MAP - MOKSHA ANSWER PRACTICE

DAY 60

Topic: Role of media and social networking sites in internal security

challenge

Q1. Evaluate the role of traditional media and social networking platforms in
spreading misinformation and fake news during internal conflicts. What
measures can be taken to counter the misuse of these platforms while
maintaining freedom of expression?

Traditional media and social networking platforms play crucial roles in disseminating
information during internal conflicts. However, they are also frequently misused to spread
misinformation and fake news, exacerbating tensions and leading to social unrest. India,
being a highly connected society with a vast social media user base, has witnessed instances
where both traditional and social media have been used to fuel communal violence and
spread political propaganda. Balancing the freedom of expression with the need to
prevent the spread of false information presents a significant challenge.

Role of Traditional Media in Spreading Misinformation:

1. Sensationalism and Bias: Traditional media outlets, particularly television news

channels and certain newspapers, often prioritize sensationalism to attract higher
TRP ratings. This can lead to the amplification of unverified information or biased
reporting during conflicts. For example, during the Delhi riots (2020), certain
channels were accused of presenting communally charged narratives, contributing
to the polarization of communities.
2. Partisan Reporting: In India, media houses are often linked to political affiliations,
and their coverage can reflect these biases. In times of conflict, such biases can
distort the facts and sensationalize events, further dividing public opinion.

Role of Social Networking Platforms in Spreading Misinformation:

1. Virality and Reach: Social networking platforms like Facebook, Twitter, and
WhatsApp allow information to spread rapidly, reaching millions within a short span.
Misinformation can go viral before authorities have a chance to counter it, leading to
panic and misunderstandings. During the Muzaffarnagar riots (2013), for instance,
fake videos circulated on WhatsApp played a significant role in escalating communal
tensions.
2. Algorithmic Amplification: Social media platforms use algorithms to promote
content based on user preferences, often creating echo chambers where users are
only exposed to information that aligns with their pre-existing beliefs. This amplifies
fake news and misinformation, especially during sensitive periods like elections or
communal unrest.
3. Anonymous Messaging: Platforms like WhatsApp and Telegram, which provide end-
to-end encryption and allow users to communicate anonymously, have been
exploited to spread rumors and fake news. For example, during the COVID-19

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 lockdown, there was a surge in false messages about government policies, causing
confusion and fear among the public.

Measures to Counter the Misuse of Media Platforms:

1. Strengthening Fact-Checking Mechanisms:

o Traditional media outlets must adopt stringent fact-checking protocols to
ensure accuracy before broadcasting or publishing news, especially during
conflicts.
o Social media companies should collaborate with fact-checking agencies like
Alt News and Boom Live to flag and remove false content swiftly. For instance,
Twitter India has already implemented a system for labeling potentially
misleading tweets during the 2020 Bihar elections.
2. Regulation and Accountability:
o The government can introduce frameworks to regulate the spread of
misinformation on social media without compromising freedom of expression.
The Information Technology (Intermediary Guidelines and Digital Media
Ethics Code) Rules, 2021, mandate social media platforms to appoint
grievance officers and enable traceability of the origin of problematic content.
o Media regulators like the Press Council of India (PCI) should take stronger
action against news channels and newspapers that violate journalistic ethics
during sensitive periods.
3. Promoting Digital Literacy:
o Educating the public about the dangers of fake news through awareness
campaigns is critical. Programs like Google's 'Internet Saathi' initiative have
successfully promoted digital literacy among rural women in India, equipping
them with the tools to discern fake news from verified information.
4. Collaborating with Tech Platforms:
o The Indian government can work more closely with tech companies to ensure
real-time identification and removal of hate speech and false information.
Social media platforms like Facebook and YouTube have already adopted
artificial intelligence tools to identify and block hate speech. However, these
systems need to be further refined to address local languages and context-
specific issues in India.
5. Encouraging Responsible Journalism:
o Media houses should follow the principles of objective journalism and resist
the temptation to engage in sensationalism. The Broadcast Editors’
Association (BEA) and similar organizations should ensure adherence to
ethical standards and issue penalties for violating them.
6. Legal Framework:
o Laws like the Information Technology Act, 2000, and Section 505 of the
Indian Penal Code, which deals with statements creating or promoting enmity,
must be enforced more effectively to penalize individuals or groups deliberately
spreading fake news during internal conflicts. At the same time, care must be
taken to avoid censorship or the misuse of these laws to stifle legitimate
criticism.

