#FactCheck - Afghan Cricket Team's Chant Misrepresented in Viral Video

Introduction

Rajeev Chandrasekhar, Minister of State at the Ministry of Electronics and Information Technology, has emphasised the need for an open internet. He stated that no platform can deny content creators access to distribute and monetise content and that large technology companies have begun to play a significant role in the digital evolution. Chandrasekhar emphasised that the government does not want the internet or monetisation to be in the purview of just one or two companies and does not want 120 crore Indians on the internet in 2025 to be catered to by big islands on the internet.

The Voice for Open Internet 

India's Minister of State for IT, Rajeev Chandrasekhar, has stated that no technology company or social media platform can deny content creators access to distribute and monetise their content. Speaking at the Digital News Publishers Association Conference in Delhi, Chandrasekhar emphasized that the government does not want the internet or monetization of the internet to be in the hands of just one or two companies. He argued that the government does not like monopoly or duopoly and does not want 120 crore Indians on the Internet in 2025 to be catered to by big islands on the internet.

Chandrasekhar highlighted that large technology companies have begun to exert influence when it comes to the dissemination of content, which has become an area of concern for publishers and content creators. He stated that if any platform finds it necessary to block any content, they need to give reasons or grounds to the creators, stating that the content is violating norms.

As India tries to establish itself as an innovator in the technology sector, a recent corpus of Rs 1 lakh crore was announced by the government in the interim Budget of 2024-25. As big companies continue to tighten their stronghold on the sector, content moderation has become crucial. Under the IT Rules Act, 11 types of categories are unlawful under IT Act and criminal law. Platforms must ensure no user posts content that falls under these categories, take down any such content, and gateway users to either de-platforming or prosecuting. Chandrasekhar believes that the government has to protect the fundamental rights of people and emphasises legislative guardrails to ensure platforms are accountable for the correctness of the content.

Monetizing Content on the Platform

No platform can deny a content creator access to the platform to distribute and monetise it,' Chandrasekhar declared, boldly laying down a gauntlet that defies the prevailing norms. This tenet signals a nascent dawn where creators may envision reaping the rewards borne of their creative endeavours unfettered by platform restrictions.

An increasingly contentious issue that shadows this debate is the moderation of content within the digital realm. In this vast uncharted expanse, the powers that be within these monolithic platforms assume the mantle of vigilance—policing the digital avenues for transgressions against a conscribed code of conduct. Under the stipulations of India's IT Rules Act, for example, platforms are duty-bound to interdict user content that strays into territories encompassing a spectrum of 11 delineated unlawful categories. Violations span the gamut from the infringement of intellectual property rights to the propagation of misinformation—each category necessitating swift and decisive intervention. He raised the alarm against misinformation—a malignant growth fed by the fertile soils of innovation—a phenomenon wherein media reports chillingly suggest that up to half of the information circulating on the internet might be a mere fabrication, a misleading simulacrum of authenticity.

The government's stance, as expounded by Chandrasekhar, pivots on an axis of safeguarding citizens' fundamental rights, compelling digital platforms to shoulder the responsibility of arbiters of truth. 'We are a nation of over 90 crores today, a nation progressing with vigour, yet we find ourselves beset by those who wish us ill,' 

Upcoming Digital India Act

Awaiting upon the horizon, India's proposed Digital India Act (DIA), still in its embryonic stage of pre-consultation deliberation, seeks to sculpt these asymmetries into a more balanced form. Chandrasekhar hinted at the potential inclusion within the DIA of regulatory measures that would sculpt the interactions between platforms and the mosaic of content creators who inhabit them. Although specifics await the crucible of public discourse and the formalities of consultation, indications of a maturing framework are palpable.

Conclusion 

It is essential that the fable of digital transformation reverberates with the voices of individual creators, the very lifeblood propelling the vibrant heartbeat of the internet's culture. These are the voices that must echo at the centre stage of policy deliberations and legislative assembly halls; these are the visions that must guide us, and these are the rights that we must uphold. As we stand upon the precipice of a nascent digital age, the decisions we forge at this moment will cascade into the morrow and define the internet of our future. This internet must eternally stand as a bastion of freedom, of ceaseless innovation and as a realm of boundless opportunity for every soul that ventures into its infinite expanse with responsible use. 

References 

• https://www.financialexpress.com/business/brandwagon-no-platform-can-deny-a-content-creator-access-to-distribute-and-monetise-content-says-mos-it-rajeev-chandrasekhar-3386388/
• https://indianexpress.com/article/india/meta-content-monetisation-social-media-it-rules-rajeev-chandrasekhar-9147334/
• https://www.medianama.com/2024/02/223-rajeev-chandrasekhar-content-creators-publishers/

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According to Statista, the number of users in India's digital assets market is expected to reach 107.30m users by 2025 (Impacts of Inflation on Financial Markets, August 2023). India's digital asset market has been experiencing exponential growth fueled by the increased adoption of cryptocurrencies and blockchain technology. This furthers the need for its regulation. Digital assets include cryptocurrencies, NFTs, asset-backed tokens, and tokenised real estate. 

