#FactCheck: An image shows Sunita Williams with Trump and Elon Musk post her space return.

Introduction 

The world has been witnessing various advancements in cyberspace, and one of the major changes is the speed with which we gain and share information. Cyberspace has been declared as the fifth dimension of warfare, and hence, the influence of technology will go a long way in safeguarding ourselves and our nation. Information plays a vital role in this scenario, and due to the easy access to information, the instances of misinformation and disinformation have been rampant across the globe. In the recent Russia-Ukraine crisis, it was clearly seen how instances of misinformation can lead to major loss and harm to a nation and its subjects. All nations and global leaders are deliberating upon this aspect and efficient sharing of information among friendly nations and inter-government organisations. 

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What is IW? 

IW, also known as Information warfare, is a critical aspect of defending our cyberspace. Information Warfare, in its broadest sense, is a struggle over the information and communications process, a struggle that began with the advent of human communication and conflict. Over the past few decades, the rapid rise in information and communication technologies and their increasing prevalence in our society has revolutionised the communications process and, with it, the significance and implications of information warfare. Information warfare is the application of destructive force on a large scale against information assets and systems, against the computers and networks that support the four critical infrastructures (the power grid, communications, financial, and transportation). However, protecting against computer intrusion, even on a smaller scale, is in the national security interests of the country and is important in the current discussion about information warfare.

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IW in India 

The aspects of misinformation have been recently seen in India in the form of the violence in Manipur and Nuh, which resulted in a massive loss of property and even human lives. A lot of miscreants or anti-national elements often seed misinformation in our daily news feed, and this is often magnified by social media platforms such as Instagram or X (formerly known as Twitter) and OTT-based messaging applications like WhatsApp or Telegram during the pandemic. It was seen nearly every week that some or the other new ways to treat COVID-19 were shared on Social media, which were false and inaccurate, especially in regard to the vaccination drive. A lot of posts and messages highlighted that the Vaccine is not safe, but a lot of this was a part of misinformation propaganda. Most of the time, the speed of spread of such episodes of misinformation is rapid and is often spread by the use of social media platforms and OTT messaging applications. 

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IW and Indian Army

Former Meta employees have recently come up with allegations that the Chinar Corp of the Indian Army had approached the social media giant to suppress some pages and channels which propagated content that may be objectionable. It is alleged that the formation made such a request to propagate its counterintelligence operations against Pakistan. The Chinar Corps is one of the most prestigious formations of the Indian Army and has the operational area of Kashmir Valley. The instances of online grooming and brainwashing have been common from the anti-national elements of Pakistan, as a faction of youth has been engaged in terrorist activities directly or indirectly. Various messaging and social media apps are used by the bad actors to lure in innocent youth on the fake and fabricated pretext of religion or any other social issue. The Indian Army had launched an anti-misinformation campaign in Kashmir, which aimed to protect Kashmiris from the propaganda of fake news and misinformation, which often led to radicalisation or even riots or attacks on defence forces. The aspect of net neutrality is often misused by bad actors in areas which are sociological, critical or unstable. The Indian Army has created special offices focusing on IW at all levels of formations, and the same is also used to eradicate all or any fake news or fake propaganda against the Indian Army. 

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Conclusion

Information has always been a source of power since the days of the Roman Empire. Control, dissemination, moderation and mode of sharing of information plays a vital role for any nation both in term of safety from external threats and to maintain National Security. Information Warfare is part of the 5th dimension of warfare, i.e., Cyberwar and is a growing concern for developed as well as developing nations. Information warfare is a critical aspect which needs to be incorporated in terms of basic training for defence personnel and law enforcement agencies. The anti-misinformation operation in Kashmir was primarily focused towards eradicating the bad elements after repealing Article 377,  from cyberspace and ensuring harmony, peace, stability and prosperity in the state.    

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References 

• https://irp.fas.org/eprint/snyder/infowarfare.htm
• https://www.thehindu.com/news/national/metas-india-team-delayed-action-against-army-led-misinfo-op-in-kashmir-us-news-report/article67352470.ece
• https://www.indiatoday.in/india/story/facebook-instagram-block-handles-of-chinar-corps-no-response-from-company-over-a-week-says-officials-1910445-2022-02-08

