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Introduction

To combat the problem of annoying calls and SMS, telecom regulator TRAI has urged service providers to create a uniform digital platform in two months that will allow them to request, maintain, and withdraw customers’ approval for promotional calls and messages. In the initial stage, only subscribers will be able to initiate the process of registering their consent to receive promotional calls and SMS, and later, business entities will be able to contact customers to seek their consent to receive promotional messages, according to a statement issued by the Telecom Regulatory Authority of India (TRAI) on Saturday.

TRAI Directs Telecom Providers to Set Up Digital Platform

TRAI has now directed all access providers to develop and deploy the Digital Consent Acquisition (DCA) facility for creating a unified platform and process to digitally register customers’ consent across all service providers and principal entities. Consent is received and maintained under the current system by several key entities such as banks, other financial institutions, insurance firms, trading companies, business entities, real estate businesses, and so on.

The purpose, scope of consent, and the principal entity or brand name shall be clearly mentioned in the consent-seeking message sent over the short code,” according to the statement.

It stated that only approved online or app links, call-back numbers, and so on will be permitted to be used in consent-seeking communications.

TRAI issued guidelines to guarantee that all voice-based Telemarketers are brought under a single Distributed ledger technology (DLT) platform for more efficient monitoring of nuisance calls and unwanted communications. It also instructs operators to actively deploy AI/ML-based anti-phishing systems as well as to integrate tech solutions on the DLT platform to deal with malicious calls and texts.

TRAI has issued two separate Directions to Access Service Providers under TCCCPR-2018 (Telecom Commercial Communications Customer Preference Regulations) to ensure that all promotional messages are sent through Registered Telemarketers (RTMs) using approved Headers and Message Templates on Distributed Ledger Technologies (DLT) platform, and to stop misuse of Headers and Message Templates,” the regulator said in a statement.

Users can already block telemarketing calls and texts by texting 1909 from their registered mobile number. By dialing 1909, customers can opt out of getting advertising calls by activating the do not disturb (DND) feature.

Telecom providers operate DLT platforms, and businesses involved in sending bulk promotional or transactional SMS must register by providing their company information, including sender IDs and SMS templates.

According to the instructions, telecom companies will send consent-seeking messages using the common short code 127. The goal, extent of consent, and primary entity/brand name must be clearly stated in the consent-seeking message delivered via the shortcode.

TRAI stated that only whitelisted URLs/APKs (Android package kits file format)/OTT links/call back numbers, etc., shall be used in consent-seeking messages.

Telcos must “ensure that promotional messages are not transmitted by unregistered telemarketers or telemarketers using telephone numbers (10 digits numbers).” Telecom providers have been urged to act against all erring telemarketers in accordance with the applicable regulations and legal requirements.

Users can, however, refuse to receive any consent-seeking messages launched by any significant Telcos have been urged to create an SMS/IVR (interactive voice response)/online service for this purpose.

According to TRAI’s timeline, the consent-taking process by primary companies will begin on September 1.According to a nationwide survey conducted by a local circle, 66% of mobile users continue to receive three or more bothersome calls per day, the majority of which originate from personal cell numbers.

There are scams surfacing on the internet with new types of scams, like WhatsApp international call scams. The latest scam is targeting Delhi police, the scammers pretend to be police officials of Delhi and ask for the personal details of the users and the calling them from a 9-digit number.

A recent scam

A Twitter user reported receiving an automated call from +91 96681 9555, stating, “This call is from Delhi Police.” It went on to ask her to stay in the queue since some of her documents needed to be picked up. Then he said he is a sub-inspector at New Delhi’s Kirti Nagar police station. He then questioned if she had lately misplaced her Aadhaar card, PAN card, or ATM card, to which she replied ‘no’. The fraudster then claims to be a cop and asks her to validate the final four digits of her card because they have discovered a card with her name on it. And so many other people tweeted about this.

The scams are constantly increasing as earlier these scammers asked for account details and claimed to be Delhi police and used 9-digit numbers for scamming people.

TRAI’s new guidelines regarding the consent to receive any promotional calls and messages to telecommunication providers will be able to curb the scams.

The e- KYC is an essential requirement as e-KYC offers a more secure identity verification process in an increasingly digital age that uses biometric technologies to provide quick results.

