Information Technology | SabrangIndia News Related to Human Rights Fri, 02 Feb 2024 06:54:17 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Information Technology | SabrangIndia 32 32 2023 Amendment to Broadcasting Rules are clear case of censorship nothing less: Justice GS Patel, Bombay HC https://sabrangindia.in/2023-amendment-to-broadcasting-rules-are-clear-case-of-censorship-nothing-less-justice-gs-patel-bombay-hc/ Thu, 01 Feb 2024 13:54:51 +0000 https://sabrangindia.in/?p=32801 In a 148 page judgement that categorically struck down the controversial amendments to the Rules, Justice Gautam S Patel of the Bombay High Court recognized the chilling effect of censorship that could prevail when the business intermediary is held accountable for anti-Central government content. The amendments amount to nothing but censorship of user content, states […]

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In a 148 page judgement that categorically struck down the controversial amendments to the Rules, Justice Gautam S Patel of the Bombay High Court recognized the chilling effect of censorship that could prevail when the business intermediary is held accountable for anti-Central government content. The amendments amount to nothing but censorship of user content, states the judgement. (Para 202)

On January 31, after a wait for almost four months, Justice Patel’s was one among a split judgment delivered in the petitions filed in the Bombay High Court against the 2023 amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. The amendment, which provide for setting up fact check units empowered to identify and tag what it considers false or fake online news for any activity of the Central government, had been challenged before the High Court by comedian Kunal Kamra and several others. Justice Neena Gokhale disagreed.

As the Patel judgement narrates at the outset, several petitioners (that included the Editors Guild of India and the National Broadcasters & Digital Association) apart from Kamra himself, different voices from different quarters, are united in their complaint about the Central Government’s 2023 amendment to a particular Rule under the Information Technology Act. This amendment, they all say, has just one purpose: to muzzle criticism and questioning of the Central Government as it goes about its ‘business’, to stifle dissent from what the Central Government puts out in regard to affairs of the state. 

“Through this amendment, the Central Government has anointed itself as the sole arbiter of what is or what is not ‘fake, false or misleading’. It, and it alone, will decide this, including the entirely ambiguous term ‘misleading’; and when it does, dare any ‘intermediary’ allow such information to continue to be hosted on a social media platform, that intermediary immediately risks losing statutory protection. The entire amendment is overbroad, vague and without controlling guidelines. It does not even provide for an opportunity for the propounder of any information to defend its correctness, and the government becomes a judge in its own cause (hence another dimension of violation of principles of natural justice).” (Para 2)

The findings are conclusions are delivered over nine pages. (Paras 202 – 2015).

Considering the effect of the impugned amendment, Justice Patel states that “What it does is to shift the responsibility for content accuracy from the creator or originator of the content to the service provider or intermediary, an entity that axiomatically has no control over the content at all. But an intermediary is the one that has safe harbour and, as a business entity, is regulated by the government in myriad ways. The impugned amendment makes the government’s chosen FCU the sole authority to decide what piece of user-content relating to the undefined and unknowable ‘business of the government’ is or is not fake, false or misleading. The lack of definition of these words: business of the government; fake; false; and misleading makes the amendment both vague and overbroad. Anything might be the business of government. Anything could be said to be ‘fake’. ‘Misleading’ is entirely subjective. And as to ‘truth’ and ‘falsity’, throughout recorded human history there are few, if any, absolute truths. “(Para 202).

“Perceptions, perspectives, possibilities, probabilities— all will to a greater or lesser extent colour what one chooses to believe or hold or chooses not to believe or hold. The assumption that there are absolute truths to even the business of government, even if we knew what that included and what it did not, is unsubstantiated.” (Para 202)

Most crucially, the judgement examines how exactly the envisaged ‘Fact Checking Unit’ under the ambit of the Central (Union) government will function.

“How the FCU will go about its business is also unknown. We are simply asked to trust it. This is not a question of trust, and especially not of distrust in any particular dispensation. It is simply a matter of setting the impugned Rule against the settled law and seeing whether it passes established Constitutional tests.(Para 203)

“By shifting responsibility for user content to the vulnerable segment, viz., the intermediary, the amendment of 2023 effectively allows the government, through its FCU, to be the final arbiter not just of what is or is fake, false or misleading; but, more importantly, of the right to place an opposing point of view. We have already seen examples, and they are not entirely hypothetical. The government routinely rebuts criticism. If, in addition, this is now dubbed fake, false or misleading (and there are no guidelines to suggest why it cannot), then criticism and debate are stifled. There is little achieved in saying that the guidelines will come later. There is no assurance of that either; and they should have been in place by now if there was such an intent.” (Para 204)

While recognizing the problem of deep fakes and similar challenges, the judgement observes that these are the very challenges that the nature of a 

“democratic republic with ensured freedoms: the cacophony of dissent and disagreement is the symphony of a democracy at work. The view of the FCU or the PIB that a particular piece of information relating to the business of the government is fake or false or misleading should not be allowed to be taken inviolate; most certainly, its publication cannot be subject to penalty and loss of immunity.” (Para 205) 

Who, after all checks the government asks the judgement,

“Who, after all, is to fact check the fact checker? Who is to say if the view of the FCU is fake, false or misleading? Quis custodiet ipsos custodes?” (Para 206)

The judgement goes on to elaborate how, the amendments to the rules under challenge seek to insidiously expand the restrictive aspects of Article 19 (2). Besides, they also fail to meet the test laid down by the Supreme Court in Shreya Singhal, 2007.

“Of equal concern is the attempt in the impugned amendment to impermissibly expand the remit of Article 19(2). This, as I have noted, is directly contrary to the government’s own stand before the Supreme Court in Kaushal Kishore, where it argued that Article 19(2) is exhaustive. I fail to see how the amendment is within the scope of Shreya Singhal either. To the contrary: it fails every test set out in that decision, especially for overbreadth and vagueness. The impugned amendment is ultra vires Article 19(1)(a), Article 19(2), Article 19(1)(g), Article 19(6), Article 14, violates the principles of natural justice and is also ultra vires Section 79 of the IT Act. (Para 207)

Clearly rooting for the protection of all fundamental rights, he holds,

 “As a general and perhaps even inflexible rule, I would suggest that every attempt to whittle down a fundamental right must be resisted root and branch. The slightest possibility of a fundamental right abridgment cannot be allowed to stand. Every attempt to limit any fundamental right must be demonstrably confined to its permissible limits within Articles 19(2) to 19(6). Everything else is illegitimate. For between the ‘abyss of unrestrained power’ and the ‘heaven of freedom’ lie these three Articles of our Constitution: Articles 14, 19 and 21. These are the famous words of YV Chandrachud CJI in Minerva Mills v Union of India & Ors. (Para 208)

“The submission on Article 14 and the invalid classification is, in my view, correctly placed. As I have noted, information relating to the business of the Central Government is a subset fully included in the 2022 amendment. There is no particular reason why information relating to the business of the Central Government should receive ‘high value’ speech recognition, more deserving of protection with a dedicated cell to identify that which is fake, false or misleading, as opposed to precisely such information about any individual or news agency. There is material, indicated above, about what is called the epistemic apocalypse. We have seen that other than point to instance of ‘fakery’, there is no material at all of any particular ‘public interest’ or ‘national interest’ peril — and these are not even within the permissible parameters of Article 19(2). Consequently, it follows that separating out the business of the Central Government for preferential treatment is class legislation, not a rational or permissible classification. I will accept that it is not open to intermediaries to disclaim all responsibility: no Petitioner has suggested that. Wholesale abandonment of all responsibility is irresponsible. But that only reinforces the point that all information deserves equal treatment. (Para 209)     

The issue of governmental overreach and vagueness raised by the Petitioners have been     upheld.

