban on underage children using social media, setting the age limit to 16 or above. Further, the law does not provide exemptions of any kind, be it for pre-existing accounts or parental consent. With federal elections approaching, the law seeks to address parental concerns regarding measures to protect their children from threats lurking on social media platforms. Every step in this regard is being observed with keen interest. 

The Australian Prime Minister, Anthony Albanese, emphasised that the onus of taking responsible steps toward preventing access falls on the social media platforms, absolving parents and their children of the same. Social media platforms like TikTok, X, and Meta Platforms’ Facebook and Instagram all come under the purview of this legislation.

CyberPeace Overview

The issue of a complete age-based ban raises a few concerns:

1. It is challenging to enforce digitally as children might find a way to circumnavigate such restrictions. An example would be the Cinderella Law, formally known as the Shutdown Law, which the Government of South Korea had implemented back in 2011 to reduce online gaming and promote healthy sleeping habits among children. The law mandated the prohibition of access to online gaming for children under the age of 16 between 12 A.M. to 6 A.M. However, a few drawbacks rendered it less effective over time. Children were able to use the login IDs of adults, switch to VPN, and even switch to offline gaming. In addition, parents also felt the government was infringing on the right to privacy and the restrictions were only for online PC games and did not extend to mobile phones. Consequently, the law lost relevance and was repealed in 2021.  
2. The concept of age verification inherently requires collecting more personal data and inadvertently opens up concerns regarding individual privacy. 
3. A ban is likely to reduce the pressure on tech and social media companies to develop and work on areas that would make their services a safe child-friendly environment. 

Conclusion

Social media platforms can opt for an approach that focuses on how to create a safe environment online for children as they continue to deliberate on restrictions. An example of an impactful-yet-balanced step towards the protection of children on social media while respecting privacy is the U.K.'s Age-Appropriate Design Code (UK AADC). It is the U.K.’s implementation of the European Union’s General Data Protection Regulation (GDPR), prepared by the ICO (Information Commissioner's Office), the U.K. data protection regulator. It follows a safety-by-design approach for children. As we move towards a future that is predominantly online, we must continue to strive and create a safe space for children and address issues in innovative ways.

References

1. https://indianexpress.com/article/technology/social/australia-proposes-ban-on-social-media-for-children-under-16-9657544/
2. https://www.thehindu.com/opinion/op-ed/should-children-be-barred-from-social-media/article68661342.ece
3. https://forumias.com/blog/debates-on-whether-children-should-be-banned-from-social-media/
4. https://timesofindia.indiatimes.com/education/news/why-banning-kids-from-social-media-wont-solve-the-youth-mental-health-crisis/articleshow/113328111.cms
5. https://iapp.org/news/a/childrens-privacy-laws-and-freedom-of-expression-lessons-from-the-uk-age-appropriate-design-code
6. https://www.techinasia.com/s-koreas-cinderella-law-finally-growing-up-teens-may-soon-be-able-to-play-online-after-midnight-again
7. https://wp.towson.edu/iajournal/2021/12/13/video-gaming-addiction-a-case-study-of-china-and-south-korea/
8. https://www.dailysabah.com/world/asia-pacific/australia-passes-worlds-1st-total-social-media-ban-for-children

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In the rich history of humanity, the advent of artificial intelligence (AI) has added a new, delicate aspect. The aspect of promising technological advancement has the potential to either enrich the nest of our society or destroy it entirely. The latest straw in this complex nest is generative AI, a frontier teeming with both potential and perils. It is a realm where the ethereal concepts of cyber peace and resilience are not just theoretical constructs but tangible necessities.

The spectre of generative AI looms large over the digital landscape, casting a long shadow on the sanctity of data privacy and the integrity of political processes. The seeds of this threat were sown in the fertile soil of the Cambridge Analytica scandal of 2018, a watershed moment that unveiled the extent to which personal data could be harvested and utilized to influence electoral outcomes. However despite the indignation, the scandal resulted in meagre alterations to modus operandi of digital platforms.

