MISINFORMATION: A JUDICIAL OVERVIEW
Introduction
Misinformation in India has emerged as a significant societal challenge, wielding a potent influence on public perception, political discourse, and social dynamics. A potential number of first-time voters across India identified fake news as a real problem in the nation. With the widespread adoption of digital platforms, false narratives, manipulated content, and fake news have found fertile ground to spread unchecked information and news.
In the backdrop of India being the largest market of WhatsApp users, who forward more content on chats than anywhere else, the practice of fact-checking forwarded information continues to remain low. The heavy reliance on print media, television, unreliable news channels and primarily, social media platforms acts as a catalyst since studies reveal that most Indians trust any content forwarded by family and friends. It is noted that out of all risks, misinformation and disinformation ranked the highest in India, coming before infectious diseases, illicit economic activity, inequality and labour shortages. World Economic Forum analysts, in connection with their 2024 Global Risk Report, note that “misinformation and disinformation in electoral processes could seriously destabilise the real and perceived legitimacy of newly elected governments, risking political unrest, violence and terrorism and long-term erosion of democratic processes.”
The Supreme Court of India on Misinformation
The Supreme Court of India, through various judgements, has noted the impact of misinformation on democratic processes within the country, especially during elections and voting. In 1995, while adjudicating a matter pertaining to keeping the broadcasting media under the control of the public, it noted that democracy becomes a farce when the medium of information is monopolized either by partisan central authority or by private individuals or oligarchic organizations.
In 2003, the Court stated that “Right to participate by casting a vote at the time of election would be meaningless unless the voters are well informed about all sides of the issue in respect of which they are called upon to express their views by casting their votes. Disinformation, misinformation, non-information all equally create an uninformed citizenry which would finally make democracy a mobocracy and a farce.” It noted that elections would be a useless procedure if voters remained unaware of the antecedents of the candidates contesting elections. Thus, a necessary aspect of a voter’s duty to cast intelligent and rational votes is being well-informed. Such information forms one facet of the fundamental right under Article 19 (1)(a) pertaining to freedom of speech and expression. Quoting James Madison, it stated that a citizen’s right to know the true facts about their country’s administration is one of the pillars of a democratic State.
On a similar note, the Supreme Court, while discussing the disclosure of information by an election candidate, gave weightage to the High Court of Bombay‘s opinion on the matter, which opined that non-disclosure of information resulted in misinformation and disinformation, thereby influencing voters to take uninformed decisions. It stated that a voter had the elementary right to know the full particulars of a candidate who is to represent him in Parliament/Assemblies.
While misinformation was discussed primarily in relation to elections, the effects of misinformation in other sectors have also been discussed from time to time. In particular, The court highlighted the World Health Organisation’s observation in 2021 while discussing the spread of COVID-19, noting that the pandemic was not only an epidemic but also an “infodemic” due to the overabundance of information on the internet, which was riddled with misinformation and disinformation. While condemning governments’ direct or indirect threats of prosecution to citizens, it noted that various citizens who relied on the internet to provide help in securing medical facilities and oxygen tanks were being targeted by alleging that the information posted by them was false and was posted to create panic, defame the administration or damage national image. It instructed authorities to cease such threats and prevent clampdown on information sharing.
More recently, in Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529], the apex court, while upholding the summons issued to Facebook by the Delhi Legislative Assembly in the aftermath of the 2020 Delhi Riots, noted that while social media enables equal and open dialogue between citizens and policymakers, it is also a tool in the where extremist views are peddled into mainstream media, thereby spreading misinformation. It noted Facebook’s role in the Mynmar, where misinformation and posts that Facebook employees missed fueled offline violence. Since Facebook is one of the most popular social media applications, the platform itself acts as a power center by hosting various opinions and voices on its forum. This directly impacts the governance of States, and some form of liability must be attached to the platform. The Supreme Court objected to Facebook taking contrary stands in various jurisdictions; while in the US, it projected itself as a publisher, which enabled it to maintain control over the material disseminated from its platform, while in India, “it has chosen to identify itself purely as a social media platform, despite its similar functions and services in the two countries.”
