#FactCheck -Viral video of Yogi Adityanath and Ravi Kishan’s march is not a UGC protest

There has been a struggle to create legal frameworks that can define where free speech ends and harmful misinformation begins, specifically in democratic societies where the right to free expression is a fundamental value.  Platforms like YouTube, Wikipedia, and Facebook have gained a huge consumer base by focusing on hosting user-generated content. This content includes anything a visitor puts on a website or social media pages. 

The legal and ethical landscape surrounding misinformation is dependent on creating a fine balance between freedom of speech and expression while protecting public interests, such as truthfulness and social stability. This blog is focused on examining the legal risks of misinformation, specifically user-generated content, and the accountability of platforms in moderating and addressing it.

The Rise of Misinformation and Platform Dynamics

Misinformation content is amplified by using algorithmic recommendations and social sharing mechanisms. The intent of spreading false information is closely interwoven with the assessment of user data to identify target groups necessary to place targeted political advertising. The disseminators of fake news have benefited from social networks to reach more people, and from the technology that enables faster distribution and can make it more difficult to distinguish fake from hard news.

Multiple challenges emerge that are unique to social media platforms regulating misinformation while balancing freedom of speech and expression and user engagement. The scale at which content is created and published, the different regulatory standards, and moderating misinformation without infringing on freedom of expression complicate moderation policies and practices.

The impacts of misinformation on social, political, and economic consequences, influencing public opinion, electoral outcomes, and market behaviours underscore the urgent  need for effective regulation, as the consequences of inaction can be profound and far-reaching.

Legal Frameworks and Evolving Accountability Standards

Safe harbour principles allow for the functioning of a free, open and borderless internet. This principle is embodied under the US Communications Decency Act and the Information Technology Act in Sections 230 and 79 respectively.  They play a pivotal role in facilitating the growth and development of the Internet. The legal framework governing misinformation around the world is still in nascent stages. Section 230 of the CDA protects platforms from legal liability relating to harmful content posted on their sites by third parties. It further allows platforms to police their sites for harmful content and protects them from liability if they choose not to.

By granting exemptions to intermediaries, these safe harbour provisions help nurture an online environment that fosters free speech and enables users to freely express themselves without arbitrary intrusions.

A shift in regulations has been observed in recent times. An example is the enactment of the Digital Services Act of 2022 in the European Union.  The Act requires companies having at least 45 million monthly users to create systems to control the spread of misinformation, hate speech and terrorist propaganda, among other things. If not followed through, they risk penalties of up to 6% of the global annual revenue or even a ban in EU countries.

Challenges and Risks for Platforms

There are multiple challenges and risks faced by platforms that surround user-generated misinformation. 

• Moderating user-generated misinformation is a big challenge, primarily because of the quantity of data in question and the speed at which it is generated. It further leads to legal liabilities, operational costs and reputational risks.   
• Platforms can face potential backlash, both in instances of over-moderation or under-moderation. It can be considered as censorship, often overburdening. It can also be considered as insufficient governance in cases where the level of moderation is not protecting the privacy rights of users. 
• Another challenge is more in the technical realm, including the  limitations of AI and algorithmic moderation in detecting nuanced misinformation. It holds out to the need for human oversight to sift through the misinformation that is created by AI-generated content.  

Policy Approaches: Tackling Misinformation through Accountability and Future Outlook

Regulatory approaches to misinformation each present distinct strengths and weaknesses. Government-led regulation establishes clear standards but may risk censorship, while self-regulation offers flexibility yet often lacks accountability. The Indian framework, including the IT Act and the Digital Personal Data Protection Act of 2023, aims to enhance data-sharing oversight and strengthen accountability. Establishing clear definitions of misinformation and fostering collaborative oversight involving government and independent bodies can balance platform autonomy with transparency. Additionally, promoting international collaborations and innovative AI moderation solutions is essential for effectively addressing misinformation, especially given its cross-border nature and the evolving expectations of users in today’s digital landscape.

Conclusion

A balance between protecting free speech and safeguarding public interest is needed to navigate the legal risks of user-generated misinformation poses. As digital platforms like YouTube, Facebook, and Wikipedia continue to host vast amounts of user content, accountability measures are essential to mitigate the harms of misinformation. Establishing clear definitions and collaborative oversight can enhance transparency and build public trust. Furthermore, embracing innovative moderation technologies and fostering international partnerships will be vital in addressing this cross-border challenge. As we advance, the commitment to creating a responsible digital environment must remain a priority to ensure the integrity of information in our increasingly interconnected world.

