Editorial: Avoid mass surveillance

Asking messaging platforms to share details about the first originator of a message can be counter-productive

Deepfake, the digital alteration of videos to spread false and misleading information, is the new-age menace, proving to be a major worry for governments across the world. Created by machine learning models using neural networks to manipulate images and videos, these deepfakes have the potential to trigger chaos in society. While solutions must be found to counter the misuse of technology tools, the overreach of the state authorities and invasion of privacy should be avoided. The central government’s plan to invoke a controversial law that would require messaging platforms like WhatsApp to share details about the first originator of a message could be counter-productive. It could lead to mass surveillance and violation of individuals’ right to privacy. The government must avoid the temptation to keep a watch on its citizens. The Centre’s move, ahead of the elections, appears to have been prompted by the spread of fake videos of politicians. Deepfakes are videos where a person’s face or body is changed to resemble someone else, and are often used to disseminate false information. There are fears that deepfakes will take the post-truth era to the next level, as it will be so easy for any citizen around the world to create and disseminate a highly realistic deepfake within a minute or two. Although there are positive use cases for this technology, deepfakes can have a major negative impact not only on personal interests but also on social institutions. These involve fraud, identity theft and reputational harm and undermining the media, the rule of law and democracy. In the Indian context, ahead of elections, there is no doubt that the spread of such videos involving leaders across the political spectrum can cause harm to the country’s electoral integrity.

However, the IT law provision that the government looks to invoke is at the centre of an intense debate, given that WhatsApp has called it a threat to its end-to-end encryption system. The popular messaging platform has also warned of potential mass surveillance if the measure is enforced. According to Section 4(2) of the IT Rules, 2021, online messaging companies will be required to divulge the identity of a person who first sends a particular message on their platform. The order for the requirement, generally referred to as traceability, can be passed either by a court or the government. However, it is doubtful whether complying with such an order is technically feasible because it will lead to breaking the security of the end-to-end encryption system and mass surveillance. In a recent development, the Tripura High Court stayed an order that directed WhatsApp to disclose the first originator of a chat containing a fake resignation letter of Chief Minister Manik Saha, questioning the extent of the threat to public order.