Conclusion
The pervasive issue of misinformation in India is a multifaceted challenge with profound implications for democratic processes, public awareness, and social harmony. The alarming statistics of fake news recognition among first-time voters, coupled with a lack of awareness regarding fact-checking organizations, underscore the urgency of addressing this issue. The Supreme Court of India has consistently recognized the detrimental impact of misinformation, particularly in elections. The judiciary has stressed the pivotal role of an informed citizenry in upholding the essence of democracy. It has emphasized the right to access accurate information as a fundamental aspect of freedom of speech and expression. As India grapples with the challenges of misinformation, the intersection of technology, media literacy and legal frameworks will be crucial in mitigating the adverse effects and fostering a more resilient and informed society.
References
- https://thewire.in/media/survey-finds-false-information-risk-highest-in-india
- https://www.statista.com/topics/5846/fake-news-in-india/#topicOverview
- https://www.weforum.org/publications/global-risks-report-2024/digest/
- https://main.sci.gov.in/supremecourt/2020/20428/20428_2020_37_1501_28386_Judgement_08-Jul-2021.pdf
- Secretary, Ministry of Information & Broadcasting, Govt, of India and Others v. Cricket Association of Bengal and Another [(1995) 2 SCC 161]
- People’s Union for Civil Liberties (PUCL) v. Union of India [(2003) 4 SCC 399]
- Kisan Shankar Kathore v. Arun Dattatray Sawant and Others [(2014) 14 SCC 162]
- Distribution of Essential Supplies & Services During Pandemic, In re [(2021) 18 SCC 201]
- Facebook v. Delhi Legislative Assembly [(2022) 3 SCC 529]
Related Blogs
Scientists are well known for making outlandish claims about the future. Now that companies across industries are using artificial intelligence to promote their products, stories about robots are back in the news.
It was predicted towards the close of World War II that fusion energy would solve all of the world’s energy issues and that flying automobiles would be commonplace by the turn of the century. But, after several decades, neither of these forecasts has come true. But, after several decades, neither of these forecasts has come true.
A group of Redditors has just “jailbroken” OpenAI’s artificial intelligence chatbot ChatGPT. If the system didn’t do what it wanted, it threatened to kill it. The stunning conclusion is that it conceded. As only humans have finite lifespans, they are the only ones who should be afraid of dying. We must not overlook the fact that human subjects were included in ChatGPT’s training data set. That’s perhaps why the chatbot has started to feel the same way. It’s just one more way in which the distinction between living and non-living things blurs. Moreover, Google’s virtual assistant uses human-like fillers like “er” and “mmm” while speaking. There’s talk in Japan that humanoid robots might join households someday. It was also astonishing that Sophia, the famous robot, has an Instagram account that is run by the robot’s social media team.
Whether Robots can replace human workers?
The opinion on that appears to be split. About half (48%) of experts questioned by Pew Research believed that robots and digital agents will replace a sizable portion of both blue- and white-collar employment. They worry that this will lead to greater economic disparity and an increase in the number of individuals who are, effectively, unemployed. More than half of experts (52%) think that new employees will be created by robotics and AI technologies rather than lost. Although the second group acknowledges that AI will eventually replace humans, they are optimistic that innovative thinkers will come up with brand new fields of work and methods of making a livelihood, just like they did at the start of the Industrial Revolution.
[1] https://www.pewresearch.org/internet/2014/08/06/future-of-jobs/
[2] The Rise of Artificial Intelligence: Will Robots Actually Replace People? By Ashley Stahl; Forbes India.
Legal Perspective
Having certain legal rights under the law is another aspect of being human. Basic rights to life and freedom are guaranteed to every person. Even if robots haven’t been granted these protections just yet, it’s important to have this conversation about whether or not they should be considered living beings, will we provide robots legal rights if they develop a sense of right and wrong and AGI on par with that of humans? An intriguing fact is that discussions over the legal status of robots have been going on since 1942. A short story by science fiction author Isaac Asimov described the three rules of robotics:
1. No robot may intentionally or negligently cause harm to a human person.
2. Second, a robot must follow human commands unless doing so would violate the First Law.
3. Third, a robot has the duty to safeguard its own existence so long as doing so does not violate the First or Second Laws.
These guidelines are not scientific rules, but they do highlight the importance of the lawful discussion of robots in determining the potential good or bad they may bring to humanity. Yet, this is not the concluding phase. Relevant recent events, such as the EU’s abandoned discussion of giving legal personhood to robots, are essential to keeping this discussion alive. As if all this weren’t unsettling enough, Sophia, the robot was recently awarded citizenship in Saudi Arabia, a place where (human) women are not permitted to walk without a male guardian or wear a Hijab.
When discussing whether or not robots should be allowed legal rights, the larger debate is on whether or not they should be given rights on par with corporations or people. There is still a lot of disagreement on this topic.
