DPDP Bill 2023 A Comparative Analysis

Introduction

The integration of Artificial Intelligence into our daily workflows has compelled global policymakers to develop legislative frameworks to govern its impact efficiently. The question that we arrive at here is: While AI is undoubtedly transforming global economies, who governs the transformation? The EU AI Act was the first of its kind legislation to govern Artificial Intelligence, making the EU a pioneer in the emerging technology regulation space. This blog analyses the EU's Draft AI Rules and Code of Practice, exploring their implications for ethics, innovation, and governance.

Background: The Need for AI Regulation

AI adoption has been happening at a rapid pace and is projected to contribute  $15.7 trillion to the global economy by 2030. The AI market size is expected to grow by at least 120% year-over-year. Both of these statistics have been stated in arguments citing concrete examples of AI risks (e.g., bias in recruitment tools, misinformation spread through deepfakes). Unlike the U.S., which relies on sector-specific regulations, the EU proposes a unified framework to address AI's challenges comprehensively, especially with the vacuum that exists in the governance of emerging technologies such as AI. It should be noted that the GDPR or the General Data Protection Regulation has been a success with its global influence on data privacy laws and has started a domino effect for the creation of privacy regulations all over the world. This precedent emphasises the EU's proactive approach towards regulations which are population-centric. 

Overview of the Draft EU AI Rules

This Draft General Purpose AI Code of Practice details the AI rules for the AI Act rules and the providers of general-purpose AI models with systemic risks. The European AI Office facilitated the drawing up of the code, and was chaired by independent experts and involved nearly 1000 stakeholders and EU member state representatives and observers both European and international observers.

14th November 2024 marks the publishing of the first draft of the EU’s General-Purpose AI Code of Practice, established by the EU AI Act. As per Article 56 of the EU AI Act, the code outlines the rules that operationalise the requirements, set out for General-Purpose AI (GPAI) model under Article 53 and GPAI models with systemic risks under Article 55. The AI Act is legislation that finds its base in product safety and relies on setting harmonised standards in order to support compliance. These harmonised standards are essentially sets of operational rules that have been established by the European Standardisation bodies, such as the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute. Industry experts, civil society and trade unions are translating the requirements set out by the EU sectoral legislation into the specific mandates set by the European Commission. The AI Act obligates the developers, deployers and users of AI on mandates for transparency, risk management and compliance mechanisms 

The Code of Practice for General Purpose AI

The most popular applications of GPAI include ChatGPT and other foundational models such as CoPilot from Microsoft, BERT  from Google, Llama from Meta AI and many others and they are under constant development and upgradation.  The 36-pages long draft Code of Practice for General Purpose AI is meant to serve as a roadmap for tech companies to comply with the AI Act and avoid paying penalties. It focuses on transparency, copyright compliance, risk assessment, and technical/governance risk mitigation as the core areas for the companies that are developing GPAIs. It also lays down guidelines that look to enable greater transparency on what goes into developing GPAIs. 

The Draft Code's provisions for risk assessment focus on preventing cyber attacks, large-scale discrimination, nuclear and misinformation risks, and the risk of the models acting autonomously without oversight. 

Policy Implications

The EU’s Draft AI Rules and Code of Practice represent a bold step in shaping the governance of general-purpose AI, positioning the EU as a global pioneer in responsible AI regulation. By prioritising harmonised standards, ethical safeguards, and risk mitigation, these rules aim to ensure AI benefits society while addressing its inherent risks. While the code is a welcome step, the compliance burdens on MSMEs and startups could hinder innovation, whereas, the voluntary nature of the Code raises concerns about accountability. Additionally, harmonising these ambitious standards with varying global frameworks, especially in regions like the U.S. and India, presents a significant challenge to achieving a cohesive global approach.

Conclusion

The EU’s initiative to regulate general-purpose AI aligns with its legacy of proactive governance, setting the stage for a transformative approach to balancing innovation with ethical accountability. However, challenges remain. Striking the right balance is crucial to avoid stifling innovation while ensuring robust enforcement and inclusivity for smaller players. Global collaboration is the next frontier. As the EU leads, the world must respond by building bridges between regional regulations and fostering a unified vision for AI governance. This demands active stakeholder engagement, adaptive frameworks, and a shared commitment to addressing emerging challenges in AI. The EU’s Draft AI Rules are not just about regulation, they are about leading a global conversation. 