“The questions of over breadth and vagueness are indeed troubling. I do not believe it is any answer to suggest that, though we do not have it now, in the fullness of time the FCU will evolve some sort of working protocol, guidelines or yardsticks. These are being, in that self-applied to handpicked content and without any indication of the processes to be followed it is difficult to accept that the impugned Rules are sufficiently narrowly tailored. These issues are discussed in Shreya Singhal, and those findings apply with equal force here. (Para 210)

“Further, the lack of contemporaneous guidelines raise the other question, never fully answered. As I have noted, the entire argument of the Union has more or less proceeded on the basis that all users are individuals. But, as we have seen immediately, that is entirely incorrect. Users are also entities such as news outlets and journals. Not only do they have their own fact-checking systems, but they and their individual writers publish in print and online. The decisive test must surely be that if the material in print cannot be subjected to FCU checking and compelled deletion, there is no reason why, merely because the exact same material also appears online it is susceptible to unilateral determination of fakeness, falsity or being misleading.” (Para 211)

“I have not been able to accept the submission, perhaps implicitly suggested, that there has been no violation — in the form of censorship or unilateral takedown as yet — and therefore there is no call for interference; or that the assault is on ‘mere possibility of abuse’. It is not my reading of the law that petitions can only lie infringement by infringement. The entire discussion in Shreya Singhal on ‘the chilling effect’ militates against an acceptance of any such submission, for the finding of the Supreme Court is clearly directed towards the anticipated future impact of a rule. The very words ‘chilling effect’ suggest only this.” (Para 212)

 The judgement also rejects the incorrect contention that the government is somehow sole repository of determination that citizens get “correct information.”

“More importantly, this argument is founded on the entirely incorrect theory that the government is somehow parens patriae; it is duty bound to ensure that citizens receive only ‘correct information’ (or what the government considers correct information); that the reasonable reader is infantile and cannot decide for herself or himself; and so on to the end of the chapter. This is again circular, for it is posited on the assumption that government-related information is somehow special and deserving of extra protection. This sits at odds with the fact that the biggest megaphone and the loudest voice is that of the government: if there is one entity that does not need such protection, it is the government. It already has an ‘authentic’ voice; possibly, the most authentic voice. And it has so far been unafraid to use it.” (Para 213)

Finally, I believe it is unthinkable that any one entity — be it the government or anyone else — can unilaterally ‘identified’, (meaning picked out and decided) to be fake, false or misleading. That surely cannot be the sole preserve of the government. The argument that the government is ‘best placed’ to know the ‘truth’ about its affairs is equally true of every citizen and every entity. Paradoxically, complaints of a grievous nature (pornography, child abuse, intellectual property violations) can only be taken down only after following a grievance redressed procedure; yet anything relating to the business of the Central Government can be ‘identified’ as fake, false or misleading by the FCU — and cannot be hosted. (Para 214)

Having made these cogent arguments in the conclusions and at length before, finally, in Para 2015, Justice GS Patel strikes down the “2023 amendment to Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021” (Para 2015). The solicitor general of India (SGI) has assured the Court that no further steps of implementation would take place before the matter is finally heard, afresh, by a new bench.

The entire judgement may be read here.

 

Related: 

Judges differ on challenge against IT amendments of 2023, right to freedom of speech & expression hangs in balance

Serious flaws in the Digital Personal Data Protection Act

Registration of digital fact-checking sites with govt may be a part of the future Digital India Bill

GoI targeted Apple days after the Hi-tech cos notified journalists & opposition politicians of phone hacking: Washington Post Exclusive

India’s 2023 bad laws: Impact on Individual Freedoms and Indigenous Rights in a weaponised state

Broadcasting Bill adverse to freedom of speech & freedom of press: EGI

 

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Covid-19: Centre tells social media firms to remove ‘Indian variant’ references https://sabrangindia.in/covid-19-centre-tells-social-media-firms-remove-indian-variant-references/ Sat, 22 May 2021 13:05:57 +0000 http://localhost/sabrangv4/2021/05/22/covid-19-centre-tells-social-media-firms-remove-indian-variant-references/ Information technology (IT) ministry has written to all social media companies asking them to “take down” content referring to it

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Image Courtesy:thehindu.com

On May 11 the World Health Organisation had said the Coronavirus variant first identified in India in 2020 “was being classified as a variant of global concern.” According to the World Health organisation (WHO), this was based on preliminary studies that showed that it spreads more easily. Named B.1.617, it is reported to be “the fourth variant to be designated as being of global concern” and the other variants of global concern were first detected in Britain, South Africa and Brazil. On May 12, the government issued a statement slamming media reports that used the term “Indian Variant”. According to the government the WHO had classified the variant as just B.1.617 and not called it India Variant, as some news reports called it. 

Now, Reuters reports that the information technology (IT) ministry has written to all social media companies asking them to “take down” content that refers to “Indian variant”. According to news reports, the letter which has not been made public yet says, “This is completely FALSE. There is no such variant of Covid-19 scientifically cited as such by the World Health Organisation (WHO). WHO has not associated the term ‘Indian Variant’ with the B.1.617 variant of the coronavirus in any of its reports.”

https://ssl.gstatic.com/ui/v1/icons/mail/images/cleardot.gifReuters reported that according to “a senior Indian government source”, the letter is a “notice” that has been issued to send a “loud and clear” message that mentions of “Indian variant” are a form of “miscommunication” and that has “hurt the country’s image.” As is known, and was once again explained by Reuters, most references to Coronavirus variants are on the basis of where they are identified, for example there are “South Africa and Brazil” variants.

Related:

Indian coronavirus variant classified as one of global concern: WHO
Indians pay as Centre ignored warning of Covid-19 variants by experts
Covid-19: Scientists ask Modi gov’t to release data, increase genome sequencing
Covid-19: Triple mutation in West Bengal virus raises concern among experts

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Ethics Code for Social Media, rules for OTT platforms, online news https://sabrangindia.in/ethics-code-social-media-rules-ott-platforms-online-news/ Thu, 25 Feb 2021 13:24:39 +0000 http://localhost/sabrangv4/2021/02/25/ethics-code-social-media-rules-ott-platforms-online-news/ Provision for identification of first originator of information on messaging services

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Image Courtesy:entrackr.com

The Government of India has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021. The Ministry of Electronics and Information Technology (MEITy) issued a press release saying it had come up with these guidelines “amidst growing concerns around lack of transparency, accountability and rights of users related to digital media and after elaborate consultation with the public and stakeholders” and that the code has “been framed in exercise of powers under section 87 (2) of the Information Technology Act, 2000 and in supersession of the earlier Information Technology (Intermediary Guidelines) Rules 2011.”

