#FactCheck -Viral Photo Misidentifies Woman With Education Minister as NEET Paper Leak Accused; Fact Check Finds Claim False

Introduction

In a setback to the Centre, the Bombay High Court on Friday 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms. 

Chronological Overview

• On 6th April 2023, the Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023). These rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government”. This amendment was done In exercise of the powers conferred by section 87 of the Information Technology Act, 2000. (IT Act).
• On 20 March 2024, the Central Government notified the Press Information Bureau (PIB) as FCU under rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023). 
• The next day on  21st March 2024, the Supreme Court stayed the Centre's decision on notifying PIB -FCU, considering the pendency of the proceedings before the High Court of Judicature at Bombay. A detailed analysis covered by CyberPeace on the Supreme Court Stay decision can be accessed here.
• In the latest development, the Bombay High Court on 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms.  

Brief Overview of Bombay High Court decision dated 20th September 2024

Justice AS Chandurkar was appointed as the third judge after a split verdict in January 2023 by a division bench consisting of Justices Gautam Patel and Neela Gokhal.  As a Tie-breaker judge' Justice AS Chandurkar delivered the decision striking down provisions for setting up a Fact Check Unit under IT amendment 2023 rules. Striking down the Centre's proposed fact check unit provision, Justice A S Chandurkar of Bombay High Court also opined that there was no rationale to undertake an exercise in determining whether information related to the business of the Central govt was fake or false or misleading when in digital form but not doing the same when such information was in print. It was also contended that there is no justification to introduce an FCU only in relation to the business of the Central Government. Rule 3(1)(b)(v) has a serious chilling effect on the exercise of the freedom of speech and expression under Article 19(1)(a) of the Constitution since the communication of the view of the FCU will result in the intermediary simply pulling down the content for fear of consequences or losing the safe harbour provision given under IT Act.  

Justice Chandurkar held that the expressions ‘fake, false or misleading’ are ‘vague and overbroad’, and that the ‘test of proportionality’ is not satisfied. Rule 3(1)(b)(v), was violative of Articles 14 and 19 (1) (a) and 19 (1) (g) of the Constitution and it is “ultra vires”, or beyond the powers, of the IT Act.

Role of Expert Organisations in Curbing Mis/Disinformation and Fake News

In light of the recent developments, and the rising incidents of Mis/Disinformation and Fake News it becomes significantly important that we all stand together in the fight against these challenges. The actions against Mis/Disinformation and fake news should be strengthened by collective efforts, the expert organisations like CyberPeace Foundation plays an key role in enabling and encouraging netizens to exercise caution and rely on authenticated sources, rather than solely rely on govt FCU to block the content. 

Mis/Disinformation and Fake News should be stopped, identified and countered by netizens at the very first stage of its spread. In light of the Bombay High Court's decision to stuck down the provision related to setting up the FCU by the Central Government, it entails that the government's intention to address misinformation related solely to its business/operations may not have been effectively communicated in the eyes of the judiciary.

It is high time to exercise collective efforts against Mis/Disinformation and Fake News and support expert organizations who are actively engaged in conducting proactive measures, and campaigns to target these challenges, specifically in the online information landscape. CyberPeace actively publishes fact-checking reports and insights on Prebunking and Debunking, conducts expert sessions and takes various key steps aimed at empowering netizens to build cognitive defences to recognise the susceptible information, disregard misleading claims and prevent further spreads to ensure the true online information landscape.

References:

• https://www.scconline.com/blog/post/2024/09/20/bombay-high-court-it-rules-amendment-2023-fact-check-units-article14-article19-legal-news/#:~:text=Bombay%20High%20Court%3A%20A%20case,grounds%20that%20it%20violated%20constitutional
• https://indianexpress.com/article/cities/mumbai/bombay-hc-strikes-down-it-act-amendment-fact-check-unit-9579044/
• https://www.cyberpeace.org/resources/blogs/supreme-court-stay-on-centres-notification-of-pibs-fact-check-unit-under-it-amendment-rules-2023

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Introduction

India is becoming more digital. People are using cards and phones to pay for things. This means there is a risk of people stealing card information and committing fraud. The Payment Card Industry Data Security Standard or PCI DSS is a set of rules that helps companies keep card information safe. It was created by the PCI Security Standards Council, which was started by Visa, Mastercard, American Express, Discover and JCB. The goal of PCI DSS is to reduce the risk of data breaches and card fraud by making sure companies have security controls in place. For India, where digital payments are becoming more popular, PCI DSS is becoming a thing to do.

