#FactCheck: A viral claim suggests that India Post will remove all red letter boxes across the country beginning 1 September 2025.

Introduction

The Telecom Regulatory Authority of India (TRAI) has directed all telcos to set up detection systems based on Artificial Intelligence and Machine Learning (AI/ML) technologies in order to identify and control spam calls and text messages from unregistered telemarketers (UTMs).

The TRAI Directed telcos

The telecom regulator, TRAI, has directed all Access Providers to detect Unsolicited commercial communication (UCC)by systems, which is based on Artificial Intelligence and Machine Learning to detect, identify, and act against senders of Commercial Communication who are not registered in accordance with the provisions of the Telecom Commercial Communication Customer Preference Regulations, 2018 (TCCCPR-2018). Unregistered Telemarketers (UTMs) are entities that do not register with Access Providers and use 10-digit mobile numbers to send commercial communications via SMS or calls.

TRAI steps to curb Unsolicited commercial communication

TRAI has taken several initiatives to reduce Unsolicited Commercial Communication (UCC), which is a major source of annoyance for the public. It has resulted in fewer complaints filed against Registered Telemarketers (RTMs). Despite the TSPs’ efforts, UCC from Unregistered Telemarketers (UTMs) continues. Sometimes, these UTMs use messages with bogus URLs and phone numbers to trick clients into revealing crucial information, leading to financial loss.

To detect, identify, and prosecute all Unregistered Telemarketers (UTMs), the TRAI has mandated that Access Service Providers implement the UCC.

Detect the System with the necessary functionalities within the TRAI’s Telecom Commercial Communication Customer Preference Regulations, 2018 framework.

Access service providers have implemented such detection systems based on their applicability and practicality. However, because UTMs are constantly creating new strategies for sending unwanted communications, the present UCC detection systems provided by Access Service providers cannot detect such UCC.

TRAI also Directs Telecom Providers to Set Up Digital Platform for Customer Consent to Curb Promotional Calls and Messages.

Unregistered Telemarketers (UTMs) sometimes use messages with fake URLs and phone numbers to trick customers into revealing essential information, resulting in financial loss.

TRAI has urged businesses like banks, insurance companies, financial institutions, and others to re-verify their SMS content templates with telcos within two weeks. It also directed telecom companies to stop misusing commercial messaging templates within the next 45 days.

The telecom regulator has also instructed operators to limit the number of variables in a content template to three. However, if any business intends to utilise more than three variables in a content template for communicating with their users, this should be permitted only after examining the example message, as well as adequate justifications and justification.

In order to ensure consistency in UCC Detect System implementations, TRAI has directed all Access Providers to deploy UCC and detect systems based on artificial intelligence and Machine Learning that are capable of constantly evolving to deal with new signatures, patterns, and techniques used by UTMs.

Access Providers have also been directed to use the DLT platform to share intelligence with others. Access Providers have also been asked to ensure that such UCC Detect System detects senders that send unsolicited commercial communications in bulk and do not comply with the requirements. All Access Providers are directed to follow the instructions and provide an update on actions done within thirty days.

The move by TRAI is to curb the menacing calls as due to this, the number of scam cases is increasing, and now a new trend of scams started as recently, a Twitter user reported receiving an automated call from +91 96681 9555 with the message “This call is from Delhi Police.” It then asked her to stay in the queue since some of her documents needed to be picked up. Then he said he works as a sub-inspector at the Kirti Nagar police station in New Delhi. He then inquired whether she had recently misplaced her Aadhaar card, PAN card, or ATM card, to which she replied ‘no’. The scammer then poses as a cop and requests that she authenticate the last four digits of her card because they have found a card with her name on it. And a lot of other people tweeted about it.

Conclusion

TRAI directed the telcos to check the calls and messages from Unregistered numbers. This step of TRAI will curb the pesky calls and messages and catch the Frauds who are not registered with the regulation. Sometimes the unregistered sender sends fraudulent links, and through these fraudulent calls and messages, the sender tries to take the personal information of the customers, which results in financial losses.