Provisions for Social Media

When it comes to social media, MEITy says, “Social media platforms welcome to do business in India but they need to follow the Constitution and laws of India.” It further claims, “These Rules are a fine blend of liberal touch with gentle self-regulatory framework. It works on the existing laws and statues of the country which are applicable to content whether online or offline.”

But here’s where things get interesting. MEITy says, “Significant social media intermediaries providing services primarily in the nature of messaging shall enable identification of the first originator of the information that is required only for the purposes of prevention, detection, investigation, prosecution or punishment of an offence related to sovereignty and integrity of India, the security of the State, friendly relations with foreign States, or public order or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material punishable with imprisonment for a term of not less than five years.”

While the desire to combat virtual violence against women and children is no doubt noble, the same tools can be used to curb political opposition. The use of the terms “offence related to sovereignty and integrity of India” and “the security of the State” give the government wide berth to use this provision to scuttle dissent. This also virtually legitimises a form of backdoor surveillance on these grounds.

It also says, “An intermediary upon receiving actual knowledge in the form of an order by a court or being notified by the Appropriate Govt. or its agencies through authorized officer should not host or publish any information which is prohibited under any law in relation to the interest of the sovereignty and integrity of India, public order, friendly relations with foreign countries etc.” This again raises concerns about freedom of expression.

Digital and OTT platforms

Rules and guidelines of a primarily self-regulatory nature have been laid down for digital and OTT platforms, that also include online news providers. These will be monitored by the Ministry of Information and Broadcasting (MIB).

Rules mandate self-classification of content into age-based categories. Also, when it comes to news, “Publishers of news on digital media would be required to observe Norms of Journalistic Conduct of the Press Council of India and the Programme Code under the Cable Television Networks Regulation Act thereby providing a level playing field between the offline (Print, TV) and digital media.”

The government justified the need for these rules saying, “There have been widespread concerns about issues relating to digital contents both on digital media and OTT platforms. Civil Society, film makers, political leaders including Chief Minister, trade organizations and associations have all voiced their concerns and highlighted the imperative need for an appropriate institutional mechanism. The Government also received many complaints from civil society and parents requesting interventions. There were many court proceedings in the Supreme C Court and High Courts, where courts also urged the Government to take suitable measures.”

The entire press release may be read here: 

Related:

Unnao reports: Twitter handles of Barkha Dutt’s portal, 7 others booked 
ED Raids & NewsClick: Weaponising law by Criminalising Free Speech
From Watchdog to Lapdog, Weaponisation of the India Media
Koo instead of Twitter: Is India becoming the next China?
Primary goals were surveillance and incriminating document delivery: Arsenal

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I teach refugees to map their world https://sabrangindia.in/i-teach-refugees-map-their-world/ Sat, 19 May 2018 06:43:47 +0000 http://localhost/sabrangv4/2018/05/19/i-teach-refugees-map-their-world/ I first visited the Zaatari refugee camp in early 2015. Located in northern Jordan, the camp is home to more than 80,000 Syrian refugees. I was there as part of a research study on refugee camp wireless and information infrastructure. It’s one thing to read about refugees in the news. It’s a whole different thing […]

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I first visited the Zaatari refugee camp in early 2015. Located in northern Jordan, the camp is home to more than 80,000 Syrian refugees. I was there as part of a research study on refugee camp wireless and information infrastructure.

Refugees

It’s one thing to read about refugees in the news. It’s a whole different thing to actually go visit a camp. I saw people living in metal caravans, mixed with tents and other materials to create a sense of home. Many used improvised electrical systems to keep the power going. People are rebuilding their lives to create a better future for their families and themselves, just like any of us would if faced with a similar situation.

As a geographer, I was quickly struck by how geographically complex Zaatari camp was. The camp management staff faced serious spatial challenges. By “spatial challenges,” I mean issues that any small city might face, such as keeping track of the electrical grid; understanding where people live within the camp; and locating other important resources, such as schools, mosques and health centers. Officials at Zaatari had some maps of the camp, but they struggled to keep up with its ever-changing nature.

An experiment I launched there led to up-to-date maps of the camp and, I hope, valuable training for some of its residents.
 

The power of maps

Like many other refugee camps, Zaatari developed quickly in response to a humanitarian emergency. In rapid onset emergencies, mapping often isn’t as high of a priority as basic necessities like food, water and shelter.

However, my research shows that maps can be an invaluable tool in a natural disaster or humanitarian crisis. Modern digital mapping tools have been essential for locating resources and making decisions in a number of crises, from the 2010 earthquake in Haiti to the refugee influx in Rwanda.

This got me thinking that the refugees themselves could be the best people to map Zaatari. They have intimate knowledge of the camp’s layout, understand where important resources are located and benefit most from camp maps.

With these ideas in mind, my lab teamed up with the United Nations High Commissioner for Refugees and Al-Balqa and Princess Sumaya universities in Jordan.

Modern maps are often made with a technology known as Geographic Information Systems, or GIS. Using funding from the UNHCR Innovation Fund, we acquired the computer hardware to create a GIS lab. From corporate partner Esri, we were obtained low-cost, professional GIS software.


RefuGIS team member Yusuf Hamad and his son Abdullah – who was born in Zaatari refugee camp – learning about GIS. Brian Tomaszewski, CC BY

Over a period of about 18 months, we trained 10 Syrian refugees. Students in the RefuGIS class ranged in age from 17 to 60. Their backgrounds from when they lived in Syria ranged from being a math teacher to a tour operator to a civil engineer. I was extremely fortunate that one of my students, Yusuf Hamad, spoke fluent English and was able translate my instructions into Arabic for the other students.

We taught concepts such as coordinate systems, map projections, map design and geographic visualization; we also taught how to collect spatial data in the field using GPS. The class then used this knowledge to map places of interest in the camp, such as the locations of schools, mosques and shops.

The class also learned how to map data using mobile phones. The data has been used to update camp reference maps and to support a wide range of camp activities.

I made a particular point to ensure the class could learn how to do these tasks on their own. This was important: No matter how well-intentioned a technological intervention is, it will often fall apart if the displaced community relies completely on outside people to make it work.

As a teacher, this class was my most satisfying educational experience. This was perhaps my finest group of GIS students across all the types of students I have taught over my 15 years of teaching. Within a relatively short amount of time, they were able to create professional maps that now serve camp management staff and refugees themselves.


A map created with geographic information collected by students in the RefuGIS program. UNHCR, CC BY
 

Jobs for refugees

My experiences training refugees and humanitarian professionals in Jordan and Rwanda have made me reflect upon the broader possibilities that GIS can bring to the over 65 million refugees in the world today.