Applicability in India

PCI DSS applies to all companies in India that store, process or transmit card information. This includes banks, payment companies like Razorpay, PayU and CCAvenue and online sellers. Even companies that use a hosted payment page are responsible for following the rules. Companies that have their payment forms and handle card information have to follow more rules.

Why PCI DSS Matters

Payment security is very important for customers to trust a company. If a company has a security breach it can expose a lot of card information. Damage the company's reputation. In India, where cybercrime's a big problem, PCI DSS helps companies keep card information safe. It has rules for firewalls, encryption, access controls and regular testing to prevent fraud.

Regulatory Landscape: The RBIs Role

PCI DSS is not a law in India. The Reserve Bank of India or RBI has made it a requirement. The RBI has rules that require companies to follow PCI DSS and have security audits. Non-bank companies have to get permission from the RBI and follow rules to store payment information in India. This makes PCI DSS a standard for keeping card information safe in India.

Key Requirements and the Compliance Process

The current version of PCI DSS has twelve requirements that companies have to follow. These requirements include building a network protecting card information and regular testing. Companies have to start by identifying what parts of their system handle card information. Then do a gap analysis to see what they need to do to comply. Smaller companies can usually do this in a week but bigger companies may take several months.

Common Challenges and Practical Solutions

Some problems companies face when trying to comply with PCI DSS include old computer systems that cannot handle modern encryption and unclear rules that make it hard to know what to do. Some solutions include separating the card information system from the rest of the network using tokens and encryption to keep card information safe and regularly checking for vulnerabilities.

Business and Regulatory Benefits

Following PCI DSS rules can help companies avoid penalties and have security breaches. It can also make it easier for companies to work with banks and card networks and build trust with customers. Regulators also look favorably on companies that follow the rules.

Recent Developments and Trends

The RBI has been making rules and requiring companies to follow PCI DSS more closely. As digital payments become more popular it is likely that the RBI will keep making rules to keep card information safe.

As India's digital economy grows, keeping payment information safe is becoming more important. PCI DSS is a set of rules that helps companies keep card information safe. The RBI has made it a requirement for companies to follow these rules. Companies that follow the rules can build trust with customers. Avoid security breaches.

Conclusion

As India's digital economy deepens, protecting payment data is no longer optional; it is the price of participating in the card ecosystem. PCI DSS gives banks, fintechs, gateways and merchants a common, internationally recognised language for security, while RBI's guidelines add local regulatory teeth. Organisations that treat compliance as a continuous discipline, rather than a once-a-year audit exercise, will find it easier to earn customer trust, avoid costly breaches, and scale with confidence. For every business touching cardholder data in India, the message is clear: PCI DSS compliance is now foundational to running a secure, trustworthy digital payments operation.

References

1.  https://www.pcisecuritystandards.org/document_library/
2. https://www.rbi.org.in/Scripts/BS_ViewMasDirections.aspx
3. https://www.rbi.org.in/Scripts/NotificationUser.aspx
4. https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=11822
5. https://www.incorpx.io/blog/pci-dss-compliance-ecommerce-fintech-india
6.  https://cyraacs.com/pci-dss-compliance-checklist
7. https://www.skydo.com/blog/pci-dss-compliance-guide
8. https://www.cybercrime.gov.in/

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Executive Summary:

‍The internet has become a hub for fraudsters, and a new fraudulent scheme has been circulating, stating a free 84-day recharge of ₹719 given by the Honourable Prime Minister Narendra Modi  in celebration of the BJP Government formation in 2024. This is yet another scam that uses tricks to lure the users, for instance by fake questionnaires, fake promises and the use of the Honourable Prime Minister Narendra Modi’s image to give a fake impression of legitimacy. The following blog post analyzes the scam and offers recommendations on how to recognize similar frauds and avoid them.

False Claim:

A viral link trending on various social media platforms states that Narendra Modi, the Honourable Prime Minister of India, is giving a free 84-day free recharge worth ₹719 to all users in India and this is an Election Bonus  in celebration of the BJP government formation in 2024.  The claim insists the users are required to click on the link (https://offerraj.in/Congress2024-Recharge/id=9jMiaeN1) and complete a questionnaire to get the offer.

