#FactCheck - Fake Video Uses AI Voice to Falsely Attribute Remarks on Prasidh Krishna to Virat Kohli

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

As India moves full steam ahead towards a trillion-dollar digital economy, how user data is gathered, processed and safeguarded is under the spotlight. One of the most pervasive but least known technologies used to gather user data is the cookie. Cookies are inserted into every website and application to improve functionality, measure usage and customize content. But they also present enormous privacy threats, particularly when used without explicit user approval. 

In 2023, India passed the Digital Personal Data Protection Act (DPDP) to give strong legal protection to data privacy. Though the act does not refer to cookies by name, its language leaves no doubt as to the inclusion of any technology that gathers or processes personal information and thus cookies regulation is at the centre of digital compliance in India. This blog covers what cookies are, how international legislation, such as the GDPR, has addressed them and how India's DPDP will regulate their use.

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What Are Cookies and Why Do They Matter?

Cookies are simply small pieces of data that a website stores in the browser. They were originally designed to help websites remember useful information about users, such as your login session or what is in your shopping cart. Netscape initially built them in 1994 to make web surfing more efficient. 

Cookies exist in various types. Session cookies are volatile and are deleted when the browser is shut down, whereas persistent cookies are stored on the device to monitor users over a period of time. First-party cookies are made by the site one is visiting, while third-party cookies are from other domains, usually utilised for advertisements or analytics. Special cookies, such as secure cookies, zombie cookies and tracking cookies, differ in intent and danger. They gather information such as IP addresses, device IDs and browsing history information associated with a person, thus making it personal data per the majority of data protection regulations.

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A Brief Overview of the GDPR and Cookie Policy

The GDPR regulates how personal data can be processed in general. However, if a cookie collects personal data (like IP addresses or identifiers that can track a person), then GDPR applies as well, because it sets the rules on how that personal data may be processed, what lawful bases are required, and what rights the user has.

The ePrivacy Directive (also called the “Cookie Law”) specifically regulates how cookies and similar technologies can be used. Article 5(3) of the ePrivacy Directive says that storing or accessing information (such as cookies) on a user’s device requires prior, informed consent, unless the cookie is strictly necessary for providing the service requested by the user.

In the seminal Planet49 decision, the Court of Justice of the European Union held that pre-ticked boxes do not represent valid consent. Another prominent enforcement saw Amazon fined €35 million by France's CNIL for using tracking cookies without user consent.

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Cookies and India’s Digital Personal Data Protection Act (DPDP), 2023

India's Digital Personal Data Protection Act, 2023 does not refer to cookies specifically but its provisions necessarily come into play when cookies harvest personal data like user activity, IP addresses, or device data. According to DPDP, personal data is to be processed for legitimate purposes with the individual's consent. The consent has to be free, informed, clear and unambiguous. The individuals have to be informed of what data is collected, how it will be processed.. The Act also forbids behavioural monitoring and targeted advertising in the case of children.

The Ministry of Electronics and IT released the Business Requirements Document for Consent Management Systems (BRDCMS) in June 2025. Although it is not binding by law, it provides operational advice on cookie consent. It recommends that websites use cookie banners with "Accept," "Reject," and "Customize" choices. Users must be able to withdraw or change their consent at any moment. Multi-language handling and automatic expiry of cookie preferences are also suggested to suit accessibility and privacy requirements.

The DPDP Act and the BRDCMS together create a robust user-rights model, even in the absence of a special cookie law.

What Should Indian Websites Do?

For the purposes of staying compliant, Indian websites and online platforms need to act promptly to harmonise their use of cookies with DPDP principles. This begins with a transparent and simple cookie banner providing users with an opportunity to accept or decline non-essential cookies. Consent needs to be meaningful; coercive tactics such as cookie walls must not be employed. Websites need to classify cookies (e.g., necessary, analytics and ads) and describe each category's function in plain terms under the privacy policy. Users must be given the option to modify cookie settings anytime using a Consent Management Platform (CMP). Monitoring children or their behavioural information must be strictly off-limits.

These are not only about being compliant with the law, they're about adhering to ethical data stewardship and user trust building.

What Should Users Do?

Cookies need to be understood and controlled by users to maintain online personal privacy. Begin by reading cookie notices thoroughly and declining unnecessary cookies, particularly those associated with tracking or advertising. The majority of browsers today support blocking third-party cookies altogether or deleting them periodically.

It is also recommended to check and modify privacy settings on websites and mobile applications. It is possible to minimise surveillance with the use of browser add-ons such as ad blockers or privacy extensions. Users are also recommended not to blindly accept "accept all" in cookie notices and instead choose "customise" or "reject" where not necessary for their use.

Finally, keeping abreast of data rights under Indian law, such as the right to withdraw consent or to have data deleted, will enable people to reclaim control over their online presence.

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Conclusion

Cookies are a fundamental component of the modern web, but they raise significant concerns about individual privacy. India's DPDP Act, 2023, though not explicitly referring to cookies, contains an effective legal framework that regulates any data collection activity involving personal data, including those facilitated by cookies.

As India continues to make progress towards comprehensive rulemaking and regulation, companies need to implement privacy-first practices today. And so must the users, in an active role in their own digital lives. Collectively, compliance, transparency and awareness can build a more secure and ethical internet ecosystem where privacy is prioritised by design.