Balancing Freedom of Expression and Security:

While countering fake news is essential for maintaining internal security, any measures
taken should respect the fundamental right to freedom of speech and expression
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guaranteed by Article 19(1)(a) of the Indian Constitution. Excessive regulation or
government overreach could stifle legitimate dissent and undermine democratic principles.
Therefore, the focus should be on promoting accountability and transparency, both in
traditional and social media.

Conclusion:

Both traditional media and social networking platforms have a responsibility to

ensure that they do not become instruments for spreading misinformation during internal
conflicts. While it is critical to curb fake news, this must be done without eroding freedom
of expression. Strengthening fact-checking, improving media regulation, and fostering
digital literacy are key to addressing these challenges, ensuring that media continues to
play a constructive role in society. By fostering a balanced regulatory framework, India can
effectively combat the spread of fake news while safeguarding its democratic values.

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Q2. Analyze the contribution of media and social networking sites in intelligence
gathering for law enforcement agencies. What are the legal and ethical challenges
involved in using social media as a surveillance tool for internal security?

In today’s digital age, media and social networking platforms have become essential
tools for intelligence gathering by law enforcement agencies. These platforms provide vast
amounts of data that can be analyzed to monitor criminal activities, radicalization, and
terrorist recruitment. India, with its extensive use of social media, has leveraged these
platforms for intelligence purposes, especially in maintaining internal security. However,
the use of social media as a surveillance tool raises significant legal and ethical
challenges, balancing the need for security with the protection of individual privacy and
civil liberties.

Contribution of Media and Social Networking Sites in Intelligence Gathering:

1. Real-Time Monitoring and Situational Awareness:

o Social networking platforms provide law enforcement agencies with real-time
updates about ongoing situations, particularly during crises such as riots,
protests, and terrorist attacks. For example, during the Delhi riots of 2020,
authorities monitored social media posts to track crowd movements, identify
key instigators, and issue alerts to prevent escalation.
2. Tracking Criminal Networks:
o Social media platforms help law enforcement agencies monitor gang activities,
drug trafficking, and illegal arms deals. For example, Facebook and
WhatsApp have been used by police to track and infiltrate drug rings in cities
like Mumbai and Delhi, providing valuable intelligence on criminal networks.
3. Terrorist Recruitment and Radicalization:
o Platforms like Telegram, WhatsApp, and Twitter are commonly used for
terrorist recruitment and radicalization efforts. Law enforcement agencies
have successfully tracked and disrupted terrorist cells in India by monitoring
the online activities of groups like ISIS and Jaish-e-Mohammed, who use
these platforms to spread propaganda.
4. Sentiment Analysis:
o Social media platforms offer a wealth of data that can be analyzed to gauge
public sentiment on issues like government policies, law enforcement
actions, or social unrest. During times of political tension, authorities use
sentiment analysis tools to measure the likelihood of civil unrest and identify
regions prone to violence.
5. Crowdsourcing Information:
o Social media platforms allow for crowdsourcing intelligence from citizens. The
Delhi Police and Mumbai Police have encouraged citizens to report suspicious
activities via social media, leading to the timely intervention in multiple
criminal cases.