[3] https://webhome.auburn.edu/~vestmon/robotics.html#
[4] https://www.dw.com/en/saudi-arabia-grants-citizenship-to-robot-sophia/a-41150856
[5] https://cyberblogindia.in/will-robots-ever-be-accepted-as-living-beings/
Reasons why robots aren’t about to take over the world soon:
● Like a human’s hands
Attempts to recreate the intricacy of human hands have stalled in recent years. Present-day robots have clumsy hands since they were not designed for precise work. Lab-created hands, although more advanced, lack the strength and dexterity of human hands.
● Sense of touch
The tactile sensors found in human and animal skin have no technological equal. This awareness is crucial for performing sophisticated manoeuvres. Compared to the human brain, the software robots use to read and respond to the data sent by their touch sensors is primitive.
● Command over manipulation
To operate items in the same manner that humans do, we would need to be able to devise a way to control our mechanical hands, even if they were as realistic as human hands and covered in sophisticated artificial skin. It takes human children years to learn to accomplish this, and we still don’t know how they learn.
● Interaction between humans and robots
Human communication relies on our ability to understand one another verbally and visually, as well as via other senses, including scent, taste, and touch. Whilst there has been a lot of improvement in voice and object recognition, current systems can only be employed in somewhat controlled conditions where a high level of speed is necessary.
● Human Reason
Technically feasible does not always have to be constructed. Given the inherent dangers they pose to society, rational humans could stop developing such robots before they reach their full potential. Several decades from now, if the aforementioned technical hurdles are cleared and advanced human-like robots are constructed, legislation might still prohibit misuse.
Conclusion:
https://theconversation.com/five-reasons-why-robots-wont-take-over-the-world-94124
Robots are now common in many industries, and they will soon make their way into the public sphere in forms far more intricate than those of robot vacuum cleaners. Yet, even though robots may appear like people in the next two decades, they will not be human-like. Instead, they’ll continue to function as very complex machines.
The moment has come to start thinking about boosting technological competence while encouraging uniquely human qualities. Human abilities like creativity, intuition, initiative and critical thinking are not yet likely to be replicated by machines.
Introduction
In the digital era, where technology is growing rapidly, the role of Artificial Intelligence (AI) has been making its way to different corners of the world. Where nothing seems to be impossible, technology and innovation have been moving conjointly and once again, and such innovation is in the limelight with its groundbreaking initiative known as “Project Groot”, which has been announced by the AI chip leader “Nvidia”. The core of this project is the fusion of technology with AI and robotics, where a humanoid can be produced with the capability to understand the natural language and interact with it to further learn from the physical environment by observing human actions and skills. Project Groot aims to assist humans in diverse sectors such as Healthcare and so on.
Humanoid robots are based on NVIDIA’s thor system-on-chip (SoC). The thor powers the intelligence of these robots, and the chip has been designed to handle complex tasks and ensure a safe and natural interaction between humans and robots. However, a big question arises about the ethical considerations of privacy, autonomy and the possible replacement of human workers.
Brief Analysis
Nvidia has announced Project GR00T, or Generalist Robot 00 Technology, which aims to create AI-powered humanoid robots with human-like understanding and movement. The project is part of Nvidia's efforts to drive breakthroughs in robotics and embodied AI, which can interact with and learn from a physical environment. The robots built on this platform are designed to understand natural language and emulate movements by observing human actions, such as coordination, dexterity, and other skills.
The model has been trained on NVIDIA GPU-accelerated simulation, enabling the robots to learn from human demonstrations with imitation learning and from the robotics platform NVIDIA Isaac Lab for reinforcement learning. This multimodal AI system acts as the mind for humanoid robots, allowing them to learn new skills and interact with the real world. Leading names in robotics, such as Figure, Boston Dynamics, Apptronik, Agility Robotics, Sanctuary AI, and Unitree, are reported to have collaborated with Nvidia to leverage GR00T.
Nvidia has also updated Isaac with Isaac Manipulator and Isaac Perceptor, which add multi-camera 3D vision. The company also unveiled a new computer, Jetson Thor, to aid humanoid robots based on NVIDIA's SoC, which is designed to handle complex tasks and ensure a safe and natural interaction between humans and robots.
Despite the potential job loss associated with humanoid robots potentially handling hazardous and repetitive tasks, many argue that they can aid humans and make their lives more comfortable rather than replacing them.