Introduction

On 20th March 2024, the Indian government notified the Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting as the Fact Check Unit (FCU) of the Central Government. This PIB FCU is notified under the provisions of Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).

However, the next day, on 21st March 2024, the Supreme Court stayed the Centre's decision. The IT Amendment Rules of 2023 provide that the Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body to identify and tag what it considers fake news with respect to any activity of the Centre. The stay will be in effect till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.

The official notification dated 20th March 2024 read as follows:

“In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government.”

Impact of the notification

The impact of notifying PIB’s FCU under Rule 3(1)(b)(v)will empower the PIB’s FCU to issue direct takedown directions to the concerned Intermediary. Any information posted on social media in relation to the business of the central government that has been flagged as fake or false by the FCU has to be taken down by the concerned intermediary. If it fails to do so, it will lose the 'safe harbour' immunity against legal proceedings arising out of such information posted offered under Section 79 of IT Act, 2000.

Safe harbour provision u/s 79 of IT Act, 2000

Section 79 of the IT Act, 2000 serves as a safe harbour provision for intermediaries. The provision states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used unlawfully. Furthermore, intermediaries are obliged to observe due diligence on their platforms.

Rule 3 (1)(b)(v) Under IT Amendment Rules 2023

Rule 3(1)(b)(v) of The Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [updated as on 6.4.2023] provides that all intermediaries [Including a social media intermediary, a significant social media intermediary and an online gaming intermediary], are required to make "reasonable efforts” or perform due diligence to ensure that their users do not "host, display, upload, modify, publish, transmit, store, update or share” any information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify”.

PIB - FCU

The PIB - Fact Check Unit(FCU) was established in November 2019 to prevent the spread of fake news and misinformation about the Indian government. It also provides an accessible platform for people to report suspicious or questionable information related to the Indian government. This FCU is responsible for countering misinformation on government policies, initiatives, and schemes. The FCU is tasked with addressing misinformation about government policies, initiatives, and schemes, either directly (Suo moto) or through complaints received. On 20th March 2024,via a gazetted notification, the Centre notified the Press Information Bureau's fact-check unit (FCU) as the nodal agency to flag fake news or misinformation related to the central government. However, The Supreme Court stayed the Centre's notification of the Fact-Check Unit under IT Amendment Rules 2023.

Concerns with IT Amendment Rules 2023

The Ministry of Electronics and Information Technology(MeitY) amended the IT Rules of 2021. The ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023’ (IT Amendment Rules 2023) were notified by the Ministry of Electronics and Information Technology on 6 April 2023. The rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government” and also made other provisions pertaining to online gaming.

The Constitutional validity of  IT Amendment Rules 2023 has been challenged through a writ petition challenging the IT Rules 2023 in the Bombay High Court. The contention is that the rules raise "serious constitutional questions," and Rule 3(1)(b)(v), as amended in 2023, impacts the fundamental right to freedom of speech and expression would fall for analysis by the High Court.

Supreme Court Stays Setting up of FCU

A bench comprising Chief Justice DY Chandra Hud, Justices JB Pardiwala and Manoj Misra convened to hear Special Leave Petitions filed by Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023. The Supreme Court has stayed the Union's notification of the Fact-Check Unit under the IT Amendment Rules 2023, pending the Bombay High Court's decision on the challenges to the IT Rules Amendment 2023.

Emphasizing Freedom of Speech in the Democratic Environment

The advent of advanced technology has also brought with it a new generation of threats and concerns: the misuse of said technology in the form of deepfakes and misinformation is one of the most pressing concerns plaguing society today. This realization has informed the critical need for stringent regulatory measures. The government is rightly prioritizing the need to immediately address digital threats, but there must be a balance between our digital security policies and the need to respect free speech and critical thinking. The culture of open dialogue is the bedrock of democracy. The ultimate truth is shaped through free trade in ideas within a competitive marketplace of ideas. The constitutional scheme of democracy places great importance on the fundamental value of liberty of thought and expression, which has also been emphasized by the Supreme Court in its various judgements.