References

• https://indianexpress.com/article/technology/artificial-intelligence/new-eu-ai-code-of-practice-draft-rules-9671152/ 
• https://digital-strategy.ec.europa.eu/en/policies/ai-code-practice 
• https://www.csis.org/analysis/eu-code-practice-general-purpose-ai-key-takeaways-first-draft#:~:text=Drafting%20of%20the%20Code%20of%20Practice%20is%20taking%20place%20under,the%20drafting%20of%20the%20code. 
• https://copyrightblog.kluweriplaw.com/2024/12/16/first-draft-of-the-general-purpose-ai-code-of-practice-has-been-released/

Introduction

In the digital entertainment world, OTT platforms have become highly popular and have attracted larger audiences. They offer a wide variety of entertaining content. However, there are certain concerns about depicting illicit or objectionable content on such platforms. The Indian Ministry of Information and Broadcasting (I&B) has been working on tackling issues like the availability of obscene content on online streaming platforms and other platforms. I&B Ministry has taken important steps to prevent the spread of such illicit or objectionable content.

The I&B Ministry has taken action against obscene and vulgar content on OTT platforms. A total 18 OTT platforms and several associated websites, apps, and social media handles have been blocked nationwide. The government has been in consistent talks with these platforms and issued several advisories, but they have not been adhered to. The decision was made after consultation with other ministries, domain experts, and industry bodies. The content allegedly obscene was found to depict nudity, sexual intercourse, and inappropriate sexual acts within societal contexts. The government states that it is the responsibility of platforms to ensure that content is not present in a vulgar fashion. Creativities do not necessarily mean promoting or propagating vulgar and sexual content.

Key Highlights of I&B Ministry Action against Obscene Content

On 14th March 2024, The Indian Ministry of Information and Broadcasting (I&B) announced the blocking of 18 OTT platforms, 19 Websites, 10 apps, and 57 social media handles for displaying obscene and vulgar content. Union Minister for Information & Broadcasting Shri Anurag Singh Thakur has announced the removal of 18 OTT platforms that published obscene and vulgar content, underscoring the responsibility of platforms to prevent the spread of such content. The decision was made under the Information Technology Act 2000 and in consultation with other Indian ministries and domain experts in media, entertainment, women's rights, and child rights.

List of Blocked OTT Platforms

OTT platforms that have been blocked are Dreams Films, Voovi, Yessma, Uncut Adda, Tri Flicks, X Prime, Neon X VIP, Besharams, Hunters, Rabbit, Xtramood, Nuefliks, MoodX, Mojflix, Hot Shots VIP, Fugi, Chikooflix, Prime Play.

It was highlighted that these OTT platforms, despite not being widely popular, have a significant viewership. One app has over 1 crore downloads, while two others have more than 50 lakh downloads on Google Play Store. These platforms also market their content through social media, with a combined followership of over 32 lakh.

Nature of content

The ministry reported that a significant portion of the content on social media platforms was obscene, vulgar, and demeaning, depicting nudity and sexual acts in inappropriate contexts like teacher-student relationships and incestuous family relationships. The content included sexual innuendos and prolonged pornographic scenes without any thematic or societal relevance. It was further stated that the content was found to be prima facie in violation of Section 67 and 67A of the Information & Technology Act, 2000, Section 292 of the Indian Penal Code and  Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986.

Way Forward

The press release by the ministry stated that “The Government of India remains committed to fostering the growth and development of the OTT industry. Several measures have been undertaken in this regard, including the introduction of the Inaugural OTT Award for Web Series at the 54th International Film Festival of India, collaboration with OTT platforms in the media and entertainment sector, and the establishment of a light touch regulatory framework with an emphasis on self-regulation under the IT Rules, 2021.”

This shows that the Indian government is dedicated to promoting the growth of the OTT industry but within certain checks or oversight mechanisms to prevent illicit or objectionable content on such platforms.

OTT Content and Regulatory Checks

Online content streaming on OTT platforms lacks regulatory checks, unlike films, which are reviewed and certified by a government-appointed board. The government has instructed streaming services to independently review content for obscenity and violence before it is made available online. There have been repeated instances where criticism has been raised about the illicit or violative depicted content in some OTT shows. This highlights the issue of checks and balances. The government has urged self-regulation on platforms, but the repeated instances of illicit content raise societal concerns. The Ministry of I&B is keen towards promoting ethical & moral standards of content that is being hosted on online OTT platforms.

Conclusion

The Ministry of I&B has taken a step and announced the shutdown of 18 OTT platforms that were engaged in depicting illicit content. This shows that the I&B Ministry is committed to promoting ethical online content. While legislative measures are required to prevent the spread of such illicit or violative content, joint efforts by the government, industry players, and civil society are critical to ensuring a secure and responsible digital environment for all users.

