Fake News and Disinformation

Why in news?

• According to the International Fact-checking Network (IFCN), a range of threats like misinformation, and deep fakes are recognised amidst the Lok Sabha polls in India.

Fake News and Disinformation:

• It is defined as false news stories, meaning the story itself is fabricated and has no verifiable facts, sources or quotes.
• Sometimes these stories may be propaganda, intentionally designed to mislead the reader, or they may be ‘clickbait’.
• Some checks and balances exist in the mainstream media against fake news, but social media does not have such a mechanism.

Impact of Fake News and Disinformation:

• Threat to Democratic Processes: Fake news and disinformation can influence public opinion, interfere with elections, and even incite violence. Misinformation spread on social media platforms can sway voters’ opinions.
• Affects social & communal harmony: By spreading extremists’ ideologies especially in sensitive areas like radicalization of youths, inciting violence and hatred among the communities, swinging public opinions etc.
• Role of Technology: Artificial Intelligence (AI) and digital technology have been used to spread fake news and disinformation, posing threats to democracy.
• South Korean President Yoon Suk Yeol, during a global summit, highlighted that fake news and disinformation based on AI and digital technology not only violate individual freedom and human rights but also threaten democratic systems.
• Impact on Trust and Social Cohesion: The prevalence of falsehoods heightens political polarisation, decreases trust in public institutions, and undermines democracy. Misinformation can create divisions within society, fueling conflict and misunderstanding.

Challenges in controlling the Fake News:

• No standard definition: The term ‘fake news’ is vague and there is no official definition of what constitutes fake news.
• Lack of regulation: Self-regulation by mainstream media has largely been ineffective.
• Any direct effort by the government to control fake news is prone to be seen as an assault on the freedom of media which functions as the fourth pillar of democracy.
• Difficult to achieve balance: The efforts to control fake news should not threaten to cramp legitimate investigative and source-based journalism or freedom of expression as guaranteed in Article 19 of the Constitution.
• Also, distinguishing between the conscious fabrication of news reports and news reports put out in the belief that they are accurate.
• Tracking fake news on social media: The vastness of the internet users and social media users makes tracing the origin of fake news almost impossible.

Legal remedies available to tackle this menace:

• Indian Broadcast Foundation (IBF): This body was created in 1999 to look into the complaints against content aired by 24×7 channels.
• The Press Council of India: It is created by an Act of Parliament, is a statutory body and keeps vigil on fake news. It can warn, admonish or censure the newspaper, the news agency.
• IPC Sections 153A and 295: Under this action can be initiated against someone creating or spreading fake news if it can be termed as hate speech.
• Broadcasting Content Complaint Council (BCCC): A complaint relating to objectionable TV content or fake news can be filed to the Broadcasting Content Complaints Council.
• Defamation Suit: IPC Section 499 makes defamation a criminal offence. Section 500 provides for punishment for criminal defamation.
• The Information Technology (IT) Act: It imposes an obligation on intermediaries such as search engine giant Google to remove any objectionable content pursuant to takedown notices by law enforcement agencies.
• Contempt of Court laws: False stories about judicial proceedings would be covered by contempt of court laws and false stories about Parliament and other legislative bodies would violate privilege.
• The Constitution of India provides a long-term solution under Article 51A (h), which says, “It shall be the duty of every citizen to develop the scientific temper, humanism and the spirit of inquiry and reform.

Suggestive Measure:

• Role of Artificial Intelligence: AI has emerged as a powerful tool to fight the ever-growing menace of ‘infodemic’.
• AI capabilities can detect fake news, identify forged videos, and disseminate the correct information through chatbots.
• Tech Giants’ Initiatives: Tech giants like Google have announced their efforts to fight misinformation in India through their products, programs, and partnerships.
• Google has introduced the ‘About This Result’ feature that will let users evaluate the information and understand its source.
• Homeland Security Advisory Council: It has released a report on disinformation best practices and safeguards, presented an assessment and recommendations to address disinformation that poses a threat to the homeland while protecting civil rights and providing greater transparency across this work.

Directorate of Enforcement (ED)

Why in news?

• The Tamil Nadu government and the Collectors informed the SC that they had written to the ED expressing their inability to appear in person due to General Elections.

About Directorate of Enforcement (ED)

• Established: It was established in 1956 with the formation of an ‘Enforcement Unit’ under the aegis of the Department of Economic Affairs and handles Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947 (FERA 1947).
• A year later, the Enforcement Unit was renamed the Enforcement Directorate.
• It is a multi-disciplinary organization mandated with investigation of the offence of money laundering and violations of foreign exchange laws.

The statutory functions of the Directorate include enforcement of following Acts:

• The Prevention of Money Laundering Act, 2002 (PMLA): It is a criminal law enacted to prevent money, ED has been given the responsibility to enforce the provisions of the PMLA.
• It does so by conducting investigation to trace the assets derived from proceeds of crime, to provisionally attach the property and to ensure prosecution of the offenders and confiscation of the property by the Special court.
• The Foreign Exchange Management Act, 1999 (FEMA): It is a civil law enacted to consolidate and amend the laws relating to facilitate external trade and payments.
• ED has been given the responsibility to conduct investigation into suspected contraventions of foreign exchange laws and regulations, to adjudicate and impose penalties on those adjudged to have contravened the law.
• The Fugitive Economic Offenders Act, 2018 (FEOA): This law was enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts.
• It is a law whereby the Directorate is mandated to attach the properties of the fugitive economic offenders who have escaped from India warranting arrest and provide for the confiscation of their properties to the Central Government.

What Powers does the ED have?

• The ED has extensive powers to investigate and act against individuals violating enforced laws, including special powers for confiscating disproportionate assets under the PMLA Act.
• Summon an individual whose attendance is essential, whether to give evidence or to produce any records, during investigation or proceedings.

Challenges in the Functioning of ED:

• Overburdened and Lengthy Investigations: Investigations conducted by the ED are relatively long in duration due to the complexity of financial transactions involved, legal hurdles, and the need for coordination with other agencies.
• This leads to delays in timely action against economic offenders.
• Political Interference: There have been allegations of political interference in the functioning of the ED, particularly in high-profile cases involving influential individuals or organizations.
• Political pressure undermines the independence and impartiality of the agency.
• Lack of Coordination: Coordination between various law enforcement agencies, such as the Central Bureau of Investigation (CBI), Securities and Exchange Board of India (SEBI), and state police forces, is crucial for effective investigation and prosecution of financial crimes.
• However, there have been instances of inadequate coordination and communication among these agencies, leading to inefficiencies and duplication of efforts.
• Legal Challenges: Legal challenges, including delays in court proceedings, interpretation of legal provisions, and limitations in the legal framework, impede the ED’s efforts to prosecute economic offenders and recover proceeds of crime.
• International Cooperation: Given the global nature of financial crimes, international cooperation and mutual legal assistance are crucial for investigating cross-border transactions and recovering assets held abroad.
• Challenges such as differences in legal systems, jurisdictional issues, and diplomatic complexities often hinder effective collaboration with foreign law enforcement agencies.

Way Ahead

• Addressing the challenges requires concerted efforts by the government to strengthen the institutional capacity of the ED, enhance coordination with other agencies, ensure independence and autonomy, and provide adequate resources and training to its personnel.
• Additionally, reforms in the legal framework and international cooperation mechanisms can further enhance the ED’s effectiveness in combating financial crimes and promoting financial integrity.