Tag Archives: Twitter

Social Media Manipulation To Undermine Democracy

This Article is written by B.Oviya and R.Jaisurya, students of The Tamil Nadu Dr.Ambedkar Law University ( Schoool Of Excellence In Law )


ABSTRACT:

People are real assets of India as they play an important role in shaping democracy. Our goal was made achievable only by people interacting and joining hands together to reach success. But today, we have reached a stage where people can stay connected only through artificial intelligence. Fast growing technology and everlasting developments have made, “Privacy dead; social media the culprit holding guns”. In the process of increasing our social network, we started to undermine our democracy. Thus, rather than aiming to restore old ways, we can resort to initiating new methods like how to effectively use all social media as “We don’t have a choice on whether we can exclude social media, the question is how well we USE it”. It is eminent that we get all the information with a small device within seconds, but when analyzed in depth, there arises a more serious question: is all this information authentic?  We people truly know what veracious is because it’s time to “WAKE UP” and prove that “we are not puppets of someone else’s game, nevertheless it’s our own game”. Therefore, by understanding what is media and its role, we try to scan whether it’s a manipulation or a source of information. With a few new changes brought, it is with confidence that we can reach the end line of this game. This challenge is never new, as great pillars of democracies have also looked upon these problems to reach victory today. Thus, by continuing strongly in this path, we can expect a mission accomplished soon as “the very meaning of start is to reach the end”.

INTRODUCTION:

One hundred years ago, there was no medium to know what’s happening around the world as no materialized inventions were adopted. People learnt culture or acquired knowledge only through oral interactions with people, unlike now, where we depend fully on material culture to guide us for each and every aspect of our daily lives. With ever-lasting growth in technology, media plays a very important role in our society. With the passage of time, this has led to assigning an adversarial role to social media rather than serving as a platform to provide news and information serving our needs. Media endeavors to shape a whole lot of public opinion leading to media manipulation.

Media manipulation refers to certain techniques, including creating images, videos, arguments in favor of their own interests. This basically involves suppressing information or other point of views, grouping them to one side, making people stop listening to certain arguments or use them as a source of distraction. Democracy is a form of government in which all people play a very vital role as they elect their own representatives. As people’s opinions can be expressed to all only through channels, we can find that social media plays an important role in undermining democracy.  

SOCIAL MEDIA:

To start off with, in this present generation the young minds tend to capture the images faster than learning the words from a book, a perfect key in the developing process of social media platforms. Along with the start of the printing press in the 15th century, European revolution, the concept of information providing and information consumption started. In the 15th century, the rate of transformation of information was growing faster and faster by increasing the information production channel. Later from the 20th century, the phases of social media platforms began to develop at a lighting speed. Before, it was only used to consume information, but now every person is using the social media platforms to chit-chat, for entertainment and many other usages. In the 21st centurymany tech businesses also moved into social media platforms providing different usages for example, LINKEDIN, INSTAGRAM etc. This led to digital colonization. 

As said in a most popular quote, “EVERYTHING HAS ITS OWN ADVANTAGES AND DISADVANTAGES, WHAT MATTERS IS THE WAY WE PERCEIVE IT”. Thus, the media plays a significant role in both socialization processes, creating a strong impact on people’s decisions and also paving way to hinder from being their own self.

SOCIAL MEDIA’S TITLE ROLE:

In a democratic country, when people turn to the marketplace for ideas, suggestions or views, we often end up landing with misinformation, misrepresentation, etc., leading to badly affecting people’s trust and unique features of our democracy. Today, the title role of people is being played by social media either to raise their voices or hear other’s opinion. On this view, the question of “ACCOUNTABILITY” in the world politically or generally, still remains unanswered, as the opinion of a person lies with the social media company itself? In today’s scenario, the social media company uses the clause, “the message said by him belongs to him thus, he is accountable for his own acts” as a veil to escape from the social responsibility and liability. This makes these platforms run scot-free. But it is wise to make sure that every message emerged from the user through any platform as a ‘MEDIUM’ should also carry the accountability and liability as only it makes the information reach the consumers. Therefore, they are equally liable in spreading misinformation and hate speeches creating chaos any commotions. Thus, the role of expressing people should be considered as social media’s title role.