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References

• https://prsindia.org/billtrack/digital-personal-data-protection-bill-2023
• https://gdpr-info.eu/
• https://d38ibwa0xdgwxx.cloudfront.net/create-edition/7c2e2271-6ddd-4161-a46c-c53b8609c09d.pdf
• https://oag.ca.gov/privacy/ccpa
• https://www.barandbench.com/columns/cookie-management-under-the-digital-personal-data-protection-act-2023#:~:text=The%20Business%20Requirements%20Document%20for,the%20DPDP%20Act%20and%20Rules.
• https://samistilegal.in/cookies-meaning-legal-regulations-and-implications/#
• https://secureprivacy.ai/blog/india-digital-personal-data-protection-act-dpdpa-cookie-consent-requirements
• https://law.asia/cookie-use-india/‍
• https://www.cookielawinfo.com/major-gdpr-fines-2020-2021/#:~:text=4.,French%20websites%20could%20refuse%20cookies.

Introduction‍

Netizens across the globe have been enjoying the fruits of technological advancements in the digital century. Our personal and professional life has been impacted deeply by the new technologies. The previous year we saw an exponential rise in blockchain integration and the applications of Web 3.0. There is no denying that the Covid-19 pandemic caused a rapid rise in technology and internet penetration all across the globe, bringing the world closer with respect to connectivity and the exchange of ideas and knowledge. Tech advancements have definitely made our lives easier, but the same has also opened the doors to various vulnerabilities and new potential threats. As cyberspace expands, so do the vulnerabilities associated with it, and it is critical we take note of such issues and create safeguards to the extent that such incidents are prevented before they occur. We need to create sustainable and secure cyberspace for future generations.MetaVerse in 2023The metaverse was introduced by Facebook (now Meta) in 2021 as a peak into the future of cyberspace. Since then, tech developers have been working towards arming the metaverse with extraordinary innovations and applications. Netizens came across news like someone bought a house or a plot in the metaverse, someone bought a car in the metaverse, and so on, these news were taken to be the evidence of the netizen’s transition towards the new digital age as we have seen in sci-fi movies. But today this type of news has become history and the metaverse is expanding faster than ever. Let us look at the latest developments and trends in the metaverse-

• Avatar creation - The avatar creation in the metaverse will be a pivotal move as the avatars will represent the user, and essentially it will be the digital, version of the user and will be similar to the user's personal and physical traits to maintain realism in the metaverse.
• Architecture firms - Metaverse has its own set of architects who will be working towards creating your dream home or pro[erty in the metaverse, the heavy code-based services are now being sold just as if they were in the physical space.
• Mining - The metaverse already has companies who are mining gold, silver, petroleum, and other resources for the avatars in the metaverse, for instance, if someone has bought a car in the metaverse, it will still need fuel to run.
• Security firms - These firms are the first line of defenders in the metaverse as they provide tech-based solutions and protocols to secure one’s avatar and belongings in the metaverse.
• Metaverse Police - Interpol, along with its global partner organization has created the metaverse police, who will be working towards creating a safe cyber ecosystem by maintaining compliance with digital laws and ethics.

Advancements beyond metaverse in 2023

‍Technology continues to be a critical force for change in the world. Technology breakthroughs give enterprises more possibilities to lift their productivity and invent offerings. And while it remains difficult to forecast how technology trends will play out, business leaders can plan ahead better by watching the development of new technologies, anticipating how companies could utilize them, and understanding the factors that impact innovation and adoption.

• Applied observability

It advances the practice of pattern recognition. To foresee and identify abnormalities and offer solutions, one must have the capacity to delve deeply into complicated systems and a stream of data. Data fuels this aspect of tech growth in the future.

• Digital Immune System

To ensure that all major systems operate round-the-clock to deliver uninterrupted services, Digital Immune System will combine observability, AI-augmented testing, chaos engineering, site reliability engineering (SRE), and software supply chain security. This will take the efficiency of the systems to a new level.

• Super apps

These represent the upcoming shift in application usage, design, and development, where consumers will utilise a single app to manage most systems in an enterprise ecosystem. Over 50% of the world’s population will utilise super apps on a daily basis to fulfill their daily personal and professional needs.

• AR/VR and BlockChain technology

A combination of better interconnected, safe, and immersive virtual environments where people and businesses may recreate real-life scenarios will be created by combining AR/VR, AI/ML, IoT, and Blockchain, thus creating a new vertical of innovation with keen technologies of Web 3.0.

• AAI

The next level of AI, i.e., Advanced Artificial Intelligence (AI), will revolutionise machine learning, pattern recognition, and computing. It aims to fully automate processes without requiring any manual input, thus eradicating the issues of human error and bad actor influence completely.

• Corporate Metaverse

Aside from its power as a marketing tool, the metaverse promises to provide platforms, tools, and entire virtual worlds where business can be done remotely, efficiently, and intelligently. We can expect to see the metaverse concept merge with the idea of the “digital twin” – virtual simulations of real-world products, processes, or operations that can be used to test and prototype new ideas in the safe environment of the digital domain. From wind farms to Formula 1 cars, designers are recreating physical objects inside virtual worlds where their efficiency can be stress-tested under any conceivable condition without the resource costs that would be incurred by testing them in the physical world.ConclusionIn 2023, we will see more advanced use cases for technology such as motion capture, which will mean that as well as looking and sounding more like us, our avatars will adopt our own unique gestures and body language. We may even start to see further developments in the fields of autonomous avatars – meaning they won't be under our direct control but will be enabled by AI to act as our representatives in the digital world while we ourselves get on with other, completely unrelated tasks. As we go deeper into cyberspace, we need to remember the basic safety practices and inculcate them with respect to cyberspace and work towards creating string policies and legislations to safeguard the digital rights and duties of the netizen to create a wholesome and interdependent cyber ecosystem.

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