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Introduction 
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Freedom of speech and expression is fundamental to democracy and is constitutionally entrenched in Article 19(1)(a) of the Indian Constitution. The explosion of online spaces, brought about by the digital age, in the form of social media, blogs, and messaging apps, has reinterpreted how information is authored, disseminated, and consumed. This digital revolution has galvanised individuals to engage further inclusively in public debate, but has also fanatically magnified the risks of misinformation, hate speech, and threats to public order. Against this background, the judiciary is increasingly called upon to determine the limits of free speech, primarily where state regulation seeks to infringe upon constitutional protection.
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Constitutional and Statutory Framework related to Freedom of Speech 
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The judiciary plays an integral role in balancing the fundamental right of freedom of speech with the regulation of online content, especially during the fast-paced evolution of the digital world. In India, with Article 19(1)(a) of the Constitution guaranteeing the freedom of speech, the courts bear the critical responsibility of protecting this liberty while recognising the State's legitimate interests in restricting harmful or unlawful content on a digital scale. This adjudicatory dilemma is even trickier because the said right has been held by the Supreme Court not to be an absolute one and is subject to "reasonable restrictions" as in Article 19(2), which recognises restrictions in the interest of sovereignty, security, public order, decency, and morality.  Freedom of speech, being the cornerstone of democracy in India, does have an umbrella of reasonable restrictions under which the state can regulate any form of speech that infringes upon other equally compelling societal interests. However, with the coming of the internet and other digital communication arrangements, there was a need to develop new statutory instruments, i.e., Information Technology Act, 2000 (IT Act) and Rules made thereunder, including Information Technology (Intermediary Guidelines) and Digital Media Ethics Code Rules, 2021. These enactments attempt to regulate digital content, confronting issues such as hate speech, misinformation, and content that threatens public order. The judiciary's mandate is to interpret the enactments within the constitutional precincts, thus ensuring that the arbitrariness of State action is not aggravated or that the regulation is not overbroad. Judicial Landmark Decisions Affirming Balance The judiciary has played a front-ranking role in elaborating a jurisprudence protecting free speech in delineating legitimate regulation thereof. The Supreme Court judgment in Shreya Singhal v. Union of India, 2015, is seminal. Section 66A of the IT Act was struck down as it was vague and overly broad, causing a chilling effect on online speech. The Court has emphasised that any limitation on speech must be precise and fall strictly within the parameters laid down in Article 19(2). While the Court recognises that harmful online content needs to be addressed, the remedy must not encroach upon free political debate, satire, and criticism vital for democracy. 

Following this, the Anuradha Bhasin case clarified the convergence of free speech and online access. The court held that the right to free speech had a vital medium in the form of the internet and that it would have to be an inevitable, proportionate shutdown, and transparent for challenge before the judiciary for any shutdown of the internet. This reaffirmed that restrictions on online speech must be rigorously tested.

Subsequent cases involve limitations on the 2021 IT Rules, whereby such government bodies can demand that “fake” or “misleading” material be taken off the internet. Courts move with circumspection, recognising the government's interest in fighting bogus information but remaining vigilant against over-regulation that can be code for pre-emptive censorship and threatening healthy discourses. 

The virtual world raises particular and deeper questions: the viral nature of online speech multiplies its impact, distributing both democratic ideas and abusive material instantaneously. The courts recognise this twinning. While pressurising the legislature and executive to formulate clearer, more precise rules, courts simultaneously act as constitutional Guardians, avoiding breaches of the right with executive excess or vague laws. There is a strain between judicial activism, which promotes constitutional rights aggressively, and the fear of judicial paternalism, courts overreaching into policy arenas. But there is a need for vigilance by the judiciary due to the rapidly changing nature of digital technologies and threats to the freedoms of democracy. The judiciary continues to give contours to free speech and online regulation. There are enforcement issues, such as ongoing abuse of struck-down provisions, such as Section 66A, that the court counters with reaffirmation of constitutional directives. The evolving jurisprudence balances on thin stilts, upholding the democratic spirit of India by securing speech on online spaces and sanctioning reasonable, transparent moderation of harmful speech.

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Conclusion
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The Indian judiciary's leadership in balancing online content regulation with the freedom of speech is central and refined. The courts continually emphasise that speech on the digital medium is highly constitutionally protected and that restrictions must be legally valid, specific, essential, and proportionate. By classical decisions and constant review of new regulating actions, courts safeguard democratic participation in the digital public domain from unmeritorious censorship. Concurrently, the courts recognize the responsibility of the state in regulating digital ills such as mis recipe and hate speech, demanding parameters that uphold constitutional freedoms and the due process. The balancing act of the judiciary continues to be fundamental in defining India's digital democracy so that free speech can thrive even as the state upholds public order and human dignity in the digital communication age.

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2025 is knocking firmly at our door and we have promises to make and resolutions to keep. Time you make your list for the New Year and check it twice.

• Lifestyle targets 🡪 Check
• Family targets 🡪 Check
• Social targets 🡪 Check

Umm, so far so good, but what about your cybersecurity targets for the year? Hey, you look confused and concerned. Wait a minute, you do not have one, do you?

I get it. Though the digital world still puzzles, and sometimes outright scares us, we still are not in the ‘Take-Charge-Of-Your-Digital-Safety Mode. We prefer to depend on whatever software security we are using and keep our fingers crossed that the bad guys (read threat actors) do not find us.

Let me illustrate why cybersecurity should be one of your top priorities. You know that stress is a major threat to our continued good health, right? However, if your devices, social media accounts, office e-mail or network, or God forbid, bank accounts become compromised, would that not cause stress? Think about it and the probable repercussions and you will comprehend why I am harping on prioritising security.

Fret not. We will keep it brief as we well know you have 101 things to do in the next few days leading up to 01/01/2025. Just add cyber health to the list and put in motion the following:

• Install and activate comprehensive security software on ALL internet-enabled devices you have at home. Yes, including your smartphones.
• Set yourself a date to change and create separate unique passwords for all accounts. Or use the password manager that comes with all reputed security software to make life simpler.
• Keep home Wi-Fi turned off at night
• Do not set social media accounts to auto-download photos/documents
• Activate parental controls on all the devices used by your children to monitor and mentor them. But keep them apprised.
• Do not blindly trust anyone or anything online – this includes videos, speeches, emails, voice calls, and video calls. Be aware of fakes.
• Be aware of the latest threats and talk about unsafe cyber practices and behaviour often at home.

Short and sweet, as promised.

We will be back, with more tips, and answers to your queries. Drop us a line anytime, and we will be happy to resolve your doubts.

Ciao!

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