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The Deceptive Scheme:

1. Mobile-Only Access:  The malicious link (https://offerraj.in/Congress2024-Recharge/id=9jMiaeN1) is designed to open only on mobile devices; this makes it easier for more people to be affected. 
2. Multiple Redirects: After clicking the link, the users are led through a sequence of other links in order to conceal the actual source of the deception, and probably a try of making it difficult to track the notorious activity.
3. Fake Comments & Images: First, the landing page contains a banner with the photo of India’s Honourable Prime-Minister Narendra Modi which gives the site’s visitors the impression of the official source. Also, fake comments can be made for the same reason, stating that the author has received a free recharge and supporting the so-called initiative.
4. Fake Prize Notifications: For instance, after responding to the questions in the questionnaire, users may be presented with messages such as ‘Congratulations, you have won a free recharge’; this further creates an impression of a genuine offer.
5. Social Sharing Requirement: To collect the so-called ‘prize’, the users are requested to share the link in the WhatsApp or other social networks, thus contributing to the spread of the scam.

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Analyzing the Fraudulent Campaign:

1. No Official Announcement: The internet and other social platforms are the only places where such an offer has been mentioned, and there is no official announcement from the Government or any other authorized body.
2. Multiple Redirects: After clicking the link, users are taken through multiple redirects to obfuscating the source of the deception and to trace the malicious activity. 
3. Suspicious Domain and Hosting: The campaign is hosted on a third-party domain (offerraj.in) instead of any official government website, raising suspicion about its authenticity.
4. Personal Data Collection: The questionnaire prompts users to provide personal information, which legitimate Government initiatives would not typically request through unofficial channels.
5. Insecure HTTP Link: The link provided is an insecure HTTP link, whereas legitimate government websites employ secure HTTPS encryption.

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Domain Analysis:

The actual url is hosted on a third party domain instead of the official website of the BJP or any Government website. This is the common way to deceive users into falling for a Phishing scam. Whois information reveals that the domain has been registered recently i.e on 28-03-2023 and the domain is registered with godaddy.com and state is from Rajasthan, India. Cybercriminals used Cloudflare technology to mask the actual IP address of the fraudulent website.

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• Domain Name: offerraj.in
• Registry Domain ID: D9483D0EB38264263958C9609D2DCEA70-IN
• Registrar WHOIS Server:
• Registrar URL: www.godaddy.com
• Updated Date: 2024-05-03T07:30:03Z
• Creation Date: 2023-03-28T04:33:12Z
• Registry Expiry Date: 2026-03-28T04:33:12Z
• Registrar: GoDaddy.com, LLC
• Registrar IANA ID: 146
• Registrant State/Province: Rajasthan
• Registrant Country: IN
• Name Server: johnathan.ns.cloudflare.com
• Name Server: braelyn.ns.cloudflare.com

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Similar offer surfing with different links: Several similar kind of offers through various links such as https://offerintro.com/BJP2024-Recharge/id=QYntPBDU,  https://mahaloot2.xyz, https://mahaloot3.xyz, https://pmoffer4.online,  are available in the social media. All these links are analysed and validated to be malicious or phishing links. 

CyberPeace Advisory and Best Practices:

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1. Stay Informed: Be aware of potential scams and rely on official government channels for verified information.
2. Verify Website Security: Do not click on links that have the ‘http’ at the beginning and focus on sites that have encryption (‘https’).
3. Protect Personal Information: Be careful when there is any request to send some type of personal information, especially if it is done through informal companies.
4. Report Suspicious Activity: When you notice that you have been scammed or a certain activity is fraudulent, ensure to report the incidents to the necessary authorities and the platforms to prevent others from being scammed.

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Conclusion: 

The claim of 84 day free recharge worth ₹719 to all users in India as an “Election Bonus”  is false and similar kinds of various links are consistently surfing through the internet. The deceptive practices employed in these kinds of links are insecure and it has multiple redirects to false promises which highlights the need for heightened awareness and caution among internet users.  In this digital world, it is important to stay informed, verify the authenticity of resources to protect personal information. Individuals can safeguard themselves against such fraudulent schemes and contribute to a safer online environment.

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