MEDIA: A SOURCE OF INFORMATION OR MANIPULATION:

The “DIGITAL COLONISATION”, has led to expansion in usage, eating away people’s private sphere of social life. But at the same time, this aids the Citizen led Governance, as one can connect millions within a minute for any cause with just a few clicks. The main problem in this splendid advantage is, people do not investigate the information or matters they get to know. They tend to accept any view or humiliate any point within just a matter of seconds. This is what is said in other words as manipulation, as it’s not our self-ideas, rather the ones arrived with influence.

Information turns into manipulation when there are no restriction lines drawn on people expressing their thoughts to others. This is because there is an increase in hate speeches, a major negativity for a progressing world leading to fake news, cyber trolling and many others. Even though the quick spreading of information has resulted in a cost-cutting process and a faster process through these medias, at the same time, it also created a manipulative society. It now ended up with the situation where, the ones who know how to manipulate can live in the society, while the rest are being manipulated to execute the ideas of manipulators.

ROLE IN UNDERMINING DEMOCRACY:

“The digital colonization acts as a greatest threat to democracy”. One best example for this is, in some states, political parties have their own PR (Public Relation) teams as an acting force behind them, to blend their ideas into citizens, mainly based on the huge amount of transactions. This proves that the present state of democracy is in the hands of few money- based PR teams, which ultimately leads to losing the effectiveness of democracy in the minds of citizens. The big threat is, still we don’t know how to regulate media as it becomes difficult to provide a social line on the production of various information.

For example in India, a set of rules known as the “Intermediary Guidelines and Digital Media Ethics Code” were formed for social media and other outlets, in view of involving government in censor of social contents, the government asked the ‘Twitter’ to remove more than 80 accounts which criticized the two controversial bills, “The Citizenship Amendment Act, 2019 and Farm Acts, 2020”, raising to a nation-wide protest against the ruling government. At last, after many warnings, it stood by the decision as if they were violating the rules of the nation, it would later become a precedent to other platforms. We can also find that before these new IT rules, WhatsApp was also a key channel in producing fake forward messages to a large community, but now after abiding to the new rules, the users can forward a message only at a time to a person, reducing the rate of transmission and acknowledgement of misinformation.

Another example is during the Trump’s government in United States, where there was many hate and extreme speeches through a popular social platform ‘FACEBOOK’. It was later analyzed that ‘Facebook’ intentionally allowed their users to spread wrong messages thinking they don’t carry the accountability for those messages. This was proved when Facebook blocked Donald Trump’s Facebook account after his term of governance as president. Thus, we find that many run businesses without the basic social responsibility affecting the stability of government.

SUGGESTION:

The best step to keep a check on social media is by defining the restriction line. This can be done by introducing new rules and stricter laws on citizens. The government can form a new ministry for social media handling or in the form of data protections, creating a big change as the said department will handle all works related to social media in a more organized way. Government instead of imposing a forceful regulation, can also promote self-regulating methods, aiding without any pre-emptive measures, giving certain positions in ad-hoc committees as these accreditations will certainly create a positive effect leading to healthier competitions. One of the main problems is, we don’t know who the sender is, as the anonymous person uses that as an advantage to escape from the hands of law. Therefore, we should keep a hold of who is sending what. One way is by connecting any important document with our social media accounts restricting all people to have only one account. Second, restricting the messages people can send in a day, age from which people can have accounts, maximum time they can login, etc., Third, a new online destination where people can reach to provide any information which undermine democracy. Fourth, conducting many programmes, interactive sessions for people to change their views and ideas about their roles, social media or democracy. 

When all the above said suggestions will create a lot of change, it will happen only when we people start the change. Growth can be analyzed with smaller steps like we should stop relying and believing on social media information and start investigating any matter before we tend to accept it as continuous interpretation of media has ended people’s ability to make their own opinions. Generally, as the media covers a vast portion of information, people either end up believing nothing or accepting what is convincing to them. We should look out for echo-chambers, unwanted notifications, and ads. Thus, we can play our small, efficient role by starting to delete our accounts.

CONCLUSION:

It’s high time to change the fact, “Whoever controls the media, controls the mind” because being in a well-developing country, there is no reason to simply believe that technology can strengthen democracy. Democracy is something built by “US” people and grows only in the way we handle our complications. Democracy development lies in how well we utilize opportunities and with what intentions, as in social media, we just need to “think twice before we act”. With continuous efforts, we can change the whole picture the MEDIA has created as it’s just a matter of time,

“We play by our rules long enough and it becomes our game.”