It’s challenging for refugees to develop livelihoods at a camp. Many struggle to find employment after leaving.

GIS could help refugees create a better future for themselves and their future homes. If people return to their home countries, maps – essential to activities like construction and transportation – can aid the rebuilding process. If they adopt a new home country, they may find they have marketable skills. The worldwide geospatial industry is worth an estimated US$400 billion and geospatial jobs are expected to grow over the coming years.

Our team is currently helping some of the refugees get GIS industry certifications. This can further expand their career opportunities when they leave the camp and begin to rebuild their lives.

Technology training interventions for refugees often focus on things like computer programming, web development and other traditional IT skills. However, I would argue that GIS should be given equal importance. It offers a rich and interactive way to learn about people, places and spatial skills – things that I think the world in general needs more of. Refugees could help lead the way.
 

Brian Tomaszewski, Associate Professor of Information Sciences and Technologies, Rochester Institute of Technology

This article was originally published on The Conversation. Read the original article.

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Fake News and Social Media: A Deadly Combination https://sabrangindia.in/fake-news-and-social-media-deadly-combination/ Fri, 08 Sep 2017 13:36:42 +0000 http://localhost/sabrangv4/2017/09/08/fake-news-and-social-media-deadly-combination/ While social media platforms are today an integral part of our lives, it is also true that it has lead to fake and false news spreading like wild fire creating a rift between various communities, caste, race and religion by spreading lies. Part-I   Background   Francois Gautier, a French political writer in 2009 claimed […]

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While social media platforms are today an integral part of our lives, it is also true that it has lead to fake and false news spreading like wild fire creating a rift between various communities, caste, race and religion by spreading lies.

Part-I
 
Background
 
Francois Gautier, a French political writer in 2009 claimed in his blog that an ancient trunk has been discovered containing documents with predictions by Nostradamus. In 2014 Gautier speaks of the same trunk being discovered – yet again. Each time he claimed that Nostradamus had predicted the rise of Narendra Modi. The blog was reprinted in the Times of India on March 28, 2017 and eventually had to be removed once it was proved that it was yet another incident of fake news.
 
The spread of fake news is such that even seasoned politicians are falling prey to it and quoting it on television channels. It is assumed that fake news is an outcome of the increasing presence of social media. The question that arises: is fake news a recent phenomenon? No, but the social media, online news portals and mobiles have contributed to its rise and reach.
 
One of the first major instances of fake news was in 1835, when New York Sun published a story on creatures that were residing on the moon. The Sun claimed that the famous astronomer John Herschel had built a powerful telescope through which he observed giant men walking on the moon, a temple that was made of polished sapphire and so on. Needless to say, the sales of New York Sun shot up. But the truth was that it was a fake news concocted by the editor of the Sun, Richard Adams Locke.
 
Yes, the astronomer John Herschel was working in South Africa on astronomical observations but the results were months away. Locke thought instead of waiting for the results he could circulate fake news to create a sensation-which he did. Even before this, in the 16th and 17th century, when means of communication were fewer and not so effective fake news would make rounds through pamphlets. Some would speak of strange creatures that have been discovered or of superhuman beings. The printers saw nothing wrong in this.

During the Second World War, President Roosevelt himself resorted to use of fake news (may be unknowingly) to whip up American frenzy against Hitler. He claimed to have got his hands on a secret document of the Nazis which clearly indicated their designs on America. The truth was this document had been created by the British Intelligence agencies to ensure that America also joined in the war.
 
In today‘s times, one of the main carriers of fake news is the social media, though other form of media – print and visual – are also responsible for endorsing and spreading fake news. “The purpose of fake news is not to pose an alternative truth . . . but to destroy truth altogether, to set us adrift in a world of belief without facts, a world where there is no defense against lies.” Actually, the purpose of fake news isn‘t to destroy truth; it is to manipulate, to weaponize information, made out of whole cloth at times, to achieve political or societal goals” (Gioe, 2017).
 
We have seen the impact of fake news in misleading people, spreading false propaganda or maligning people and communities. Fake news also has a commercial aspect as we saw in the example of the Sun. Therefore, commissioning and spreading fake news is just a means to an objective. In India, fake news based on fabricated and non-existing facts especially on social media has been instrumental in instigating communal violence. Moreover, the rise in the volume of fake news aimed at hate mongering in the last few years has increased the probability of creating communal hatred and instigating violence. This brief is an attempt to describe misuse of social media to create communal disharmony and policy framework available for addressing these challenges.

 
Right Wing and the politics of Fake News
 
Trend Micro (2017) in one of its recent research paper argues that the commissioning and distribution of fake news meets some purpose, which may be of any kind. The purpose as we have discussed is largely political in nature and therefore is systematically propagated using highly advanced technologies.
 
According to the Trend Micro, a successful propagation through fake news relies on three unavoidable factors, namely Social Networking, Tools and Services (Internet and devices) and Motivation. Both mainstream political parties and religious fundamentalists across the world have been found using it for their political goals.
 
Media Matter for America, a top watchdog fighting against fake news in United States of America, notes that the right wing political party in USA is aggressively attempting to poison the information ecosystem with lies. The right wing conservative party led by Donald Trump in 2016 presidential election effectively used social media and their own media house to generate and disseminate fake news. The conservatives in the USA have now systematically organized this entire mechanism.
 
According to the Media Matter (2017), “The conservative Media Research Center, with an annual operating budget of $18 million, works closely with establishment right-wing media to reinforce the myth of a liberally biased media, push journalism to the right, and propel misinformation into the mainstream.” Trump has also been accused for using his twitter handle to manipulate news with lies produced by pro-right wing media houses and fake news generators.
 
Apart from the mainstream right wing political parties, fundamental groups have also been using this technique to shape opinion based on misinformation. For example, Berger and Morgan (2015) exposed how Islamist fundamentalist groups like the ISIS and Al Qaeda in the Arabian Peninsula use social media as a lure to induct youth in their organization. They found that the social media campaign of these organizations use “deceptive tactics and shows a sophisticated understanding of how such networks operate[1].” Number of young men from India too have fallen into the trap set by ISIS and have been convinced to become martyrs.
 
They also found that these Jihadi organizations using ‘bots’ and computer controlled twitter accounts that automatically send out content in a similar manner. Similarly, in north-east Germany neo—Nazi groups have started perpetuating lies in public forums using social media[2]. Bhatia (2017) argues that neo-Nazis have lived in relative obscurity for half a century due to absence of the internet, but in last one decade, they have again become politically active.
 
In India, a similar trend has been observed; most of the fake news are politically motivated and contain highly communal contents. The Criminal Investigation Department (CID) of West Bengal government recently arrested a BJP leader for circulating instigating fake pictures on social media maligning a particular religious community The investigation of fake news websites in India by www.altnews.in (mentioned in previous section) revealed that promoters of these websites have close proximity with Hindu right wing groups such as RSS, VHP, Bajrang Dal and Bharatiya Janata Party. Bhatia (2017) notes, “A right-wing Whats App group sends out thousands of nationalist videos around the country every day, spreading a host of lies: that Muslims will overrun the country, and northeasterners are Chinese agents.”
 
