#FactCheck-AI-generated image falsely shows Yusuf Pathan joining BJP with JP Nadda

Introduction

Misinformation has been a significant concern in recent times, especially in the online information landscape. This past month, misinformation has been linked to the communal tensions that have flared up in the North Tripura district. While the law enforcement agencies were quick to respond, misinformation about the law and order situation spread rapidly. Shri Amitabh Ranjanon, Tripura’s Director General of Police, issued a public statement on 21st October 2024, Monday, clarifying “The state's law and order situation has improved, and misinformation is being spread about it”. This instance is a classic example of how misinformation can affect the delivery of good governance to citizens or hamper the relationship between the citizenry and the state mechanisms. Such misinformation undermines the efforts of the law enforcement agencies striving to maintain peace, and distorted narratives can colour public opinion about the authorities and create cycles of misplaced distrust. 

DGP's Statement

DGP Amitabh Ranjanon clarified during an event to commemorate Police Commemoration Day, stating that the state has recorded a lesser number of crimes this year compared to the last 10 years. He emphasized that senior police officials promptly respond to any law and order issues and additional forces have been deployed as necessary. Ranjan highlighted the peaceful celebration of Durga Puja as a testament to the effective law enforcement measures in place, demonstrating communal harmony. 

Impact of Misinformation in communal settings

Misinformation in communal settings can cause anxiety, fear, and distrust among community members, leading to conflicts. It undermines public confidence in law enforcement and government institutions. The spread of false information can erode trust in law enforcement and government bodies, hindering their ability to address and solve conflicts. Therefore, precise data and accurate information are essential in every environment to avoid the harm caused by misinformation. 

Preventive Measures Against Misinformation

1. Look for authenticated sources

In a digital landscape filled with information from various sources, it’s essential to differentiate between credible and unreliable content. Authenticated sources are typically reputable organizations and officials. Users must rely on authenticated sources to ensure the information's accuracy and credibility. Users must verify the source, confirm the claims made in the source by comparing them with other credible sources for accuracy, and follow fact-checking practices.

2. Exercise caution on social media information

Social media platforms can rapidly disseminate information, but they can also serve as breeding grounds for misinformation. The ease of sharing content can lead to the spread of unverified claims, rumours, or even outright falsehoods. Therefore, exercising caution when engaging with information on these platforms is crucial. Users must scrutinize headlines and images as well, especially since misleading images can distort the truth with the advent of AI.  One must always read beyond the headline and check the context of the images used and not make split-second decisions and impressions. Users must engage in critical thinking and share informed opinions responsibly, to promote discussions about the validity of shared content.

3. Role of Awareness

Awareness about misinformation is essential for navigating the complexities of modern communication. People can make better decisions and help create a more informed society by being aware of the strategies used to disseminate false information. Users need to become knowledgeable about typical misinformation strategies, hone their cognitive abilities to critically assess internet content, and verify the reliability of sources before they form opinions, make decisions or share ahead.

Final words

By integrating these simple best practices into our daily lives we can cultivate a more informed public, reduce the spread of online misinformation, and enhance critical thinking skills among peers and the larger digital community.

References

1. https://www.theweek.in/wire-updates/national/2024/10/21/cal8-tr-dgp.html
2. https://www.newindianexpress.com/nation/2024/Oct/21/tripura-dgp-says-misinformation-being-spread-about-states-law-and-order-situation
3. https://indianexpress.com/article/north-east-india/tripura/police-inaction-tripura-dgp-amitabh-ranjan-sharp-decline-crime-rate-9632509/
4. https://www.newindianexpress.com/nation/2024/Oct/21/tripura-dgp-says-misinformation-being-spread-about-states-law-and-order-situation

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Introduction

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Online dating platforms have become a common way for individuals to connect in today’s digital age. For many in the LGBTQ+ community, especially in environments where offline meeting spaces are limited, these platforms offer a way to find companionship and support. However, alongside these opportunities come serious risks. Users are increasingly being targeted by cybercrimes such as blackmail, sextortion, identity theft, and online harassment. These incidents often go unreported due to stigma and concerns about privacy. The impact of such crimes can be both emotional and financial, highlighting the need for greater awareness and digital safety.

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Cybercrime On LGBTQ+ Dating Apps: A Threat Landscape

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According to the NCRB 2022 report, there has been a 24.4% increase in cybercrimes. But unfortunately, the queer community-specific data is not available.  Cybercrimes that target LGBTQ+ users in very organised and predatory. In several Indian cities, gangs actively monitor dating platforms to the point that potential victims, especially young queers and those who seem discreet about their identity, become targets. Once the contact is established, perpetrators use a standard operating process, building false trust, forcing private exchanges, and then gradually starting blackmail and financial exploitation. Many queer victims are blackmailed with threats of exposure to families or workplaces, often by fake police demanding bribes. Fear of stigma and insensitive policing discourages reporting. Cyber criminal gangs exploit these gaps on dating apps. Despite some arrests, under-reporting persists, and activists call for stronger platform safety.