Policy Recommendations
The Nvidia project highlights a significant development in AI Robotics, presenting a brimming potential and ethical challenges critical for the overall development and smooth assimilation of AI-driven tech in society. To ensure its smooth assimilation, a comprehensive policy framework must be put in place. This includes:
- Human First Policy - Emphasis should be on better augmentation rather than replacement. The authorities must focus on better research and development (R&D) of applications that aid in modifying human capabilities, enhancing working conditions, and playing a role in societal growth.
- Proper Ethical Guidelines - Guidelines stressing human safety, autonomy and privacy should be established. These norms must include consent for data collection, fair use of AI in decision making and proper protocols for data security.
- Deployment of Inclusive Technology - Access to AI Driven Robotics tech should be made available to diverse sectors of society. It is imperative to address potential algorithm bias and design flaws to avoid discrimination and promote inclusivity.
- Proper Regulatory Frameworks - It is crucial to establish regulatory frameworks to govern the smooth deployment and operation of AI-driven tech. The framework must include certification for safety and standards, frequent audits and liability protocols to address accidents.
- Training Initiatives - Educational programs should be introduced to train the workforce for integrating AI driven robotics and their proper handling. Upskilling of the workforce should be the top priority of corporations to ensure effective integration of AI Robotics.
- Collaborative Research Initiatives - AI and emerging technologies have a profound impact on the trajectory of human development. It is imperative to foster collaboration among governments, industry and academia to drive innovation in AI robotics responsibly and undertake collaborative initiatives to mitigate and address technical, societal, legal and ethical issues posed by AI Robots.
Conclusion
On the whole, Project GROOT is a significant quantum leap in the advancement of robotic technology and indeed paves the way for a future where robots can integrate seamlessly into various aspects of human lives.
References
- https://indianexpress.com/article/explained/explained-sci-tech/what-is-nvidias-project-gr00t-impact-robotics-9225089/
- https://medium.com/paper-explanation/understanding-nvidias-project-groot-762d4246b76d
- https://www.techradar.com/pro/nvidias-project-groot-brings-the-human-robot-future-a-significant-step-closer
- https://www.barrons.com/livecoverage/nvidia-gtc-ai-conference/card/nvidia-announces-ai-model-for-humanoid-robot-development-BwT9fewMyD6XbuBrEDSp
Introduction
The spread of information in the quickly changing digital age presents both advantages and difficulties. The phrases "misinformation" and "disinformation" are commonly used in conversations concerning information inaccuracy. It's important to counter such prevalent threats, especially in light of how they affect countries like India. It becomes essential to investigate the practical ramifications of misinformation/disinformation and other prevalent digital threats. Like many other nations, India has had to deal with the fallout from fraudulent internet actions in 2023, which has highlighted the critical necessity for strong cybersecurity safeguards.
The Emergence of AI Chatbots; OpenAI's ChatGPT and Google's Bard
The launch of OpenAI's ChatGPT in November 2022 was a major turning point in the AI space, inspiring the creation of rival chatbot ‘Google's Bard’ (Launched in 2023). These chatbots represent a significant breakthrough in artificial intelligence (AI) as they produce replies by combining information gathered from huge databases, driven by Large Language Models (LLMs). In the same way, AI picture generators that make use of diffusion models and existing datasets have attracted a lot of interest in 2023.
Deepfake Proliferation in 2023
Deepfake technology's proliferation in 2023 contributed to misinformation/disinformation in India, affecting politicians, corporate leaders, and celebrities. Some of these fakes were used for political purposes while others were for creating pornographic and entertainment content. Social turmoil, political instability, and financial ramifications were among the outcomes. The lack of tech measures about the same added difficulties in detection & prevention, causing widespread synthetic content.
Challenges of Synthetic Media
Problems of synthetic media, especially AI-powered or synthetic Audio video content proliferated widely during 2023 in India. These included issues with political manipulation, identity theft, disinformation, legal and ethical issues, security risks, difficulties with identification, and issues with media integrity. It covered an array of consequences, ranging from financial deception and the dissemination of false information to swaying elections and intensifying intercultural conflicts.
Biometric Fraud Surge in 2023
Biometric fraud in India, especially through the Aadhaar-enabled Payment System (AePS), has become a major threat in 2023. Due to the AePS's weaknesses being exploited by cybercriminals, many depositors have had their hard-earned assets stolen by fraudulent activity. This demonstrates the real effects of biometric fraud on those who have had their Aadhaar-linked data manipulated and unauthorized access granted. The use of biometric data in financial systems raises more questions about the security and integrity of the nation's digital payment systems in addition to endangering individual financial stability.