Conclusion

The aim is to prevent unwanted calls and communications sent to customers via digital methods without their permission. Once this platform is implemented, an organization can only send promotional calls or messages with the customer’s explicit approval. Companies use a variety of methods to notify clients about their products, including phone calls, text messages, emails, and social media. Customers, however, are constantly assaulted with the same calls and messages as a result of this practice. With the constant increase in scams, the new guideline of TRAI will also curb the calling of Scams. digital KYC prevents SIM fraud and offers a more secure identity verification method.

Introduction

As the sun rises on the Indian subcontinent, a nation teeters on the precipice of a democratic exercise of colossal magnitude. The Lok Sabha elections, a quadrennial event that mobilises the will of over a billion souls, is not just a testament to the robustness of India's democratic fabric but also a crucible where the veracity of information is put to the sternest of tests. In this context, the World Economic Forum's 'Global Risks Report 2024' emerges as a harbinger of a disconcerting trend: the spectre of misinformation and disinformation that threatens to distort the electoral landscape.

The report, a carefully crafted document that shares the insights of 1,490 experts from the interests of academia, government, business and civil society, paints a tableau of the global risks that loom large over the next decade. These risks, spawned by the churning cauldron of rapid technological change, economic uncertainty, a warming planet, and simmering conflict, are not just abstract threats but tangible realities that could shape the future of nations.

India’s Electoral Malice

India, as it strides towards the general elections scheduled in the spring of 2024, finds itself in the vortex of this hailstorm. The WEF survey positions India at the zenith of vulnerability to disinformation and misinformation, a dubious distinction that underscores the challenges facing the world's largest democracy. The report depicts misinformation and disinformation as the chimaeras of false information—whether inadvertent or deliberate—that are dispersed through the arteries of media networks, skewing public opinion towards a pervasive distrust in facts and authority. This encompasses a panoply of deceptive content: fabricated, false, manipulated and imposter.

The United States, the European Union, and the United Kingdom too, are ensnared in this web of varying degrees of misinformation. South Africa, another nation on the cusp of its own electoral journey, is ranked 22nd, a reflection of the global reach of this phenomenon. The findings, derived from a survey conducted over the autumnal weeks of September to October 2023, reveal a world grappling with the shadowy forces of untruth.

Global Scenario

The report prognosticates that as close to three billion individuals across diverse economies—Bangladesh, India, Indonesia, Mexico, Pakistan, the United Kingdom, and the United States—prepare to exercise their electoral rights, the rampant use of misinformation and disinformation, and the tools that propagate them, could erode the legitimacy of the governments they elect. The repercussions could be dire, ranging from violent protests and hate crimes to civil confrontation and terrorism.

Beyond the electoral arena, the fabric of reality itself is at risk of becoming increasingly polarised, seeping into the public discourse on issues as varied as public health and social justice. As the bedrock of truth is undermined, the spectre of domestic propaganda and censorship looms large, potentially empowering governments to wield control over information based on their own interpretation of 'truth.'

The report further warns that disinformation will become increasingly personalised and targeted, honing in on specific groups such as minority communities and disseminating through more opaque messaging platforms like WhatsApp or WeChat. This tailored approach to deception signifies a new frontier in the battle against misinformation.

In a world where societal polarisation and economic downturn are seen as central risks in an interconnected 'risks network,' misinformation and disinformation have ascended rapidly to the top of the threat hierarchy. The report's respondents—two-thirds of them—cite extreme weather, AI-generated misinformation and disinformation, and societal and/or political polarisation as the most pressing global risks, followed closely by the 'cost-of-living crisis,' 'cyberattacks,' and 'economic downturn.'

Current Situation

In this unprecedented year for elections, the spectre of false information looms as one of the major threats to the global populace, according to the experts surveyed for the WEF's 2024 Global Risk Report. The report offers a nuanced analysis of the degrees to which misinformation and disinformation are perceived as problems for a selection of countries over the next two years, based on a ranking of 34 economic, environmental, geopolitical, societal, and technological risks.

India, the land of ancient wisdom and modern innovation, stands at the crossroads where the risk of disinformation and misinformation is ranked highest. Out of all the risks, these twin scourges were most frequently selected as the number one risk for the country by the experts, eclipsing infectious diseases, illicit economic activity, inequality, and labor shortages. The South Asian nation's next general election, set to unfurl between April and May 2024, will be a litmus test for its 1.4 billion people.