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Types of Cyber Crimes against Queer Community on Dating Apps

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1. Romance scam or “Lonely hearts scam”: Scammers build trust with false stories (military, doctors, NGO workers) and quickly express strong romantic interest. They later request money, claiming emergencies. They often try to create multiple accounts to avoid profile bans. 
2. Sugar daddy scam: In this type of scam, the fraudster offers money or allowance in exchange for things like chatting, sending photos, or other interactions. They usually offer a specific amount and want to use some uncommon payment gateways. After telling you they will send you a lot of money, they often make up a story like: “My last sugar baby cheated me, so now you must first send me a small amount to prove you are trustworthy.” This is just a trick to make you send them money first.
3. Sextortion / Blackmail scam: Scammers record explicit chats or pretend to be underage, then threaten exposure unless you pay. Some target discreet users. Never send explicit content or pay blackmailers. 
4. Investment Scams: Scammers posing as traders or bankers convince victims to invest in fake opportunities. Some "flip" small amounts to build trust, then disappear with larger sums. Real investors won’t approach you on dating apps. Don’t share financial info or transfer money.
5. Pay-Before-You-Meet scam: Scammer demands upfront payment (gift cards, gas money, membership fees) before meeting, then vanishes. Never pay anyone before meeting in person.
6. Security app registration scam: Scammers ask you to register on fake "security apps" to steal your info, claiming it ensures your safety. Research apps before registering. Be wary of quick link requests.
7. The Verification code scam: Scammers trick you into giving them SMS verification codes, allowing them to hijack your accounts. Never share verification codes with anyone.
8. Third-party app links: Mass spam messages with suspicious links that steal info or infect devices. Don’t click suspicious links or “Google me” messages.
9. Support message scam: Messages pretending to be from application support, offering prizes or fake shows to lure you to malicious sites. 

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Platform Accountability & Challenges 

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The issue of online dating platforms in India is characterised by weak grievance redressal, poor takedown of abusive profiles, and limited moderation practices. Most platforms appoint grievance officers or offer an in-app complaint portal, but complaints are often unanswered or receive only automated and AI-generated responses. This highlights the gap between policy and enforcement on the ground.

Abusive or fake profiles, often used for scams, hate crimes, and outing LGBTQ+ individuals, remain active long after being reported. In India, organised extortion gangs have exploited such profiles to lure, assault, rob, and blackmail queer men. Moderation teams often struggle with backlogs and lack the resources needed to handle even the most serious complaints.

Despite offering privacy settings and restricting profile visibility, moderation practices in India are still weak, leaving large segments of users vulnerable to impersonation, catfishing, and fraud. The concept of pseudonymisation can help protect vulnerable communities, but it is difficult to distinguish authentic users from malicious actors without robust, privacy-respecting verification systems. 

Since many LGBTQ+ individuals prefer to maintain their confidentiality, while others are more vocal about their identities, in either case, the data shared by an individual with an online dating platform must be vigilantly protected. The Digital Personal Data Protection Act, 2023, mandates the protection of personal data. Section 8(4) provides: “A Data Fiduciary shall implement appropriate technical and organisational measures to ensure effective observance of the provisions of this Act and the rules made thereunder.” Accordingly, digital platforms collecting such data should adopt the necessary technical and organisational measures to comply with data protection laws.

Recommendations

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The Supreme Court has been proactive in this regard, through decisions like Navtej Singh Johar v. Union of India, which decriminalised same-sex relationships. Justice K.S. Puttaswamy (Retd.) v. Union of India and Ors., acknowledged the right to privacy as a fundamental right, and, most recently, the 2025 affirmation of the right to digital access. However, to protect LGBTQ+ people online, more robust legal frameworks are still required.

There is a requirement for a dedicated commission or an empowered LGBTQ+ cell. Like the National Commission for Women (NCW), which works to safeguard the rights of women, a similar commission would address community-specific issues, including cybercrime, privacy violations, and discrimination on digital platforms. It may serve as an institutional link between the victim, the digital platforms, the government, and the police. Dating Platforms must enhance their security features and grievance mechanisms to safeguard the users.

Best Practices

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Scammers use data sets and plans to target individuals seeking specific interests, such as love, sex, money, or association. Do not make financial transactions, such as signing up for third-party platforms or services. Scammers may attempt to create accounts for others, which can be used to access dating platforms and harm legitimate users. Users should be vigilant about sharing sensitive information, such as private images, contact information, or addresses, as scammers can use this information to threaten users. Stay smart, stay cyber safe. 

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References

1. https://www.hindustantimes.com/htcity/cinema/16yearold-queer-child-pranshu-dies-by-suicide-due-to-bullying-did-we-fail-as-a-society-mental-health-expert-opines-101701172202794.html#google_vignette
2. https://www.ijsr.net/archive/v11i6/SR22617213031.pdf
3. https://help.grindr.com/hc/en-us/articles/1500009328241-Scam-awareness-guide
4. http://meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf
5. https://mib.gov.in/sites/default/files/2024-02/IT%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20English.pdf

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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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