References

• https://www.thehindu.com/opinion/op-ed/should-digital-platform-owners-be-held-liable-for-user-generated-content/article68609693.ece
• https://www.thehindu.com/opinion/op-ed/should-digital-platform-owners-be-held-liable-for-user-generated-content/article68609693.ece 
• https://hbr.org/2021/08/its-time-to-update-section-230 
• https://www.cnbctv18.com/information-technology/deepfakes-digital-india-act-safe-harbour-protection-information-technology-act-sajan-poovayya-19255261.htm 

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Introduction

India’s digital growth journey has been moving at a tremendous pace. According to MeitY’s report, India’s digital economy is expected to rise to US$ 500 billion by 2025, up from US$ 200 billion in 2019. The digitisation drive that we are experiencing is likely to foster and boost a favourable business environment that will attract rapid investment and augment economic growth across sectors. This will, in turn, compel businesses to adopt digital platforms as solutions to meet customer expectations. Due to accelerated digitisation, cyber risks often deter business growth. Cybercrimes are becoming more rampant and complex and the costs associated with such breaches are not only increasing but also becoming more systemic.

Development of the Cyber Insurance Landscape

Digitization of businesses started in the 1980s with the use of mainframes. Personal computers entered the game and further modified the landscape from the 2000s along with LANs, the internet and the dot-com boom of the 2000s. In the late 1990s, cyber-insurance was developed as a risk management tool to ensure information security. Coverage was limited, and clients included SMEs in need of insurance to qualify for tenders, or community banks too small to hedge the risks of their online banking operations. The first cyber insurance policy was written in 1997 through AIG, against hacking as a third-party liability policy. 

The current trends in the cyber insurance space are focused on the prevention of cyber risks, which by nature are hard to outline and constantly evolving. The result is that the buyers have limited clarity on the types of cyber risks covered under cyber insurance, and even lesser visibility on the scope and amount of optimum coverage. Unfamiliarity with the claim procedure and resolutions, ambiguous claim thresholds during settlements, and confusion around exclusions and coverage of regulatory fines and penalties under a purchased scheme further discourage potential buyers from seriously investing in cyber insurance products. 

Key Factors in Cyber Insurance Evolution and Its Role in Risk Management

The cyber insurance market in India has three key influencing factors, namely the speed of achieving digital maturity, government initiatives to digitise and enforce stringent cyber laws, and the evolving landscape with technology giants and MNCs entering the cyber insurance domain. The latter  are the catalyst for intensifying competition in this market. 

Advancements in technology in terms of AI, machine learning, big data, robotics, blockchain, augmented and virtual reality, and IoT are expected to reshape the insurance industry and help reach untapped audiences in a more digital-forward manner. With the absence of a standard cyber insurance policy, regulators need to take the following variables into consideration while developing cyber insurance policies: the risk insured against, the scope of the loss covered and the limits/ sub-limits.

Challenges 

With the complexity of cyber risks increasing exponentially the challenges to counter the same are growing too which is leading to gaps in the coverage offered for cyber threats. Resultantly, the compliance regulations are dependent on the risks which exist and cyber threat actors adopt new technologies faster and exploit them to their benefit. A lack of historical data and predictability in future cyber risks, the possibility of large overwhelming loss events, uncertainties among market participants about what is specifically covered under such policies, and legal battles over fundamental issues are some of the challenges identified.

Future Outlook/ Recommendations

India's cyber infrastructure requires a multi-faceted approach that involves collaboration between government, industry, and academia should be developed. Some recommendations are:

• Risk assessments should be a general practice and the cyber insurance policies should be simplified, clearing the mismatch between the premium paid and insurance coverage and there should be standard verbosity across cyber policy language.
• Promoting R&D tailored to India focused on education programs that have public-private partnerships and global collaborations to share threat intelligence, best practices, and expertise in critical infrastructure protection.
• Cyber insurance can also be promoted as compliance with the DPDP Act, which would lead to better development of cyber infrastructure and cyber hygiene practices.
• Regular updates to cyber insurance policies to ensure relevance and effectiveness. Insurers could create and offer holistic cyber insurance risk management plans.

Conclusion

According to a report by Deloitte in 2023, the cyber insurance market in India is expected to grow by 27-30 per cent in the coming years and it is currently valued at USD 50-60 million, while maintaining a steady 27-30 per cent CAGR in the past three years. The Indian cyber infrastructure’s nature is challenging, however, it offers opportunities for growth, innovation, and collaboration. A proactive approach, supported by robust policies, advanced technologies, and skilled professionals, will be essential to building a resilient cyber infrastructure capable of withstanding evolving threats.