As everywhere in the world, fake news has become a powerful tool of Indian right wing politics to propagate, and instigate people. India, especially in last one decade, has witnessed several incidents, where fake news and rumours circulated on social media have culminated into riots, lynching and weakening social bonds amongst people from different communities, religion and culture. Some examples of recent incidents are as follows:
 
Muzaffarnagar Riot, 2013: In September 2013, Muzafarnagar in Uttar Pradesh a minor scuffle followed by murder of two boys was strategically used to instigate communal riot. Taking advantage of the situation, a factually incorrect story of the incident was narrated and a rumour was spread that those two boys were lynched by a mob of a particular community. Some people including the local BJP MLA circulated a video on social media purporting it to be video of the incident.
 
According to the police, the video circulated on social media was shot in Pakistan two years ago where two boys were brutally killed by a mob. However, fear-mongering forces in Muzafarnagar passed it on as the video of mob lynching of two boys by a particular community. According to an affidavit filed in the Supreme Court by the Uttar Pradesh government, the communal riot that was instigated using a fake video killed 43 people, several houses were burnt and more than 40,000 people forced to stay in relief camps[3].
 
Basirhat Communal Riot, 2017: More recently, an objectionable post of the Prophet and Mecca posted by a teenager on Facebook page provided a chance to Muslim fundamentalists to riot in a small town called Basirhat of North Pargana 24 district of the West Bengal. When Muslim fundamentalist were vandalizing private and public properties in Basirhat, some Hindu fundamentalist started passing on a morphed picture of Gujarat riot, 2002 and stills from Bhojpuri films. These pictures were captioned saying that Muslims are killing Hindus and raping Hindu women and also an appeal from Hindus to retaliate. The riot went on for nearly a week and claimed one life. These further fuelled communal violence in the state that prolonged the riot. Amongst the hundreds of people who posted and re-posted fake news and pictures to fuel Basirhat riot, BJP leaders were the most prominent. The West Bengal government arrested a local BJP leader for posting fake news and filled a FIR against a Delhi based BJP leader for disturbing communal harmony in the state.
 
Chhapra (Bihar) Riot, 2016: A derogatory image of an idol of a Hindu god circulated on a Whats App group in August 2016 instigated communal violence in Saran District of Bihar. According to a fact finding team constituted by civil society groups found that the derogatory picture commissioned by Muslim fundamentalists was further mass circulated by the Hindu fundamentalists to provoke Hindus for violence[4].
 
Akhlaq Lynching, 2015: A rumour spread by self-styled cow protectors in October 2015 provoked an entire village to attack a Muslim family in Dadari (Noida). The mob lynched 45-year-old head of the house Mohammed Akhlaq allegedly for consuming beef. According to the report published on BBC a huge mob made their way into the room where Akhlaq was asleep. They bashed his head with a sewing machine lying nearby[5].
 
So, we see that fundamentalists across religious identity have been misusing social media to spread lies and misinformation. Moreover, in many cases spread of lies and misinformation led to social conflict and riots. Reflecting on the issue of interconnection between fake news and misuse of social media, the Union Home Minister Rajnath Singh had also expressed his concern.
 
Addressing the 83rd General Assembly of Interpol in Monaco in 2014 he said, “Social media is increasingly being used to instigate communal riots and women and children are equally vulnerable in cyberspace as in the real world[6].” Various experts working on the issue of fake news and misuse of social media have observed that the volume and spread of communally charged fake news has escalated in last three years. In fact, many such propagators of fake news have been claiming their close proximity with people in the government.
 
Part-II
 
Fake News in India and Its Implication
 
Social Media and its Outreach

 
The Indian telecom market is huge and has expanded tremendously in recent time. According to Telecom Regulatory Authority of India (TRAI) there are more than one billion cell phone users in India. According to a report of market research firm IMRB International, smart phone users in India grew over 300 million by December 2016 and has become second largest smart phone market in the world.
 
Another study by the Internet and Mobile Association of India and IMRB International, 77% of urban internet users and 92% of rural users “consider mobile as the primary device for accessing the Internet, largely driven by availability and affordability of smart phones[7].” The report further claims that the internet penetration in India is 31%. “Urban India with an estimated population of 444 million already has 269 million (60%) using the Internet. Rural India, with an estimated population of 906 million as per 2011 census, has only 163 million (17%) Internet users” (Chopra, 2017)
 
Despite such an expansion of internet services, most users access internet through their phones because computers, i-pads, tablets are unaffordable for most of the people in India; added to this is the issue of slow internet connection. This has helped mobile- friendly social networking sites to penetrate widely especially in semi-urban and rural areas.
 
According to a study of online news consumers in 2015, social media has been one of the main sources of their online news. According to the study, 41% of respondents indentified social media as the source of their online news and 56% shared news stories with others on social media (Tewari, 2015). Currently there are nearly 160 million Whats App users, 150 million Facebook followers and 22 million Twitter accounts actively in operation in India[8]. All of these networking sites have been main carrier of fake news and have proved to be highly influential to mobilize huge crowds in no time on number of emotional issues.
 
All those who have access to internet either through phone or other devices are potential receivers and sharers of fake news. There has been a tremendous increase in the circulation of fake news in India. Founder of the www.altnews.in (a leading fake news debunking web portal in India), Prateek Sinha attributes this increase to the proliferation of smart phone and cheap data packages[9]. India’s telecom regulatory commission says there are more than one billion active mobile phone connections in India. A mobile phone connection becomes the first point of exposure to millions of Indian telecom users. While availability of connectivity has several positive aspects to it, the downside has been that it is being used by people to effectively and convincingly spread fake stories to millions.
 
Mobile friendly social media applications such as ‘Whats App’, Facebook, Twitter and text messaging (SMS) make spread of information cheap and easier at scale. Easily accessible and affordable technological advancement on the one hand and complete lack of check and balances to ensure non-transmission of ill-intentioned fake information on the other hand in India has increased the danger of fake news.
 
Commenting on this issue Prateek Sinha said, “Suddenly people from rural areas in particular are inundated with information and are unable to distinguish what is real from what is not. They tend to believe whatever is sent to them.”
 
The messaging on Whats App is based on one-to-one encryption. Users receive messages on Whats App mostly from people whom they know such as friends or family member.
 
According to some experts working on the issue of fake news and its spread, ‘what makes it worse is that it is difficult to trace for origin of fake news. According to Durga Raghunath, an Indian digital expert, people don‘t question source on social networks or messaging apps. According to her, “The mental approach is different. Many of the issues people see on these platforms have an emotional connect, and because the information comes to us via family and friends, the inclination to double check is very low[10].”
 
Misuse of Social Media for Political Gain
 
While there are number of fringe groups with political patronage spreading lies on social media platforms to misinform people, in last few years we have seen mainstream political parties and their leaders also spreading fake news for their immediate political gains. The reasons for actively engaging with fake news is for strategic reasons – mainly to exaggerate their achievements or to defame opponents, create rift between religious communities to gain some support and also hide the wrong doing of their own leaders.
 