The spectre of fake news is not a novel adversary for India. The 2019 election was rife with misinformation, with reports of political parties weaponising platforms like WhatsApp and Facebook to spread incendiary messages, stoking fears that online vitriol could spill over into real-world violence. The COVID-19 pandemic further exacerbated the issue, with misinformation once again proliferating through WhatsApp.

Other countries facing a high risk of the impacts of misinformation and disinformation include El Salvador, Saudi Arabia, Pakistan, Romania, Ireland, Czechia, the United States, Sierra Leone, France, and Finland, all of which consider the threat to be one of the top six most dangerous risks out of 34 in the coming two years. In the United Kingdom, misinformation/disinformation is ranked 11th among perceived threats.

The WEF analysts conclude that the presence of misinformation and disinformation in these electoral processes could seriously destabilise the real and perceived legitimacy of newly elected governments, risking political unrest, violence, and terrorism, and a longer-term erosion of democratic processes.

The 'Global Risks Report 2024' of the World Economic Forum ranks India first in facing the highest risk of misinformation and disinformation in the world at a time when it faces general elections this year. The report, released in early January with the 19th edition of its Global Risks Report and Global Risk Perception Survey, claims to reveal the varying degrees to which misinformation and disinformation are rated as problems for a selection of analyzed countries in the next two years, based on a ranking of 34 economic, environmental, geopolitical, societal, and technological risks.

Some governments and platforms aiming to protect free speech and civil liberties may fail to act effectively to curb falsified information and harmful content, making the definition of 'truth' increasingly contentious across societies. State and non-state actors alike may leverage false information to widen fractures in societal views, erode public confidence in political institutions, and threaten national cohesion and coherence.

Trust in specific leaders will confer trust in information, and the authority of these actors—from conspiracy theorists, including politicians, and extremist groups to influencers and business leaders—could be amplified as they become arbiters of truth.

False information could not only be used as a source of societal disruption but also of control by domestic actors in pursuit of political agendas. The erosion of political checks and balances and the growth in tools that spread and control information could amplify the efficacy of domestic disinformation over the next two years.

Global internet freedom is already in decline, and access to more comprehensive sets of information has dropped in numerous countries. The implication: Falls in press freedoms in recent years and a related lack of strong investigative media are significant vulnerabilities set to grow.

Advisory

Here are specific best practices for citizens to help prevent the spread of misinformation during electoral processes:

• Verify Information:Double-check the accuracy of information before sharing it. Use reliable sources and fact-checking websites to verify claims.

• Cross-Check Multiple Sources:Consult multiple reputable news sources to ensure that the information is consistent across different platforms.

• Be Wary of Social Media:Social media platforms are susceptible to misinformation. Be cautious about sharing or believing information solely based on social media posts.

• Check Dates and Context:Ensure that information is current and consider the context in which it is presented. Misinformation often thrives when details are taken out of context.

• Promote Media Literacy:Educate yourself and others on media literacy to discern reliable sources from unreliable ones. Be skeptical of sensational headlines and clickbait.

• Report False Information:Report instances of misinformation to the platform hosting the content and encourage others to do the same. Utilise fact-checking organisations or tools to report and debunk false information.

• Critical Thinking:Foster critical thinking skills among your community members. Encourage them to question information and think critically before accepting or sharing it.

• Share Official Information:Share official statements and information from reputable sources, such as government election commissions, to ensure accuracy.

• Avoid Echo Chambers:Engage with diverse sources of information to avoid being in an 'echo chamber' where misinformation can thrive.

• Be Responsible in Sharing:Before sharing information, consider the potential impact it may have. Refrain from sharing unverified or sensational content that can contribute to misinformation.

• Promote Open Dialogue:Open discussions should be promoted amongst their community about the significance of factual information and the dangers of misinformation. 

• Stay Calm and Informed:During critical periods, such as election days, stay calm and rely on official sources for updates. Avoid spreading unverified information that can contribute to panic or confusion.

• Support Media Literacy Programs:Media Literacy Programs in schools should be promoted to provide individuals with essential skills to sail through the information sea properly.

Conclusion

Preventing misinformation requires a collective effort from individuals, communities, and platforms. By adopting these best practices, citizens can play a vital role in reducing the impact of misinformation during electoral processes.

References:

• https://thewire.in/media/survey-finds-false-information-risk-highest-in-india 
• https://thesouthfirst.com/pti/india-faces-highest-risk-of-disinformation-in-general-elections-world-economic-forum/

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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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