The IT Rules, 2023,provide for creating a "fact check unit" to identify fake or false or misleading information “in relation to any business of the central government "This move raised concerns within the media fraternity, who argued that the determination of fake news cannot be placed solely in the hands of the government. It is also worth noting that if users post something illegal, they can still be punished under laws that already exist in the country.

We must take into account that freedom of speech under Article 19 of the Constitution is not an absolute right. Article 19(2) imposes restrictions on the Right to Freedom of Speech and expression. Hence, there has to be a balance between regulatory measures and citizens' fundamental rights.

Nowadays, the term ‘fake news’ is used very loosely. Additionally, there is a dearth of clearly established legal parameters that define what amounts to fake or misleading information. Clear definitions of the terms should be established to facilitate certainty as to what content is ‘fake news’ and what content is not. Any such restriction on speech must align with the exceptions outlined in Article19(2) of the Constitution.

Conclusion

Through a government notification, PIB - FCU was intended to act as a government-run fact-checking body to verify any information about the Central Government. However, the apex court of India stayed the Centre's notification. Now, the matter is sub judice, and we hope for the judicial analysis of the validity of IT Amendment Rules 2023.

Notably, the government is implementing measures to combat misinformation in the digital world, but it is imperative that we strive for a balance between regulatory checks and individual rights. As misinformation spreads across all sectors, a centralised approach is needed in order to tackle it effectively. Regulatory reforms must take into account the crucial roleplayed by social media in today’s business market: a huge amount of trade and commerce takes place online or is informed by digital content, which means that the government must introduce policies and mechanisms that continue to support economic activity. Collaborative efforts between the government and its agencies, technological companies, and advocacy groups are needed to deal with the issue better at a higher level.

References

• https://egazette.gov.in/(S(xzwt4b4haaqja32xqdiksbju))/ViewPDF.aspx
• https://pib.gov.in/PressReleasePage.aspx?PRID=2015792
• https://economictimes.indiatimes.com/tech/technology/govt-notifies-fact-checking-unit-under-pib-to-check-fake-news-misinformation-related-to-centre/articleshow/108653787.cms?from=mdr
• https://www.epw.in/journal/2023/43/commentary/it-amendment-rules-2023.html#:~:text=The%20Information%20Technology%20Amendment%20Rules,to%20be%20false%20or%20misleading
• ‍https://www.livelaw.in/amp/top-stories/supreme-court-kunal-kamra-editors-guild-notifying-fact-check-unit-it-rules-2023-252998
• ‍https://www.aljazeera.com/news/2024/3/21/india-top-court-stays-government-move-to-form-fact-check-unit-under-it-laws
• ‍https://www.meity.gov.in/writereaddata/files/Information%20Technology 28Intermediary%20Guidelines%20and%20Digital% 20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf
• 2024 SCC On Line Bom 360

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Introduction

In the vast expanse of the digital cosmos, where the tendrils of the internet weave an intricate tapestry of connectivity, the channels through which information cascades have become a labyrinth of enigma and complexity. As we traverse this boundless virtual landscape, the line demarcating fact from fiction blurs, leaving the essence of truth adrift in a deluge of data. Amidst this ceaseless flow, platforms such as YouTube, Meta, and Twitter emerge as bulwarks in a pivotal struggle against the insidious spectres of fake news and disinformation—a struggle as fervent and consequential as any historical skirmish over the dominion of truth and influence.

Let us delve into a few case studies that illustrate the multifaceted nature of this digital warfare, where the stakes are nothing less than the integrity of public discourse and the sanctity of societal harmony.

Case 1: A Chief Minister's Stand Against Digital Deception

In the northeastern reaches of India, Assam's Chief Minister, Himanta Biswa Sarma, confronted disinformation head-on. With the spectre of elections looming like a storm on the horizon, he took to the microblogging site X to unveil a nefarious scheme—a doctored video intended to distort his speech and sow seeds of communal discord. 'See for yourself, as elections approach, how vested groups distort a speech with the criminal intention of spreading disinformation and communal disharmony. The long arms of the law will catch up with these elements,' declared Sarma, his words a clarion call for vigilance.