Reference

• https://www2.deloitte.com/content/dam/Deloitte/nl/Documents/financial-services/deloitte-nl-fsi-demystifying-cyber-insurance-coverage-report.pdf
• https://www.dnaindia.com/business/report-what-s-cyber-liablity-insurance-and-why-you-may-need-it-2136556‍
• https://economictimes.indiatimes.com/industry/banking/finance/insure/cyber-insurance-gains-momentum-in-india-set-to-witness-exponential-growth-deloitte/articleshow/104189297.cms?from=mdr

‍Introduction 

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In September 2025, social media feeds were flooded with strikingly vintage saree-type portraits. These images were not taken by professional photographers, but AI-generated images. More than a million people turned to the "Nano Banana" AI tool of Google Gemini, uploading their ordinary selfies and watching them transform into Bollywood-style, cinematic, 1990s posters. The popularity of this trend is evident, as are the concerns of law enforcement agencies and cybersecurity experts regarding risks of infringement of privacy, unauthorised data sharing, and threats related to deepfake misuse.

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What is the Trend?

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This trend in AI sarees is created using Google Geminis' Nano Banana image-editing tool, editing and morphing uploaded selfies into glitzy vintage portraits in traditional Indian attire. A user would upload a clear photograph of a solo subject and enter prompts to generate images of cinematic backgrounds, flowing chiffon sarees, golden-hour ambience, and grainy film texture, reminiscent of classic Bollywood imagery. Since its launch, the tool has processed over 500 million images, with the saree trend marking one of its most popular uses. Photographs are uploaded to an AI system, which uses machine learning to alter the pictures according to the description specified. The transformed AI portraits are then shared by users on their Instagram, WhatsApp, and other social media platforms, thereby contributing to the viral nature of the trend.

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Law Enforcement Agency Warnings

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1. A few Indian police agencies have issued strong advisories against participation in such trends. IPS Officer VC Sajjanar warned the public: "The uploading of just one personal photograph can make greedy operators go from clicking their fingers to joining hands with criminals and emptying one's bank account." His advisory had further warned that sharing personal information through trending apps can lead to many scams and fraud.
2. Jalandhar Rural Police issued a comprehensive warning stating that such applications put the user at risk of identity theft and online fraud when personal pictures are uploaded. A senior police officer stated: "Once sensitive facial data is uploaded, it can be stored, analysed, and even potentially misused to open the way for cyber fraud, impersonation, and digital identity crimes.

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The Cyber Crime Police also put out warnings on social media platforms regarding how photo applications appear entertaining but can pose serious risks to user privacy. They specifically warned that selfies uploaded can lead to data misuse, deepfake creation, and the generation of fake profiles, which are punishable under Sections 66C and 66D of the IT Act 2000.

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Consequences of Such Trends

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The massification of AI photo trends has several severe effects on private users and society as a whole. Identity fraud and theft are the main issues, as uploaded biometric information can be used by hackers to generate imitated identities, evading security measures or committing financial fraud. The facial recognition information shared by means of these trends remains a digital asset that could be abused years after the trend has passed. ‘Deepfake’ production is another tremendous threat because personal images shared on AI platforms can be utilised to create non-consensual artificial media. Studies have found that more than 95,000 deepfake videos circulated online in 2023 alone, a 550% increase from 2019. The images uploaded can be leveraged to produce embarrassing or harmful content that can cause damage to personal reputation, relationships, and career prospects.

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Financial exploitation is also when fake applications in the guise of genuine AI tools strip users of their personal data and financial details. Such malicious platforms tend to look like well-known services so as to trick users into divulging sensitive information. Long-term privacy infringement also comes about due to the permanent retention and possible commercial exploitation of personal biometric information by AI firms, even when users close down their accounts.

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Privacy Risks

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A few months ago, the Ghibli trend went viral, and now this new trend has taken over. Such trends may subject users to several layers of privacy threats that go far beyond the instant gratification of taking pleasing images. Harvesting of biometric data is the most critical issue since facial recognition information posted on these sites becomes inextricably linked with user identities. Under Google's privacy policy for Gemini tools, uploaded images might be stored temporarily for processing and may be kept for longer periods if used for feedback purposes or feature development. 