We should also remember that, “time isn’t the main thing, but the only thing”. Therefore, working together from day one will ultimately help us reach the finish line. Social media isn’t something we can totally exclude from society, rather a tool which needs to be used with care and caution. We should either take the risk or lose the chance as though this is a never-ending hitch, we can boost it up to maximum level as “the very meaning of start is to reach the end”.  

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The New IT Rules, 2021 and the Threat to Right to Privacy

This article is written by Aviral & Aditya Tiwary, students of ICFAI University, Dehradun.

Introduction

The Digital India program has empowered the citizens of the country with technology and the internet. Subsequently, this has enabled many social media platforms to connect people across the country. This has also aided the social media platforms to gain innumerable users. According to the data released by the Ministry of Information and Technology (MeitY), the user base of major social media platforms stands as:

  • WhatsApp users: 53 Crore
  • Facebook users: 41 Crore
  • Instagram users: 21 Crore
  • Twitter users: 1.75 Crore

The proliferation of social media platforms, on the one hand, allows numerous benefits to the people while, on the other hand, gives rise to serious concerns relating to the abuse of these platforms. In 2018, it was observed by the Supreme Court that the Indian Government might frame necessary guidelines to eradicate child pornography, rape and gang rape images, videos from such sites, platforms and other applications. In 2020, an Ad-hoc committee of the Rajya Sabha submitted its report on social media pornography and its effects on children and society as a whole. The report recommended tracing the originator of such messages. The Ministry of Information and Technology, on February 26, 2021, introduced the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The new rules replace the earlier Information Technology (Intermediary Guidelines) Rules, 2011. It requires significant social media intermediaries, i.e., social media platforms having more than 50- lakh-user base, to comply with a host of new rules. Under these latest rules, the intermediaries are required to appoint a grievance officer, a chief compliance officer, and a nodal contact person who must be residents of India. They are also required to publish a monthly compliance report of actions taken regarding grievances received by the officers. Furthermore, these intermediaries need to have a physical contact point in India mandatorily published on their website.

The Breach of End-to-End Encryption and Privacy 

These new rules will assist the users in having a safe online environment. However, the stumbling block of these new rules is the drastic inroads into the fundamental right to privacy. The new rules require the breach of end-to-end encryption for compliance in some instances. End-to-end encryption means that only the sender and receiver can access the messages, images, documents, and calls being exchanged between them. A third person cannot access the conversation. These messaging platforms store minimal user data to facilitate the messaging services.  The right to privacy was upheld to be a fundamental right protected under Articles 14, 19, and 21 of the Constitution of India in the case of Justice K.S. Puttaswamy (Retd.) vs Union of India. In 2017, the nine-judge bench of the Supreme Court of India unanimously gave a judgment that citizens of India have a fundamental right to privacy even though it is not expressly mentioned. It should be interpreted from the text and the thought process under which the constitution-makers would have drafted the constitution for the country. The loopholes in the new IT rules, 2021 (mis), using which the fundamental right to privacy can be potentially breached, are as follows.   

  1. Identification of the first originator- 

The new IT Rules, 2021 have, under sub-rule (2) of Rule 4, made it mandatory for a significant social media intermediary providing messaging services such as WhatsApp, Signal, Telegram and others to enable the identification of the first originator of a message flagged by either court of law or an authorised government agency. These platforms use end-to-end encryption for protecting the user’s privacy. The rules require WhatsApp to unmask only such people who are credibly accused of wrongdoing. The company says it cannot do that alone in practice as messages are end-to-end encrypted. They further state that they would have to break encryption for receivers as well as originators of messages. While challenging the new IT rules, a WhatsApp spokesperson said that requiring messaging apps to trace chats is the equivalent of asking us to keep a fingerprint of every single message sent on WhatsApp, which would break end-to-end encryption and fundamentally undermine people’s right to privacy”. Identifying the first originator will consequently mean accessing all users’ messages and the consequential breach of the end-to-end encryption. This is a grave threat to the right of privacy of the users on such platforms. BN Srikrishna, retired Judge of the Supreme Court in The Economic Times, stated that requirements such as traceability could open up unregulated access to people’s private messages, if implemented without necessary safeguards. The circumstances under which the information regarding the first originator will be asked have not been mentioned. This expands the scope of misuse. The matter of tracing the first originator gets even more complicated if the originator is outside India. In such a case, the first originator of that information within the territory of India shall be deemed to be the first originator of the information. Without preventive measures like a feasible data privacy policy, tracing the first originator of a message will lead to encroachment of the fundamental right to privacy.