While most political parties in India manipulate information for their political propaganda, the BJP which used the social media effectively to win the 2014 elections, now resorts to circulating fake news not only about its schemes and achievements but also about communal incidents and riots.

 

There are several cases where the BJP and its leaders used their social media platforms to use fake information for instigating violence and communal hatred. Moreover, party leaders have also been using the social media platform to glorify themselves and target opponents. It reached its lowest ebb when the party attempted to protect their leader in a recent case of stalking in Chandigarh. The son of Haryana BJP state president allegedly stalked and attempted to abduct a young woman, Ms. Varnika Kundu in August 2017 in Chandigarh.
 
To protect this shameful act of the stalker who is son of influential BJP leader, BJP spokesperson Ms. Shaina NC from Mumbai posted a fake picture of the young victim with the intent to malign her character and protect BJP leaders. List of such leaders in BJP is very long. According to an article[11] published in www.boomlive.in, senior BJP leaders such as Paresh Rawal (MP from Gujarat), Piyush Goyal (Union Minister), Babul Supriyo (Union Minister), Sambit Patra (BJP Spokesperson) and Amit Malviya (BJP IT Head) have repeatedly been spreading lies on social and mainstream media.
 
It is a cause of worry that this has found its way into the government machinery. BJP run Union and state governments have been frequently misusing government system to mislead people of the country. In June 2017, the annual report of the Ministry of Home Affairs used a picture of Spain-Morocco border to show Indo-Pak and Indo-Bangladesh border floodlighting by the Modi government[12]. Two months later, the Union Minster of Power Piyush Goyal posted a decade old fake picture on twitter to claim LED lightening of 50,000 KM Indian roads by the Modi government.
 
Vigilant Twitter users exposed the minister and he was forced to admit that the picture he had used was fake. Other ministers such as Babul Supriyo and Nirmala Sitharaman have also been claiming achievements of their government using fake pictures. The misuse of government institutions does not end here. It has now started supporting trolls to target opposition political parties and their leaders. There are several reports in media which accuse Prime Minister Modi of following large number of trolls and abusers on Twitter[13].
 
The All India Trinamool Congress leader Derek O‘Brien in February 2017 raised this issue in the Rajya Sabha and asked the government to take action against such people. However, the Minister of state Hansraj Ahir in his response said that it is the freedom of expression of trolls and government cannot take any action against them[14].
 
Exposing another instance of abuse of government power, the www.altnews.in found a Twitter handle of Ministry of External Affairs endorsing trolling of the Aam Adami Party. It has found that Twitter handle of India‘s Mission at United Nations, which is created for updating Ministry‘s engagements/meeting with other countries, is routinely involved in promoting anti-AAP post by trolls on twitter[15]. In the past Twitter handles of various government institutions such Indian Postal Department, IGI Airport, Digital India, All India Radio and Start up India had occasionally posed anti-AAP and anti-INC posts[16].
 
Portals creating fake news
 
The www.altnews.in started by Prateek Sinha, one of the leading portals in India that exposes fake news, has observed that often religious fundamentalists propagate fake news. He said, “Majority of videos seem to be propagated by people with hardline sensibilities and many have an ‘anti-Muslim’ slant[17].” Apart from debunking fake news, this website has also been trying to trace the sources of fake news in circulation. The number of fake news has increased tremendously in last few years.
 
In fact, this entire system has been developed as an organized and professional business enterprise. There has been a sudden spurt in web portals to generate fake news to spread misinformation and instigate communal hatred and violence. For example, the online news portal ‘Postcard’ has written an article saying that vice-president of India spent 300 crores on his foreign travel, 7 times more than the Prime Minister. It is interesting to note that the news comes out right after the Vice President attacks the present Government on the issue of minority rights. Most people will view it as news without verifying whether it is true or not.
 
Furthermore, the domain name of the portal appearing as the source of the fake news gives it an impression of being authentic and then it is circulated widely through social media. Wide circulation of fake news generated by these websites on social media drives huge traffic to the web portal. Further, this helps them to attract commercial advertisement. The www.atlnews.in revealed the business model of hatred and violence as follows:
 
Case 1: (www.newspur.in)
 
The www.newspur.in is one of the several web portals to have mushroomed in the last few years to create fake news to instigate communal hatred and violence. An investigation into the portal by www.altnews.in revealed the owner earned money by churning out fake news. Using the operating system called ‘whois’ the Alt News traced the owner of the fake news portal. The investigation found that this portal is owned by a person called Subhash Chaudhary. He also owns two other fake news portals namely www.sanatansankriti.org and www.dainikhindu.org. He used his Facebook profile https://www.facebook.com/aslisubhash to spread fake news created on his web portals. His Facebook has 1.99 lakh followers. The Alt News investigation found that the visitor‘s traffic to these web portals guided by the Facebook page attracts commercial advertisement. A company called ‘Adnow’ pays him Rs. 16,000 every month for displaying ads on his portal.
 
Case 2: (www.hindutva.info)
 
Prateek Sinha considers www.hindutva.info as a most dangerous fake news portal as it generates information in Hindi, thus widening the net of people. It is this portal, which had passed on a Bangaladeshi video as that of a Hindu being killed by Muslims in West Bengal. There are several such communal and political fake news it is responsible for. A detail digital investigation of www.hindutva.info  revealed that it is owned by a person certain Rajesh Jindal based in Haryana. He also owns another fake news portal called www.hitpehit.com. Fake news generated on these two sites are then disseminated using Facebook pages.
 
The investigation found that Jindal has created an empire of Facebook pages; there are about 15 Facebook pages owned by Jindal under different profile names. According to him, the central business idea of Jindal is to pick certain famous individuals and make Facebook pages in their name. All the Facebook pages owned by Jindal put together have a direct reach of about 4.5 to 5 million. Each Facebook page shares links from only two websites that is www.hindutva.info and www.hitpehit.com. In order to direct heavy traffic to his websites he has created this huge social media infrastructure. This traffic helps him to monetize his website though companies such as Revcontent, MGID and Google Adsense. A Facebook event by Blog‘s creed states that Rajesh Jindal makes more than 1 lakh per month[18].
 
Case 3: (www.postcard.news)
 
The www.postcard.news is yet another leading fake news website in India. According to an investigation of www.altnews.in it is one among top 500 Indian website in terms of traffic ranking. This website has been producing pro-BJP and highly communal fake news, but most importantly many leading BJP leaders and Union ministers constantly using their social media handles to disseminate its propaganda.
 
An investigation by www.altnews.in reveals that the proximity of BJP leaders and promoters of serial fake news offender www.postcard.news makes a deadly combination of commissioning fake news with ulterior motive and wide dissemination through popular leaders. Three people promote this website namely Mahesh Hegde, Ankita Lal and Vivek Shetty. According to an article of www.altnews.in published in May 2017, while, Mahesh Hegde is followed by the Prime Minister Modi on Twitter, other promoters Ankita Lal and Vivek Shetty are followed by a number of Union ministers. It has been found that in the past Union Ministers such as Nirmala Sitharamn, BJP spokesperson Sambit Patra and IT in charge of BJP in Asansol (West Bengal) have been using postcard news to spread propaganda.
 