Illegal data sharing happens when AI platforms provide user-uploaded content to third parties without user consent. A Mozilla Foundation study in 2023 discovered that 80% of popular AI apps had either non-transparent data policies or obscured the ability of users to opt out of data gathering. This opens up opportunities for personal photographs to be shared with anonymous entities for commercial use. Exploitation of training data includes the use of personal photos uploaded to enhance AI models without notifying or compensating users. Although Google provides users with options to turn off data sharing within privacy settings, most users are ignorant of these capabilities. Integration of cross-platform data increases privacy threats when AI applications use data from interlinked social media profiles, providing detailed user profiles that can be taken advantage of for purposeful manipulation or fraud. Inadequacy of informed consent continues to be a major problem, with users engaging in trends unaware of the entire context of sharing information. Studies show that 68% of individuals show concern regarding the misuse of AI app data, but 42% use these apps without going through the terms and conditions.

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CyberPeace Expert Recommendations

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While the Google Gemini image trend feature operates under its own terms and conditions, it is important to remember that many other tools and applications allow users to generate similar content. Not every platform can be trusted without scrutiny, so users who engage in such trends should do so only on trustworthy platforms and make reliable, informed choices. Above all, following cybersecurity best practices and digital security principles remains essential.

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Here are some best practices:-

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1.Immediate Protection Measures for User

In a nutshell, protection of personal information may begin by not uploading high-resolution personal photos into AI-based applications, especially those trained for facial recognition. Instead, a person can play with stock images or non-identifiable pictures to the degree that it satisfies the program's creative features without compromising biometric security. Strong privacy settings should exist on every social media platform and AI app by which a person can either limit access to their data, content, or anything else.

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2.Organisational Safeguards

AI governance frameworks within organisations should enumerate policies regarding the usage of AI tools by employees, particularly those concerning the upload of personal data. Companies should appropriately carry out due diligence before the adoption of an AI product made commercially available for their own use in order to ensure that such a product has its privacy and security levels as suitable as intended by the company. Training should instruct employees regarding deepfake technology.

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3.Technical Protection Strategies

Deepfake detection software should be used. These tools, which include Microsoft Video Authenticator, Intel FakeCatcher, and Sensity AI, allow real-time detection with an accuracy higher than 95%. Use blockchain-based concepts to verify content to create tamper-proof records of original digital assets so that the method of proposing deepfake content as original remains very difficult.

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4.Policy and Awareness Initiatives

For high-risk transactions, especially in banks and identity verification systems, authentication should include voice and face liveness checks to ensure the person is real and not using fake or manipulated media. Implement digital literacy programs to empower users with knowledge about AI threats, deepfake detection techniques, and safe digital practices. Companies should also liaise with law enforcement, reporting purported AI crimes, thus offering assistance in combating malicious applications of synthetic media technology.

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5.Addressing Data Transparency and Cross-Border AI Security

Regulatory systems need to be called for requiring the transparency of data policies in AI applications, along with providing the rights and choices to users regarding either Biometric data or any other data. Promotion must be given to the indigenous development of AI pertaining to India-centric privacy concerns, assuring the creation of AI models in a secure, transparent, and accountable manner. In respect of cross-border AI security concerns, there must be international cooperation for setting common standards of ethical design, production, and use of AI. With the virus-like contagiousness of AI phenomena such as saree editing trends, they portray the potential and hazards of the present-day generation of artificial intelligence. While such tools offer newer opportunities, they also pose grave privacy and security concerns, which should have been considered quite some time ago by users, organisations, and policy-makers. Through the setting up of all-around protection mechanisms and keeping an active eye on digital privacy, both individuals and institutions will reap the benefits of this AI innovation, and they shall not fall on the darker side of malicious exploitation. 

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References

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1. https://www.hindustantimes.com/trending/amid-google-gemini-nano-banana-ai-trend-ips-officer-warns-people-about-online-scams-101757980904282.html%202
2. https://www.moneycontrol.com/news/india/viral-banana-ai-saree-selfies-may-risk-fraud-warn-jalandhar-rural-police-13549443.html
3. https://www.parliament.nsw.gov.au/researchpapers/Documents/Sexually%20explicit%20deepfakes.pdf
4. https://www.mckinsey.com/capabilities/quantumblack/our-insights/the-state-of-ai-in-2023-generative-ais-breakout-year
5. https://www.mckinsey.com/capabilities/quantumblack/our-insights/the-state-of-ai-in-2023-generative-ais-breakout-year
6. https://socradar.io/top-10-ai-deepfake-detection-tools-2025/

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