Legal Challenges in Using Social Media for Intelligence Gathering:

1. Right to Privacy:
o The Supreme Court of India in its landmark ruling in Justice K.S.
Puttaswamy v. Union of India (2017) recognized the right to privacy as a
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 fundamental right under Article 21. Surveillance on social media, especially
without proper safeguards, can infringe on this right. Law enforcement
agencies must balance intelligence-gathering efforts with citizens' right to
privacy.
2. Lack of Clear Regulations:
o India's laws regarding the surveillance of digital platforms remain ambiguous.
While the Information Technology (IT) Act, 2000, and its amendments
provide some guidelines, there is no specific framework governing the use of
social media for intelligence purposes. The Intermediary Guidelines (2021)
mandate the removal of unlawful content, but they do not address how and
when law enforcement can access private communication.
3. Data Localization and Cross-Border Access:
o Many social media platforms operate under global jurisdictions, complicating
intelligence gathering for Indian agencies. For instance, WhatsApp’s parent
company, Meta, is based in the US, leading to delays in accessing user data
during investigations. The issue of data localization, as mandated by the
Reserve Bank of India (RBI), further complicates access to information across
borders.
4. Legal Recourse Against Misuse:
o There is a growing concern about potential misuse of surveillance, where law
enforcement agencies may access individuals' social media data for reasons
beyond national security. India’s Personal Data Protection Bill, which has yet
to be fully enacted, could play a critical role in protecting against such misuse,
though its future is still uncertain.

Ethical Challenges in Using Social Media for Intelligence Gathering:

1. Mass Surveillance vs. Targeted Surveillance:

o Mass surveillance using social media platforms raises serious ethical concerns
as it can lead to the profiling of individuals based on their online behavior, even
if they are not involved in criminal activity. The issue of “overreach” by the
government is frequently raised, particularly in cases where activists and
journalists have been targeted, such as in the alleged misuse of the Pegasus
spyware.
2. Chilling Effect on Freedom of Expression:
o The constant monitoring of online activity can create a chilling effect,
discouraging individuals from expressing their opinions or participating in
public discourse. Platforms like Twitter and Facebook are critical for dissent
and political expression, and excessive surveillance could stifle free speech, a
violation of Article 19 of the Indian Constitution, which guarantees freedom
of speech and expression.
3. Profiling and Discrimination:
o Intelligence gathering via social media can lead to profiling based on race,
religion, or political views. There have been instances where minority
communities have been disproportionately targeted for surveillance,
particularly during communal riots or terrorist investigations. For example,
Muslim users in Kashmir have expressed concerns about being under constant
digital surveillance, which may violate their civil rights.
4. Lack of Transparency:
o The covert nature of intelligence gathering on social media makes it difficult to
ensure accountability and transparency. There are no established guidelines to
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 notify individuals that they are being monitored or provide them with recourse
to challenge surveillance actions, raising concerns about the lack of due
process.

Measures to Address Legal and Ethical Concerns:

1. Clear Legal Framework:

o A robust legal framework governing the use of social media for intelligence
gathering should be established. This could include provisions for judicial
oversight and parliamentary scrutiny to prevent misuse of surveillance
powers, ensuring that law enforcement acts within a legal and accountable
structure.
2. Public Awareness and Transparency:
o Law enforcement agencies should maintain a balance between confidentiality
and transparency. This could involve publishing transparency reports that
outline the extent and scope of social media surveillance, similar to what tech
companies like Google and Facebook already do.
3. Encryption and Data Access:
o While end-to-end encryption ensures privacy, it also complicates law
enforcement efforts. A balanced approach should be taken, perhaps adopting a
framework like India’s proposed Data Access and Retention Policy, where
encrypted platforms must cooperate with authorities during investigations but
only under strict legal provisions to prevent abuse.
4. Ethical Use of Data Analytics:
o Law enforcement agencies should implement ethical guidelines in using AI
and big data analytics for monitoring social media platforms, ensuring that
profiling does not lead to discrimination or unwarranted surveillance of
minority communities or political dissenters.

Conclusion:

The use of social media and traditional media in intelligence gathering has become
indispensable for ensuring internal security. However, this comes with significant legal and
ethical challenges that need to be addressed through a balanced approach. India’s security
apparatus must evolve to meet these challenges, ensuring that individual privacy and civil
liberties are respected while maintaining the country’s internal security. Developing clear
regulations, improving transparency, and ensuring accountability will be key to managing
the complex interplay between national security and individual rights in the digital age.

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