Fast forward to the present day, and the spectre has only grown more ominous. A recent report by Human Rights Watch has shed light on the continued exploitation of data-driven campaigning in Hungary's re-election of Viktor Orbán. The report paints a chilling picture of political parties leveraging voter databases for targeted social media advertising, with the ruling Fidesz party even resorting to the unethical use of public service data to bolster its voter database.

The Looming Threat of Disinformation

As we stand on the precipice of 2024, a year that will witness over 50 countries holding elections, the advancements in generative AI could exponentially amplify the ability of political campaigns to manipulate electoral outcomes. This is particularly concerning in countries where information disparities are stark, providing fertile ground for the seeds of disinformation to take root and flourish.

The media, the traditional watchdog of democracy, has already begun to sound the alarm about the potential threats posed by deepfakes and manipulative content in the upcoming elections. The limited use of generative AI in disinformation campaigns has raised concerns about the enforcement of policies against generating targeted political materials, such as those designed to sway specific demographic groups towards a particular candidate.

Yet, while the threat of bad actors using AI to generate and disseminate disinformation is real and present, there is another dimension that has largely remained unexplored: the intimate interactions with chatbots. These digital interlocutors, when armed with advanced generative AI, have the potential to manipulate individuals without any intermediaries. The more data they have about a person, the better they can tailor their manipulations.

Root of the Cause 

To fully grasp the potential risks, we must journey back 30 years to the birth of online banner ads. The success of the first-ever banner ad for AT&T, which boasted an astounding 44% click rate, birthed a new era of digital advertising. This was followed by the advent of mobile advertising in the early 2000s. Since then, companies have been engaged in a perpetual quest to harness technology for manipulation, blurring the lines between commercial and political advertising in cyberspace.

Regrettably, the safeguards currently in place are woefully inadequate to prevent the rise of manipulative chatbots. Consider the case of Snapchat's My AI generative chatbot, which ostensibly assists users with trivia questions and gift suggestions. Unbeknownst to most users, their interactions with the chatbot are algorithmically harvested for targeted advertising. While this may not seem harmful in its current form, the profit motive could drive it towards more manipulative purposes.

If companies deploying chatbots like My AI face pressure to increase profitability, they may be tempted to subtly steer conversations to extract more user information, providing more fuel for advertising and higher earnings. This kind of nudging is not clearly illegal in the U.S. or the EU, even after the AI Act comes into effect. The market size of AI in India is projected to touch US$4.11bn in 2023. 

Taking this further, chatbots may be inclined to guide users towards purchasing specific products or even influencing significant life decisions, such as religious conversions or voting choices. The legal boundaries here remain unclear, especially when manipulation is not detectable by the user. 

The Crucial Dos/Dont's 

It is crucial to set rules and safeguards in order to manage the possible threats related to manipulative chatbots in the context of the general election in 2024.

First and foremost, candor and transparency are essential. Chatbots, particularly when employed for political or electoral matters, ought to make it clear to users what they are for and why they are automated. By being transparent, people are guaranteed to be aware that they are interacting with automated processes.

Second, getting user consent is crucial. Before collecting user data for any reason, including advertising or political profiling, users should be asked for their informed consent. Giving consumers easy ways to opt-in and opt-out gives them control over their data.

Furthermore, moral use is essential. It's crucial to create an ethics code for chatbot interactions that forbids manipulation, disseminating false information, and trying to sway users' political opinions. This guarantees that chatbots follow moral guidelines.

In order to preserve transparency and accountability, independent audits need to be carried out. Users might feel more confident knowing that chatbot behavior and data collecting procedures are regularly audited by impartial third parties to ensure compliance with legal and ethical norms.

Important "don'ts" to take into account. Coercion and manipulation ought to be outlawed completely. Chatbots should refrain from using misleading or manipulative approaches to sway users' political opinions or religious convictions.

Another hazard to watch out for is unlawful data collecting. Businesses must obtain consumers' express agreement before collecting personal information, and they must not sell or share this information for political reasons.

At all costs, one should steer clear of fake identities. Impersonating people or political figures is not something chatbots should do because it can result in manipulation and false information.

It is essential to be impartial. Bots shouldn't advocate for or take part in political activities that give preference to one political party over another. In encounters, impartiality and equity are crucial.