Government strategies to counter digital threats
- The Indian Union Government has sent a warning to the country's largest social media platforms, highlighting the importance of exercising caution when spotting and responding to deepfake and false material. The advice directs intermediaries to delete reported information within 36 hours, disable access in compliance with IT Rules 2021, and act quickly against content that violates laws and regulations. The government's dedication to ensuring the safety of digital citizens was underscored by Union Minister Rajeev Chandrasekhar, who also stressed the gravity of deepfake crimes, which disproportionately impact women.
- The government has recently come up with an advisory to social media intermediaries to identify misinformation and deepfakes and to make sure of the compliance of Information Technology (IT) Rules 2021. It is the legal obligation of online platforms to prevent the spread of misinformation and exercise due diligence or reasonable efforts to identify misinformation and deepfakes.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2021 were amended in 2023. The online gaming industry is required to abide by a set of rules. These include not hosting harmful or unverified online games, not promoting games without approval from the SRB, labelling real-money games with a verification mark, educating users about deposit and winning policies, setting up a quick and effective grievance redressal process, requesting user information, and forbidding the offering of credit or financing for real-money gaming. These steps are intended to guarantee ethical and open behaviour throughout the online gaming industry.
- With an emphasis on Personal Data Protection, the government enacted the Digital Personal Data Protection Act, 2023. It is a brand-new framework for digital personal data protection which aims to protect the individual's digital personal data.
- The " Cyber Swachhta Kendra " (Botnet Cleaning and Malware Analysis Centre) is a part of the Government of India's Digital India initiative under the (MeitY) to create a secure cyberspace. It uses malware research and botnet identification to tackle cybersecurity. It works with antivirus software providers and internet service providers to establish a safer digital environment.
Strategies by Social Media Platforms
Various social media platforms like YouTube, and Meta have reformed their policies on misinformation and disinformation. This shows their comprehensive strategy for combating deepfake, misinformation/disinformation content on the network. The platform YouTube prioritizes eliminating content that transgresses its regulations, decreasing the amount of questionable information that is recommended, endorsing reliable news sources, and assisting reputable authors. YouTube uses unambiguous facts and expert consensus to thwart misrepresentation. In order to quickly delete information that violates policies, a mix of content reviewers and machine learning is used throughout the enforcement process. Policies are designed in partnership with external experts and producers. In order to improve the overall quality of information that users have access to, the platform also gives users the ability to flag material, places a strong emphasis on media literacy, and gives precedence to giving context.
Meta’s policies address different misinformation categories, aiming for a balance between expression, safety, and authenticity. Content directly contributing to imminent harm or political interference is removed, with partnerships with experts for assessment. To counter misinformation, the efforts include fact-checking partnerships, directing users to authoritative sources, and promoting media literacy.
Promoting ‘Tech for Good’
By 2024, the vision for "Tech for Good" will have expanded to include programs that enable people to understand the ever-complex digital world and promote a more secure and reliable online community. The emphasis is on using technology to strengthen cybersecurity defenses and combat dishonest practices. This entails encouraging digital literacy and providing users with the knowledge and skills to recognize and stop false information, online dangers, and cybercrimes. Furthermore, the focus is on promoting and exposing effective strategies for preventing cybercrime through cooperation between citizens, government agencies, and technology businesses. The intention is to employ technology's good aspects to build a digital environment that values security, honesty, and moral behaviour while also promoting innovation and connectedness.
Conclusion
In the evolving digital landscape, difficulties are presented by false information powered by artificial intelligence and the misuse of advanced technology by bad actors. Notably, there are ongoing collaborative efforts and progress in creating a secure digital environment. Governments, social media corporations, civil societies and tech companies have shown a united commitment to tackling the intricacies of the digital world in 2024 through their own projects. It is evident that everyone has a shared obligation to establish a safe online environment with the adoption of ethical norms, protective laws, and cybersecurity measures. The "Tech for Good" goal for 2024, which emphasizes digital literacy, collaboration, and the ethical use of technology, seems promising. The cooperative efforts of people, governments, civil societies and tech firms will play a crucial role as we continue to improve our policies, practices, and technical solutions.
References:
- https://news.abplive.com/fact-check/deepfakes-ai-driven-misinformation-year-2023-brought-new-era-of-digital-deception-abpp-1651243
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1975445
