70 notices in 49 days: In its battle on deepfakes, Kolkata Police targets users not platforms

Crafting a compelling high-quality deepfake, whether video or audio, is not the easiest thing to do.

The Kolkata Police DCP (Cyber Crime)'s X account, which recently took action against a user who uploaded a deepfake video of West Bengal chief minister Mamata Banerjee, has sent at least 70 notices to social media users since March 19, directing them to remove allegedly inflammatory or defamatory content, according to a Moneycontrol analysis.

On May 6, the Kolkata Police issued a notice under Section 149 of the Criminal Procedure Code (CrPC) after a deepfake video of the West Bengal CM dancing was shared on the X platform, formerly known as Twitter.

"It has been observed that you are using social media for posting offensive, malicious and inciting posts. Cyber Police Station Kolkata hereby issues notice against you under Section 149 CrPC for posting such message," the May 6 notice, a photo of which was posted on the X platform by the police, said.

"You are hereby directed to delete the above mentioned post and also refrain from such acts failing which you will be liable for strict penal action under relevant provision of law," it added

Under Section 149 of the CrPC, police can intervene in situations where they believe a cognisable offence is about to happen. They are obliged to take action to prevent crime from happening.

70 notices in 49 days

Since March 19, the Kolkata Police DCP (Cyber Crime) has sent at least 70 notices to users for uploading allegedly inflammatory and defamatory content. This also coincides with the Lok Sabha elections called on March 16, which also brought into force the model code of conduct.

After the code kicked in, the Kolkata Police began asking for the removal of misleading and old videos portraying the state government negatively.

The notices, all under Section 149, appear to follow a template. For instance, the police acted against multiple users who uploaded and shared a video of motorcycles sporting saffron flags parked on a street, accompanied by a voice urging people to fight.

The caption read, "Khoob khela hobe! Dekhiye Didi k Raaj mein bhagwa bike rally k saath aisa salu kiya jaata hai (Khoob khela hobe (A TMC slogan)! See how a saffron bike rally is being treated in Didi (Mamata Banerjee's) state)”.

The police directed users to remove such posts.

Multiple fact-checking platforms found that the video was not from West Bengal but an old one from Odisha.

Banerjee’s Trinamool Congress is locked in a tight contest with the BJP in West Bengal. The BJP accuses the Trinamool of appeasing Muslims, while the TMC says the BJP wants to turn the country saffron with its aggressive brand of Hindutva.

Meanwhile, in another instance, the police ordered the removal of a video claiming a BJP worker was publicly hanged in Kolkata, labeling it as fake.

Moneycontrol has sent queries to the Kolkata Police and the article will be updated when a response is received.

‘Platforms not users should get notice’

Legal experts Moneycontrol spoke to said orders to remove such content are usually issued by the IT ministry and under the IT Act, 2000.

"These notices are issued to users and not platforms (which are governed by the IT Act). Section 149 CrPC does give power to police to prevent cognisable offences, however, using them to curb any speech (general or hate inducing) on any social media platform appears to be in the nature of pre-censorship. This is the first time that law enforcement agencies are using this section as the focal point is users and not the platform," Gauhar Mirza, Partner, Cyril Amarchand Mangaldas, said.

Manoj Singh, senior partner, Lex Panacea, said Section 149 applied only to cognisable offences “but the police cannot pass a wide order hampering the liberty of citizens. Unreasonable interference with the fundamental rights and ordinary liberties cannot be allowed”.

“The preventive steps by the police need to be taken with utmost care. Once a citizen is arrested or detained, he has to be dealt with under the law of the land and not according to the whims and fancies of such police officer,"  he said.

Deepfakes remain a concern 

Deepfakes and AI-generated misinformation remain a concern during the ongoing elections, prompting the Election Commission of India to request political parties to remove such videos within three hours.

"Whenever such deepfake audios/videos come to the notice of political parties, they shall immediately take down the post but maximum within a period of three hours and also identify and warn the responsible person within the party," the poll panel said on May 6.

The poll panel has asked political parties to not allow their social media handles to publish or circulate deepfake audios/videos.