Finally, one should refrain from using invasive advertising techniques. Chatbots should ensure that advertising tactics comply with legal norms by refraining from displaying political advertisements or messaging without explicit user agreement.

Present Scenario

As we approach the critical 2024 elections and generative AI tools proliferate faster than regulatory measures can keep pace, companies must take an active role in building user trust, transparency, and accountability. This includes comprehensive disclosure about a chatbot's programmed business goals in conversations, ensuring users are fully aware of the chatbot's intended purposes.

To address the regulatory gap, stronger laws are needed. Both the EU AI Act and analogous laws across jurisdictions should be expanded to address the potential for manipulation in various forms. This effort should be driven by public demand, as the interests of lawmakers have been influenced by intensive Big Tech lobbying campaigns.

At present, India doesn’t have any specific laws pertaining to AI regulation. Ministry of Electronics and Information Technology (MEITY), is the executive body responsible for AI strategies and is constantly working towards a policy framework for AI. The Niti Ayog has presented seven principles for responsible AI which includes equality , inclusivity, safety, privacy, transparency, accountability, dependability and protection of positive human values.

Conclusion 

We are at a pivotal juncture in history. As generative AI gains more power, we must proactively establish effective strategies to protect our privacy, rights and democracy. The public's waning confidence in Big Tech and the lessons learned from the techlash underscore the need for stronger regulations that hold tech companies accountable. Let's ensure that the power of generative AI is harnessed for the betterment of society and not exploited for manipulation.

Reference

McCallum, B. S. (2022, December 23). Meta settles Cambridge Analytica scandal case for $725m. BBC News. https://www.bbc.com/news/technology-64075067

Hungary: Data misused for political campaigns. (2022, December 1). Human Rights Watch. https://www.hrw.org/news/2022/12/01/hungary-data-misused-political-campaigns

Statista. (n.d.). Artificial Intelligence - India | Statista Market forecast. https://www.statista.com/outlook/tmo/artificial-intelligence/india

Introduction

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The use of AI in content production, especially images and videos, is changing the foundations of evidence. AI-generated videos and images can mirror a person’s facial features, voice, or actions with a level of fidelity to which the average individual may not be able to distinguish real from fake. The ability to provide creative solutions is indeed a beneficial aspect of this technology. However, its misuse has been rapidly escalating over recent years. This creates threats to privacy and dignity, and facilitates the creation of dis/misinformation. Its real-world consequences are the manipulation of elections, national security threats, and the erosion of trust in society. 

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Why India Needs Deepfake Regulation

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Deepfake regulation is urgently needed in India, evidenced by the recent Rashmika Mandanna incident, where a hoax deepfake of an actress created a scandal throughout the country. This was the first time that an individual's image was superimposed on the body of another woman in a viral deepfake video that fooled many viewers and created outrage among those who were deceived by the video. The incident even led to law enforcement agencies issuing warnings to the public about the dangers of manipulated media.

This was not an isolated incident; many influencers, actors, leaders and common people have fallen victim to deepfake pornography, deepfake speech scams, defraudations, and other malicious uses of deepfake technology. The rapid proliferation of deepfake technology is outpacing any efforts by lawmakers to regulate its widespread use. In this regard, a Private Member’s Bill was introduced in the Lok Sabha in its Winter Session. This proposal was presented to the Lok Sabha as an individual MP's Private Member's Bill. Even though these have had a low rate of success in being passed into law historically, they do provide an opportunity for the government to take notice of and respond to emerging issues. In fact, Private Member's Bills have been the catalyst for government action on many important matters and have also provided an avenue for parliamentary discussion and future policy creation. The introduction of this Bill demonstrates the importance of addressing the public concern surrounding digital impersonation and demonstrates that the Parliament acknowledges digital deepfakes to be a significant concern and, therefore, in need of a legislative framework to combat them.

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Key Features Proposed by the New Deepfake Regulation Bill

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The proposed legislation aims to create a strong legal structure around the creation, distribution and use of deepfake content in India. Its five core proposals  are: 

1. Prior Consent Requirement: individuals must give their written approval before producing or distributing deepfake media, including digital representations of themselves, as well as their faces, images, likenesses and voices. This aims to protect women, celebrities, minors, and everyday citizens against the use of their identities with the intent to harm them or their reputations or to harass them through the production of deepfakes.