Over the years, an entire industry of fake news has grown in India. Especially in the last three years several websites have mushroomed to commission hate and violence. Websites mentioned above are just the tip of the iceberg. These websites have used social media very effectively to disseminate false propaganda as most of these fake stories have easy emotional connect apart from being short and mobile friendly. The language used in these stories is highly communal and instigating. The question then arises whether one can distinguish between false and true news.
 
Yes, there are ways. But, first Facebook and Twitter and other such platforms should have a strict policy on posts which are likely to trigger violence or are illegal. Secondly, they also need to filter out information which is incorrect. Some experts have also suggested algorithms to prevent false information or even trolls but it still won‘t stop fake data. As David Goie rightly points out, “Despite significant strides in artificial intelligence, artificial intelligence remains ineffective against intellectually dishonest analysis, non-sequitur conclusions and ideological spin. It is therefore dubious to hope social-media sites will become guardian curators of fact-based knowledge and objective journalism.
 
About a week ago an article was published by Jaideep Mazumdar in the Swarajya magazine, saying that a certain road in Kolkata had been named after a killer. He claimed that Suhrawardy Avenue in Kolkata was named after Huseyn Shaheed Suhrawardy while in reality it has been named after Sir Hassan Suhrawardy – the latter being the vice-chancellor of Calcutta University. But this mistake was pointed out by Alt news and Swarajya had to put in a public apology which did not go down well at all with the author. Of course, this doesn‘t mean that at the individual level we do not have a responsibility in stopping the spread of fake news or verifying it. Each news item should be scrutinized by a logical and questioning mind, however most of the times – political affiliation, sentiment and illiteracy come in the way.
 
Part- III
 
Policy Responses
 
In his statement in Monaco, the Union Home Minister, Rajnath Singh, urged all members of Interpol to take a pledge against misuse of social media platforms. However, it seems that the government of India itself has forgotten its appeal to the world. The Union government has been shying away from questions in Parliament raised by MPs on the issue of tangible action taken by the government to put an end on rumour mongering on social media.
 
Responding to a question in Rajya Sabha on the issue of instigating communal violence through misuse of social media on March 24, 2017, the Minister of Information and Technology failed to prove that the government has proactively identified such websites and social media platforms (Rajya Sabha, 2017). However, the government has admitted misuse of social media platforms to hurt religious sentiments and create communal hatred. (Loksabha, 2017; Rajya Sabha, 2017).
 
While some people in their individual capacities have been exposing of the racket of fake news freely operating in various parts of India, the government has not shown any inclination to book them under appropriate laws of the land. Responding to a similar question in the Lok Sabha on August 2, 2017 the government claimed that it monitors web and social media and will take appropriate action on objectionable content[19].
 
It is surprising that our government has not taken cognizance of the rapid mushrooming of fake news industry that has been instigating communal violence across the country. To handle malicious activities on cyber space we have the Information Technology Act, 2000 and various sections of Indian Penal Code. The scope of these two provisions along with its executive provisions is highlighted below.
 
The Information Technology Act, 2000

 
Along with several other provisions, the Information Technology Act, 2010 (IT Act) also restricts social media platforms such as Twitter, Facebook and Whats App and its users from publishing and transmitting any objectionable content that harms public order and put the national security in danger.
 
Section 66F of the law punishes act of cyber terrorism which include any act intended to terrorizing people, threatening India‘s unity, integrity, security and sovereignty.
 
Section 79 of the Indian cyber law requires that intermediaries observe due diligence while discharging their duties and shall inform the users of computer resources not to host, display, upload, modify, publish, transmit, update or share any information that is harmful, objectionable, affect minors and unlawful in any way. Social media platforms are defined as ‘Intermediary’ under the Act.
 
According the Act, an “Intermediary, with respect to any particular electronic message, means any person who on behalf of another person receives, stores or transmits that message or provides any service with respect to that message[20].” Pavan Duggal, an advocate practicing law in Supreme Court, clarifies that a social media user providing content on social media is also recognized as ‘intermediary’ under the law[21].
 
Table-I
 
The Information Technology (Intermediaries guidelines) Rules, 2011 issued under Section 78 and 79 of the IT Act, 2000 provides a detailed outline for intermediaries in order to prevent illegal use of internet platforms. It also speaks of cooperation with law enforcing mechanism in case of violation of the law by any person. The government amended the principal IT Act in 2008 and expanded scope of the law to deal with newly emerging cyber crimes. This amendment had also inserted Section 66A to criminalize sending offensive messages through communications services. However, in March 2015, the Supreme Court in its judgment found it violative of Article 19 (1) (a) of the Constitution and struck down the proviso.[22]
 
The Indian cyber law enacted in 2000 and amended from time to time has not been effective enough in minimizing the spread of fake news. The statistics shown in above table (Table- I ) reveals that from 2013 to 2015 while there was an increase in number of cases registered under various offences in law, progress on registering cases against hate mongering people remain negligible. During these three years, only eight cases were registered and seven people were arrested for committing crime of cyber terrorism.
 
Indian Penal Code
 
The Indian Penal Code (IPC) under various sections also criminalizes number of cyber activities that harms individual and society. A total of 3,422 cases were registered under various sections of IPC related to cyber crimes in 2015 as compared to 2,272 cases in 2014 and 1,337 cases in 2013 (NCRB, 2015). Most of these cases reported by the National Crime Record Bureau are related to data theft, cheating and criminal breach of trust. While there is an increase in reporting of cases of cyber crimes under IPC, the pendency of cases remained very high. According to the last available report of NCRB on crime in India, pendency rate of cyber crime under IPC is as high as 96.2%. Similarly, 88.9% cases registered under IT Act, 2000 are also pending.
 
Other Executive Mechanisms
 
Both the Union and state governments have been using other means to stop spread of fake news especially those with the purpose of instigating people in riot-hit areas. One of the common tools in this regard is to impose internet shutdown in riot-affected areas to minimize deadly impact of misuse of social media. Recently Jammu and Kashmir witnessed a shutdown of internet services during the scuffle between agitating locals and security forces. It was also used in West Bengal first in Darjeeling and later in Basirhat to restrict spread of hate mongering information.
 
However, many people have complained about arbitrary shutdown of internet services, as it affects people who are not part of riot and violence. The former chairman of National Commission for Minorities, Wajahat Habibullah in 2016 had expressed his concern about increasing misuse of social media in inciting communal violence. He advocated for a mechanism to monitor misuse of social media[23]. India has witnessed gross misuse of social media in spreading fake news to instigate riots and communal hatred in last one decade. Despite this, there has not been any change in the way our security and intelligence control riots. According to Habibullah our riot control plan were developed by British rulers and need to be revamped keeping in mind the current context.
 