2. Claiming Intermediary Safe Harbor-

Under sub-section (1) of Section 79 of the IT Act, 2001, an intermediary will not be liable for third party content that they carry.  Further sub-section (2) mentions that the protection given under sub-section (1) will apply only if the intermediaries observe due diligence while discharging duties and follow necessary guidelines laid down by the government.  This points towards the need to disclose the information asked by the government. The obligation to provide immunity to intermediaries from actions of third parties came into focus following a case in 2004. In November 2004, an IIT student uploaded obscene video footage for sale on bazee.com, an auction website.
Along with the student, Avnish Bajaj, the then CEO of the website, was also arrested by the Crime Branch of Delhi Police. In 2005, the Delhi High Court held him liable under section 85 of the IT act. However, in 2012 this decision was overturned by the Supreme Court. Making it compulsory for the intermediaries to disclose the first originator by breaking down the end-to-end encryption is disparaging the intermediary safe harbour while also influencing the fundamental right to privacy.

Questions and concerns of the People

Centre for Internet and Society has raised concerns with the draft rules and has asked for total deletion of Draft Rules 4(2), 4(4), 4(5), and 4(9). Senior policy officer at the Centre for Internet and Society, Gurshabad Grover, said, “There are some parts of the rules which may infringe on user privacy and go against the data minimisation principle of the data protection law”. Divij Joshi, a Tech Policy member at Mozilla, also recommends that draft Rule 4(5) be deleted, stating that the “requirement to identify and remove access to all ‘unlawful content proactively’ is vague and overbroad.”  In a joint letter written by a group of experts from the realms of research, academia, and media, including Faisal Farooqui, Karma Paljor, Nikhil Pahwa, Shamnad Basheer and professors from IIM Bangalore and IIT Bombay, Free Software Foundation Tamil Nadu, Free Software Movement of India, Free Software Movement Karnataka and Software Freedom Law Centre, India, to MeitY, the various issues that the rules could cause, such as the traceability requirements interfering with the privacy rights of citizens, were pointed out. The 2021 Rules have been challenged in three high courts across the country. The first one was brought to the Delhi High Court in March this year by the Foundation for Independent Journalism, a non-profit organisation running the news portal, The Wire. The Delhi High Court issued notice on this petition on the 9th of March. The next day, the Kerala High Court issued notice on another petition filed by the legal news portal Livelaw challenging the concerned rules. The court has also restrained the Centre from taking any coercive action against LiveLaw under the new regulations. Quint Digital Media Ltd., which runs the digital news website “The Quint”, has also filed a petition in the Delhi High Court. The Truth Pro Foundation India (TPFI) has also filed a petition in the Karnataka High Court. Praveen Arimbrathodiyil has filed another batch of petitions on the issue, a free-and-open-source (FOSS) programmer in the Kerala High Court and Advocate Sanjay Kumar Singh in the Delhi High Court.

Conclusion

The sanctity of privacy in a country like India, which is the largest democracy and has the 2nd largest population globally, must be respected. Freedom of speech and expression is the basic fundamental right of any democracy. The new rules regarding identifying the first originator could breach end-to-end encryption, and therefore, infringe the right to privacy. Other workarounds can be used instead to mitigate the spreading of fake news and any offence relating to the sovereignty and integrity of India. Dr Manoj Prabhakaran, a Professor at IIT Bombay, specialising in cryptography, submitted in his report that it is not clear if traceability serves as much of deterrence, given the prevalence of fake news spread openly through platforms like Twitter, Facebook, websites and even mass media.
Moreover, a message can be sent as a new message without forwarding it, thus creating multiple first originators. A feature could be introduced by the intermediaries letting the user tag a message as “not for sharing” or “for limited sharing”, thereby limiting the length of the chain in which the message can be shared or forwarded. Alternatively, viral messages could be marked and made available publicly so that fact-checkers could add comments to them. Subsequently, the WhatsApp client can display these comments alongside the message. Once the required technology is available, an offline or online spam filter can be designed to mark inappropriate and unreliable messages. This will discourage users from sharing such messages. Finally, the only long-term measure to counter the spread of fake news is education and information literacy. Such efforts will help to regulate the online world and make it a safe space for everyone.