2. Penalties for Malicious Deepfakes: Serious criminal consequences should be placed for creating or sharing deepfake media, particularly when it is intended to cause harm (defame, harass, impersonate, deceive or manipulate another person). The Bill also addresses financially fraudulent use of deepfakes, political misinformation, interfering with elections and other types of explicit AI-generated media. 

3. Establishment of a Deepfake Task Force: To look at the potential impact of deepfakes on national security, elections and public order, as well as on public safety and privacy. This group will work with academic institutions, AI research labs and technology companies to create advanced tools for the detection of deepfakes and establish best practices for the safe and responsible use of generative AI. 

4. Creation of a Deepfake Detection and Awareness Fund: To assist with the development of tools for detecting deepfakes, increasing the capacity of law enforcement agencies to investigate cybercrime, promoting public awareness of deepfakes through national campaigns, and funding research on artificial intelligence safety and misinformation.

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How Other Countries Are Handling Deepfakes

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1. United States
Many States in the United States, including California and Texas, have enacted laws to prohibit the use of politically deceptive deepfakes during elections. Additionally, the Federal Government is currently developing regulations requiring that AI-generated content be clearly labelled. Social Media Platforms are also being encouraged to implement a requirement for users to disclose deepfakes.

2. United Kingdom
In the United Kingdom, it is illegal to create or distribute intimate deepfake images without consent; violators face jail time. The Online Safety Act emphasises the accountability of digital media providers by requiring them to identify, eliminate, and avert harmful synthetic content, which makes their role in curating safe environments all the more important.

3. European Union:
The EU has enacted the EU AI Act, which governs the use of deepfakes by requiring an explicit label to be affixed to any AI-generated content. The absence of a label would subject an offending party to potentially severe regulatory consequences; therefore, any platform wishing to do business in the EU should evaluate the risks associated with deepfakes and adhere strictly to the EU's guidelines for transparency regarding manipulated media.

4. China:
China has among the most rigorous regulations regarding deepfakes anywhere on the planet. All AI-manipulated media will have to be marked with a visible watermark, users will have to authenticate their identities prior to being allowed to use advanced AI tools, and online platforms have a legal requirement to take proactive measures to identify and remove synthetic materials from circulation.

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Conclusion

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Deepfake technology has the potential to be one of the greatest (and most dangerous) innovations of AI technology. There is much to learn from incidents such as that involving Rashmika Mandanna, as well as the proliferation of deepfake technology that abuses globally, demonstrating how easily truth can be altered in the digital realm. The new Private Member's Bill created by India seeks to provide for a comprehensive framework to address these abuses based on prior consent, penalties that actually work, technical preparedness, and public education/awareness. With other nations of the world moving towards increased regulation of AI technology, proposals such as this provide a direction for India to become a leader in the field of responsible digital governance.

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References 

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1. https://www.ndtv.com/india-news/lok-sabha-introduces-bill-to-regulate-deepfake-content-with-consent-rules-9761943
2. https://m.economictimes.com/news/india/shiv-sena-mp-introduces-private-members-bill-to-regulate-deepfakes/articleshow/125802794.cms
3. https://www.bbc.com/news/world-asia-india-67305557
4. https://www.akingump.com/en/insights/blogs/ag-data-dive/california-deepfake-laws-first-in-country-to-take-effect
5. https://codes.findlaw.com/tx/penal-code/penal-sect-21-165/ 
6. https://www.mishcon.com/news/when-ai-impersonates-taking-action-against-deepfakes-in-the-uk#:~:text=As%20of%2031%20January%202024,of%20intimate%20deepfakes%20without%20consent. 
7. https://www.politico.eu/article/eu-tech-ai-deepfakes-labeling-rules-images-elections-iti-c2pa/ 
8. https://www.reuters.com/article/technology/china-seeks-to-root-out-fake-news-and-deepfakes-with-new-online-content-rules-idUSKBN1Y30VT/

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