Spy Loan Scam: Legal Sanctions and Victims Accountability

Introduction 

The pervasive issue of misinformation in India is a multifaceted challenge with profound implications for democratic processes, public awareness, and social harmony. The Election Commission of India (ECI) has taken measures to counter misinformation during the 2024 elections. ECI has launched campaigns to educate people and urge them to verify election-related content and share responsibly on social media. In response to the proliferation of fake news and misinformation online, the ECI has introduced initiatives such as ‘Myth vs. Reality’ and  'VerifyBeforeYouAmplify' to clear the air around fake news being spread on social media. EC measures aim to ensure that the spread of misinformation is curbed, especially during election time, when voters consume a lot of information from social media. It is of the utmost importance that voters take in facts and reliable information and avoid any manipulative or fake information that can negatively impact the election process. 

EC Collaboration with Tech Platforms

In this new age of technology, the Internet and social media continue to witness a surge in the spread of misinformation, disinformation, synthetic media content, and deepfake videos. This has rightly raised serious concerns. The responsible use of social media is instrumental in maintaining the accuracy of information and curbing misinformation incidents. 

The ECI has collaborated with Google to empower the citizenry by making it easy to find critical voting information on Google Search and YouTube. In this way, Google supports the 2024 Indian General Election by providing high-quality information to voters, safeguarding platforms from abuse, and helping people navigate AI-generated content. The company connects voters to helpful information through product features that show data from trusted organisations across its portfolio. YouTube showcases election information panels, including how to register to vote, how to vote, and candidate information. YouTube's recommendation system prominently features content from authority sources on the homepage, in search results, and in the "Up Next" panel. YouTube highlights high-quality content from authoritative news sources during key moments through its Top News and Breaking News shelves, as well as the news watch page. 

Google has also implemented strict policies and restrictions regarding who can run election-related advertising campaigns on its platforms. They require all advertisers who wish to run election ads to undergo an identity verification process, provide a pre-certificate issued by the ECI or anyone authorised by the ECI for each election ad they want to run where necessary, and have in-ad disclosures that clearly show who paid for the ad. Additionally, they have long-standing ad policies that prohibit ads from promoting demonstrably false claims that could undermine trust or participation in elections.

CyberPeace Countering Misinformation

CyberPeace Foundation, a leading organisation in the field of cybersecurity works to promote digital peace for all. CyberPeace is working on the wider ecosystem to counter misinformation and develop a safer and more responsible Internet. CyberPeace has collaborated with Google.org to run a pan-India awareness-building program and comprehensive multilingual digital resource hub with content available in up to 15 Indian languages to empower over 40 million netizens in building resilience against misinformation and practising responsible online behaviour. This step is crucial in creating a strong foundation for a trustworthy  Internet and secure digital landscape.  

Myth vs Reality Register by ECI

The Election Commission of India (ECI) has launched the 'Myth vs Reality Register' to combat misinformation and ensure the integrity of the electoral process during the general elections 2024. The 'Myth vs Reality Register' can be accessed through the Election Commission's official website (https://mythvsreality.eci.gov.in/). All stakeholders are urged to verify and corroborate any dubious information they receive through any channel with the information provided in the register. The register provides a one-stop platform for credible and authenticated election-related information, with the factual matrix regularly updated to include the latest busted fakes and fresh FAQs. The ECI has identified misinformation as one of the challenges, along with money, muscle, and Model Code of Conduct violations, for electoral integrity. The platform can be used to verify information, prevent the spread of misinformation, debunk myths, and stay informed about key issues during the General Elections 2024.

The ECI has taken proactive steps to combat the challenge of misinformation which could cripple the democratic process. EC has issued directives urging vigilance and responsibility from all stakeholders, including political parties, to verify information before amplifying it. The EC has also urged responsible behaviour on social media platforms and discourse that inspires unity rather than division. The commission has stated that originators of false information will face severe consequences, and nodal officers across states will remove unlawful content. Parties are encouraged to engage in issue-based campaigning and refrain from disseminating unverified or misleading advertisements.

Conclusion

The steps taken by the ECI have been designed to empower citizens and help them affirm the accuracy and authenticity of content before amplifying it. All citizens must be well-educated about the entire election process in India. This includes information on how the electoral rolls are made, how candidates are monitored, a complete database of candidates and candidate backgrounds, party manifestos, etc. For informed decision-making, active reading and seeking information from authentic sources is imperative. The partnership between government agencies, tech platforms and civil societies helps develop strategies to counter the widespread misinformation and promote online safety in general, and electoral integrity in particular. 

References 

• https://pib.gov.in/PressReleasePage.aspx?PRID=2017375

• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2016941#:~:text=To%20combat%20the%20spread%20of,the%20ongoing%20General%20Elections%202024
• https://www.business-standard.com/elections/lok-sabha-election/ls-elections-2024-ec-uses-social-media-to-nudge-electors-to-vote-124040700429_1.html
• https://blog.google/intl/en-in/company-news/outreach-initiatives/supporting-the-2024-indian-general-election/
• https://blog.google/intl/en-in/partnering-indias-success-in-a-new-digital-paradigm/

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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]

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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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