While the social media has been repeatedly acknowledged as one of the primary means to spread fake news and instigate communal violence, the existing cyber law remains ineffective in stopping the ever-growing market of such fake news. Whats App among various social media platform is widely misused by extremists especially because it is difficult to trace the origin of the message.
 
Realizing this challenge the district magistrate of Kupwara in Jammu and Kashmir in April 2016 issued a circular which mandated registration of all ‘Whats App’ groups in the district. The circular intends to stop use of this application for provoking youth for creating law and order problem in the state. The circular also holds responsible the administrator of the group for any irresponsible remark or provocation[24].
 
However, it seems not to be a sound legal and policy solution as the Delhi High Court later in one similar case refused to hold administrator of the Whats App group accountable for defamatory comment by any group members[25]. Additionally the registration of Whats App group may be challenged as an act of impinging in individual privacy. Restricting people from using social media or surveillance of such activities is not an option but there is need to work around misuse of social media by strengthening our existing laws and developing better cyber infrastructure to deal with such complaint at scale.
 
Part- IV
 
Conclusion
 
The advancement of information technology in last few decades has bought in radical changes in our life. It has helped individuals to grow and progress on the one hand and facilitated system of governance that is more transparent, reliable, accessible, fair and efficient on the other. Amongst innumerable advantages of information technology, what has been truly path breaking is that it allows people to share their ideas with a wide global audience in an instant.  This technological advancement has not only broken monopoly of traditional media houses to produce content but also broken all types of barriers in creating and disseminating one‘s own content/write-ups.
 
However, as with any other technological advancement, it brings with it certain short comings. While we are able to get updates of events almost as it happens, it is also true that it has also lead to fake and false news spreading like wild fire creating a rift between various communities, caste, race and religion by spreading lies. Multi cultural countries like India have witnessed several incidents of communal violence instigated by lies propagated by religious fundamentalists for political gain.
 
Political battles are now being fought over in the social media. Not only fringe elements, but mainstream political parties and government run by them are in forefront of using fake news for various purposes. The repeated attempts to win arguments by using fake information by political parties, their leaders and government shows that there is a conscious effort to mislead people.
 
Indian government has pro-actively embraced the advantages of advancement in information technology to serve its people better. However, its efforts to minimize misuse of technology and cyber crime remain ineffective. The IT Act, 2000 even after several amendments in 2008 has been unable to tackle the menace of fake news through social media. This law does not criminalize creation and spread of fake news on cyber space. Social media sites such as Facebook, Twitter, Whats App, and Instagram have been widely misused to spread fake news, lies and propaganda in India. Despite this, all these platforms have no accountability under the IT Act, 2000 to filter unlawful messages posted by their users. Using this gray area available in cyber space, hate mongering people/groups with vested political interest have been instigating communal hatred and violence. The Union government has itself acknowledged several times in the past that the hate mongering propaganda on social media plays a key role in instigating communal hatred, violence apart from spreading false stories about political opponents. While this is not a completely new phenomena, various observations of experts reveals that the presence of fake news has increased tremendously in last 3-4 years.
 
What is more worrying is that those involved in the industry of fake news enjoy political patronage. Moreover, there is a high demand of fake news from these political bosses to justify their opportunistic and dishonest politics. Fake news producing portals and individuals have been supplying lies and misinformation not only to political propagandists but also ministers and their subordinates to present a false picture of their achievement as leader and as government. While social media platforms are today an integral part of our lives, we also need to regulate these platforms to stop spread of fake news, lies and false propaganda.
 
This ‘Brief’ was written by the authors for the Rajiv Gandhi Institute for Contemporary Studies. Republished with permission.  
 
References
 
Bhuyan Anoo, 2017, ‘What the Indian Media can Learn from the Global war on Fake News, The Wire, 21 April 2017, retrieved from: https://thewire.in/126611/fake-news-social-media-2/
 
Trend Micro, 2017, ‘The Fake News Machine: How Propagandists Abuse the Internet and Manipulate the Public’, Retrieved from: https://documents.trendmicro.com/assets/white_papers/wp-fake-news-machine-how-propagandists-abuse-the-internet.pdf
 
Media Matter, 2017, ‘Media Matter for America 2020 Plan’, retrieved from: http://freebeacon.com/wp-content/uploads/2017/01/media-matters-donor-pitch.pdf
 
Bhatia Gautam, 2017, ‘The line between fiction and fact, The Hindu, April 24, 2017, retrieved from: http://www.thehindu.com/todays-paper/tp-opinion/the-line-between-fiction-and-fact/article18196866.ece
 
BBC, 2017, ‘Solution that can stop fake news spreading’, BBC World, January 30, 2017, retrieved from: http://www.bbc.com/news/blogs-trending-38769996
 
Nayak Nakul, 2017, ‘Fighting Fake News in India’, Asia and the Pacific Policy Society, July 5, 2017, retrieved from: https://www.policyforum.net/fighting-fake-news-india/
 
Tewari Pradeep, 2015, ‘The Habits of Online Newspaper Readers in India’, J Socialomics 4: 124, retrieved from: https://www.omicsgroup.org/journals/the-habits-of-online-newspaper-readers-in-india-2167-0358-1000124.pdf
 

Lok Sabha, 2017, ‘Unstarred Question No. 2807- Misuse of Social Media’, Answered on August 02, 2017, retrieved from: http://164.100.47.190/loksabhaquestions/annex/12/AU2807.pdf
 
Rajya Sabha, 2017, ‘Starred Question No. 254 – Misuse of Social Media to Spread Hat Campaign’,  Answered on March 24, 2017, retrieved from: http://164.100.158.235/question/annex/242/As254.pdf
 
NCRB, 2015, ‘Crime in India 2015 Statistics’, National Crime Record Bureau, Ministry of Home Affairs, New Delhi
 
NCRB, 2014, ‘Crime in India 2014 Statistics’, National Crime Record Bureau, Ministry of Home Affairs, New Delhi
 
Chopra Arushi, 2017, ‘Number of Internet Users in India could cross 450 Million by June: Report’, Live Mint, March 02, 2017, retrieved from: http://www.livemint.com/Industry/QWzIOYEsfQJknXhC3HiuVI/Number-of-Internet-users-in-India-could-cross-450-million-by.html
 
Gioe, David, 2017 National Interest, July 1st accessed on 16th August 2017
http://nationalinterest.org/feature/the-history-fake-news-21386?page=3
 
Mitter, Sohini, http://mashable.com/2017/03/30/fake-nostradamus-predictions-published-media-amused/
 

 


[3] Centre for Study of Society and Secularism, Mumbai, 2013: http://www.csss-isla.com/wp-content/uploads/2015/06/September-16-30-2013.pdf
 
[20] The Information Technology Act, 2000, retrieved from: http://www.dot.gov.in/sites/default/files/itbill2000_0.pdf
[22] The Supreme Court of India, W.P. No. 167 of 2012, Shreya Singhal vs Union of India, retrieved from: http://www.itlaw.in/wp-content/uploads/2015/03/sec66A-judgment.pdf

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