References

• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2014477
• https://www.thehindu.com/news/national/centre-bans-ott-platforms-websites-and-apps-over-obscene-and-vulgar-content/article67949819.ece
• https://economictimes.indiatimes.com/news/india/ib-ministry-blocks-18-ott-platforms-for-vulgar-content/articleshow/108485880.cms?from=mdr
• https://indianexpress.com/article/entertainment/information-and-broadcasting-ministry-blocks-18-ott-platforms-for-obscene-and-vulgar-content-9213749/
• https://www.storyboard18.com/ott-news/mib-blocks-18-ott-platforms-for-showing-obscene-and-vulgar-content-26400.htm

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Introduction

Indian Cybercrime Coordination Centre (I4C) was established by the Ministry of Home Affairs  (MHA) to provide a framework for law enforcement agencies (LEAs) to deal with cybercrime in a coordinated and comprehensive manner. The Indian Ministry of Home Affairs approved a scheme for the establishment of the Indian Cyber Crime Coordination Centre (I4C) in October 2018.  I4C is actively working towards initiatives to combat the emerging threats in cyberspace and it has become a strong pillar of India’s cyber security and cybercrime prevention. The ‘National Cyber Crime Reporting Portal’ equipped with a 24x7 helpline number 1930,  is one of the key components of the I4C.

On 10 September 2024, I4Ccelebrated its foundation day for the first time at Vigyan Bhawan, New Delhi.  This celebration marked a major milestone in India’s efforts against cybercrimes and in enhancing its cybersecurity infrastructure. Union Home Minister and Minister of Cooperation, Shri Amit Shah, launched key initiatives aimed at strengthening the country’s cybersecurity landscape.

Launch of Key Initiatives to Strengthen Cybersecurity

1. Cyber ​​Fraud Mitigation Centre (CFMC): As a     product of Prime Minister Shri Narendra Modi’s vision, the Cyber Fraud     Mitigation Centre (CFMC), was incorporated to bring together banks,     financial institutions, telecom companies, Internet Service Providers, and     law enforcement agencies on a single platform to tackle online financial     crimes efficiently. This integrated approach is     expected to minimise the time required to streamline operations and to     track and neutralise cyber fraud.
2. Cyber ​​Commando: The Cyber Commandos Program is an initiative in which     a specialised wing of trained Cyber Commandos will be established in     states, Union Territories, and Central Police Organizations. These     commandos will work to secure the nation’s digital space and counter     rising cyber threats. They will form the first line of defence in     safeguarding India from the growing cyber threats.
3. Samanvay Platform: The Samanvay platform is a web-based Joint Cybercrime     Investigation Facility System that was introduced as a one-stop data     repository for cybercrime. It facilitates cybercrime mapping, data     analytics, and cooperation among law enforcement agencies across the     country. This will play a pivotal role in fostering collaborations in     combating cybercrimes. Mr. Shah recognised the Samanvay platform as a     crucial step in fostering data sharing and collaboration. He called for a     shift from the “need to know” principle to a “duty to share” mindset in     dealing with cyber threats. The Samanvay platform will serve as India’s     first shared data repository, significantly enhancing the country’s     cybercrime response.
4. Suspect Registry: The Suspect Registry Portal is a national-level     platform that has been designed to track cybercriminals. The portal     registry will be connected to the National Cybercrime Reporting Portal     (NCRP) which aims to help banks, financial intermediaries, and law enforcement     agencies strengthen fraud risk management. The     initiative is expected to improve the real-time tracking of cyber     suspects, preventing repeat offences and improving fraud detection     mechanisms.

Rising Digitalization: Prioritizing Cybersecurity

The number of internet users in India has grown from 25 crores in 2014 to 95 crores in 2024, accompanied by a 78-foldincrease in data consumption. This growth is echoed in the number of growing cybersecurity challenges in the digital era. With the rise of digital transactions through Jan Dhan accounts, Rupay debit cards, and UPI systems, Shri Shah underscored the growing threat of digital fraud. He emphasised the need to protect personal data, prevent online harassment, and counter misinformation, fake news, and child abuse in the digital space.

The three new criminal laws, the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), which aim to strengthen India’s legal framework for cybercrime prevention, were also referred to in the address bythe Home Minister. These laws incorporate tech-driven solutions that will ensure investigations are conducted scientifically and effectively.

Mr. Shah emphasised popularising the 1930Cyber Crime Helpline. Additionally, he noted that I4C has issued over 600advisories, blocked numerous websites and social media pages operated by cybercriminals, and established a National Cyber Forensic Laboratory in Delhi. Over 1,100 officers have already received cyber forensics training under theI4C umbrella.

In response to the regional cybercrime challenges, the formation of Joint Cyber Coordination Teams in cybercrime hotspot areas like Mewat, Jamtara, Ahmedabad, Hyderabad, Chandigarh, Visakhapatnam and Guwahati was highlighted as a coordinated response to local cybercrime hotspot issues.

Conclusion

With the launch of initiatives like the Cyber Fraud Mitigation Centre, the Samanvay platform, and the Cyber Commandos Program, I4C is positioned to play a crucial role in combating cybercrime. The I4C is moving forward with a clear vision for a secure digital future and safeguarding India's digital ecosystem.

References:

●     https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2053438

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