The counterfeit video, crafted to smear the Chief Minister's reputation, elicited a swift and decisive response from Assam's Director General of Police, G.P. Singh. 'Noted Sir. CID Assam would register a criminal case and investigate the people behind this,' assured Singh, signalling the readiness of the law to pursue the purveyors of falsehood.

Case 2: Waves of Deceit: Unverified Claims of Cancellations in the Maldives Tourism Controversy

The narrative shifts to the idyllic archipelago of the Maldives, where the azure waters belie a tumultuous undercurrent of diplomatic discord with India. Following disparaging remarks by Maldivian officials directed at Indian Prime Minister Narendra Modi, the social media sphere became rife with claims of Indian tourists en masse cancelling their sojourns to the island nation. Screenshots purporting to show cancelled bookings flooded platforms like X, with one user claiming to have annulled a reservation at the Palms Retreat, Fulhadhoo, to the tune of at least Rs 5 lakh, citing the officials' 'racist remarks.'

Initial reports from a few media outlets lent credence to this narrative of widespread cancellations. However, upon closer scrutiny, the veracity of these claims crumbled like a sandcastle at high tide. Concrete evidence to substantiate the alleged boycott was conspicuously absent, and neither travel agencies nor airlines corroborated the supposed trend.

The controversy was inflamed when PM Modi's visit to Lakshadweep, and subsequent social media posts praising the archipelago, spurred Indian users to champion Lakshadweep as an alternative to the Maldives. The vitriolic response from Maldivian ministers, who labelled Modi with derogatory remarks, ignited a firestorm on X, with hashtags like #BoycottMaldives and #MaldivesBoycott trending fervently.

Yet, the truth behind the cacophony of cancellation numbers remains shrouded in ambiguity, with no official acknowledgement from either government and a conspicuous absence of data from the tourism industry.

Case 3: Misinformation Highway: Unraveling the Fabrications in Bollywood's rumours or misinformation: Lies, Thumbnails, and Digital Dalliances

Gaze now turns to the bustling fabricated thumbnails or rumour taglines on uploaded videos on YouTube, where thumbnails emblazoned with tantalising texts beckon viewers with the promise of scandalous revelations. 'Pregnant? Divorced?' they shout, luring millions into their web with the allure of salacious 'news.' Yet, these are but mirages, baseless rumours masquerading as fact, or worse, complete fabrications.

The platform teems with counterfeit narratives and rumours, targeting the luminaries of Bollywood. Factors such as easy content uploading without strict scrutiny, a burgeoning digital footprint, and India's insatiable appetite for celebrity culture have created a fertile ground for the proliferation of such content. It is a testament to the power of the digital age, where anyone with a connection can craft a narrative and cast it into the ether, regardless of its foundation in reality.

We must arm ourselves with discernment and scepticism in this relentless onslaught of misinformation. The digital realm, for all its wonders, is also a battleground where the currency is truth, and the price of negligence is the erosion of our collective understanding. As we navigate this ever-evolving landscape, let us hold fast to the principles of verification and evidence, for they are the compass by which we can chart a course through the maelstrom of misinformation that seeks to engulf us.

Conclusion

In this era of digital enlightenment, it is incumbent upon us to discern the chaff from the wheat, to elevate the discourse beyond the mire of falsehoods. Let us endeavour to foster a digital polity that values truth, champions authenticity, and resolutely stands against the tide of disinformation that threatens to undermine the very fabric of our society.

References:

1. https://www.indiatodayne.in/assam/video/assam-cm-exposes-fake-video-scheme-dgp-promises-swift-action-743097-2024-01-08
2. https://www.thequint.com/news/webqoof/boycott-maldives-misinformation-on-trip-booking-cancellations
3. https://www.thequint.com/news/webqoof/bollywood-fake-news-on-youtube-uses-divorce-pregnancy-and-arrests-for-misinformation