India has defined Digital Assets under Section 47(A) of the Income Tax Act, 1961. The Finance Act 2022-23 has added the word 'virtual' to make it “Virtual Digital Assets”. A “virtual digital asset” is any information or code, number, or token, created through cryptographic methods or otherwise, by any name, giving a digital representation of value exchanged with or without consideration. A VDA should contain an inherent value and represent a store of value or unit of account, functional in any financial transaction or investment. These can be stored,  transferred, or traded in electronic format. 

Digital Asset Governance: Update and Future Outlook

Indian regulators have been conservative in their approach towards digital assets, with the Reserve Bank of India first issuing directions against cryptocurrency transactions in 2018. This ban was removed by the Supreme Court through a court order in 2020. The presentation of the Cryptocurrency and Regulation of Official Digital Currency Bill of 2021 is a fairly important milestone in its attempts to lay down the framework for issuing an official digital currency by the Reserve Bank of India. While some digital assets seem to have potential, like the Central Bank Digital Currencies (CBDCs) and blockchain-based financial applications, a blanket prohibition has been enforced on private cryptocurrencies.

However, in more recent trends, the landscape is changing as the RBI's CBDC is to provide a state-backed digital alternative to cash under a more structured regulatory framework. This move seeks to balance state control with innovation on investor safety and compliance, expecting to reduce risk and enhance security for investors by enacting strict anti-money laundering and know-your-customer laws. Highlighting these developments is important to examine how global regulatory trends influence India's digital asset policies.

Impact of Global Development on India’s Approach 

Global regulatory developments have an impact on Indian policies on digital assets. The European Union's Markets in Crypto-assets (MiCA) is to introduce a comprehensive regulatory framework for cryptocurrencies that could act as an inspiration for India. MiCA regulation covers crypto-assets that are not currently regulated by existing financial services legislation. Its particular focus on consumer protection and market integrity resonates with India in terms of investigating needs related to digital assets, including fraud and price volatility. Additionally, evolving policies in the US, such as regulating crypto exchanges and classifying certain tokens as securities, could also form the basis for India's regulatory posture.

Collaboration on the international level is also a chief contributing factor. India’s regular participation in global forums like the G20, facilitates an opportunity to align its regulations on digital assets with other countries, tending toward an even more standardised and predictable framework for cross-border transactions. This can significantly help India given that the nation  has a huge diaspora providing a critical inflow of remuneration.

CyberPeace Outlook

Though digital assets offer many opportunities to India, challenges also exist. Cryptocurrency volatility affects investors, posing concerns over fraud and illicit dealings. A balance between the need for innovation and investor protection is paramount to avoid killing the growth of India's digital asset ecosystem with overly restrictive regulations.

Financial inclusion, efficient cross-border payments with low transaction costs, and the opening of investment opportunities are a few opportunities offered by digital assets. For example, the tokenisation of real estate throws open real estate investment to smaller investors. To strengthen the opportunities while addressing challenges, some policy reforms and new frameworks might prove beneficial. 

CyberPeace Policy Recommendations

• Establish a regulatory sandbox for startups working in the area of blockchain and digital assets. This would allow them to test innovative solutions in a controlled environment with regulatory oversight minimising risks.
• Clear guidelines for the taxation of digital assets should be provided as they will ensure transparency, reduce ambiguity for investors, and promote compliance with tax regulations. Specific guidelines can be drawn from the EU's MiCA regulation.  
• Workshops, online resources, and campaigns are some examples of initiatives aimed at improving consumer awareness about digital assets, benefits and associated risks that should be implemented. Partnerships with global fintech firms will provide a great opportunity  to learn best practices.

Conclusion

India is positioned at a critical juncture with respect to the debate on digital assets. The challenge which lies ahead is one of balancing innovation with effective regulation. The introduction of the Central Bank Digital Currency (CBDC) and the development of new policies signal a willingness on the part of the regulators to embrace the digital future. In contrast, issues like volatility, fraud, and regulatory compliance continue to pose hurdles. By drawing insights from global frameworks and strengthening ties through international forums, India can pave the way for a secure and dynamic digital asset ecosystem. Embracing strategic measures such as regulatory sandboxes and transparent tax guidelines will not only protect investors but also unlock the immense potential of digital assets, propelling India into a new era of financial innovation and inclusivity.

References

• https://www.weforum.org/agenda/2024/10/different-countries-navigating-uncertainty-digital-asset-regulation-election-year/ 
• https://www.acfcs.org/eu-passes-landmark-crypto-regulation 
• https://www.indiabudget.gov.in/budget2022-23/doc/Finance_Bill.pdf 
• https://www.weforum.org/agenda/2024/10/different-countries-navigating-uncertainty-digital-asset-regulation-election-year/
• https://www3.weforum.org/docs/WEF_Digital_Assets_Regulation_2024.pdf 

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Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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