#FactCheck - AI-Generated Video Falsely Shared as ‘Multi-Hooded Snake’ Sighting in Vrindavan

The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf

Introduction

As the world seemingly shrinks under the vast, ever-stretching canopy of the internet, the channels through which information flows are becoming increasingly enigmatic and tangled. In the digital world, the gulf between fact and fabrication narrows dramatically, with the veracity of information too often lost in the flood. Amidst the torrents of data, platforms like YouTube, a veritable Goliath in the video streaming sphere, are finding themselves at the forefront of a critical battle against the dark forces of fake news and disinformation—a war that is waged with the intensity of any historical conflict over truth and influence. 

It is in this volatile theatre that Google's video behemoth, YouTube, under the scrutiny of the global eye, announces its strategic campaign to shield against the onslaught of misinformation. With India, the world's most populous democracy, on the cusp of its monumental general elections, the stakes could hardly be higher. YouTube's involvement thus evolves beyond corporate social responsibility—it becomes a crusade for the integrity of information, a paladin for the democratic process, and a protector of the public’s right to factual reporting.

The Campaign 

The campaign envisioned by YouTube India's vanguard is multifaceted and robust, aimed at rooting out the insidious tendrils of fake news where they lie. At the heart of this mission are two pivotal strategies that form the backbone of YouTube's defense. Firstly, a rigorous misinformation policy, which heralds as a bastion against content designed with duplicitous intent. YouTube Indian Head Ishan Chatterjee elucidates, 'Our misinformation policies clearly state that if the content has been technically manipulated with the intent to deceive a user and there's a danger of real-world harm...we will act against that content.' It is an exhortation of YouTube's commitment to a culture of truth and an acknowledgement of the platform's influence and responsibility. This process, however, is more complex than it appears; it is tangled in socio-political nuances and demands an uncompromising vigilance to identify and dispel falsehoods.

Yet, this is merely the foundation upon which YouTube’s strategy rests. The second prong of their stratagem is even more ambitious—intending not only to eradicate the chaff of misinformation but also to till the soil with the seeds of verifiable, authoritative news content. This is an initiative to resuscitate the public's faith in digital information sources. By allying with credible news publishers and fostering a symbiosis with independent journalists, YouTube has taken up the mantle of an institution that not just police content, but cultivates it, transforming the barren desert of online falsehoods into an oasis of enlightenment.

News on YouTube is symbiotic with the larger consciousness of its users, driving content consumption and engaging millions who seek out current affairs, investigative reports, and in-depth analysis on the platform. The democratisation of news, once the hallowed ground of traditional broadcast and print media, now finds its theatre online. Chatterjee insightfully notes the ascending trend of news story engagement on YouTube Shorts and Connected TV (CTV)—two emergent platforms that have revolutionised content delivery and consumption. CTV, in particular, has skyrocketed in popularity within the past five years, boasting over 58 million viewers in India consuming YouTube content from the comfort of their living rooms as of June 2023, per analytics.

This phenomenon is acutely observed by YouTube's Director and Global Head of Responsibility, Tim Katz, who delineates a portrait of the Indian market's distinctive hunger for live content, particularly news, on CTV. Katz's observations carry an air of fascination, 'The other two things that have been exciting to see are that we've seen a lot of growth, particularly during sensitive moments, with large news stories occurring certainly during an election cycle, and we just see very large growth from many of our authoritative partners.'

The Implications of the Campaign 

The tapestry of YouTube's news ecosystem is a rich mosaic of diversity, including independent journalists, broadcasters, legacy print publications, and digital-first media organisations. Katz underscores the gravity of nurturing such a broad and dynamic news environment on the platform, a gesture of YouTube's commitment to a holistic information landscape.

An illuminating report from the Google News Initiative, forged in cooperation with Kantar, reiterates the dominance of video as the consummate medium for news consumption across a spectrum of languages and formats in India. It paints a picture of a nation of insatiable news consumers, with nearly every second Indian language internet user engaging with news content, a substantial proportion hailing from urban locales. Of particular resonance is hyperlocal news, which plucks the chords of local interests and concerns, touching the lives of seven out of ten citizens.

Moreover, the economic impetus behind YouTube’s role in the media firmament is brought to light in the Oxford Economics Impact Report, revealing a staggering 70% of Indian media and music companies with a YouTube presence acknowledge the platform as a crucial revenue stream.

Conclusion 

Poised upon the sharp edge of an electric election season—a season that will no doubt be drenched in a spectrum of information, both fact and fable—YouTube's convictions stand as a beacon of reliability. Their initiative is more than a method—it's a philosophy, a dedication to purifying the information sphere. In the digital epoch, where the battle lines for truth are drawn in bytes and bandwidth, YouTube’s rallying cry for responsibility, its vow to safeguard democratic ideals, and its unyielding commitment to illuminating the corridors of knowledge are more than strategies; they are pillars on which a well-informed, engaged, and enlightened citizenry can lean.

Reference 

• https://economictimes.indiatimes.com/tech/technology/youtube-india-adopts-two-pronged-strategy-to-fight-fake-news-ahead-of-general-elections/articleshow/105634109.cms

Introduction

WhatsApp has become the new platform for scams, and the number of cases of WhatsApp scams is increasing daily. Just like that, a new WhatsApp scam has been started, and many WhatsApp users in India have reported receiving missed calls from unknown international numbers. Worse, one does not even have to answer the call to be scammed. A missed call is sufficient to be scammed.

Millions of populations switch from normal SMS to WhatsApp, usually, people used to get fake messages and marketing messages, but the trend of scamming has been evolving now.  Most people get calls from different countries, and they are concerned about how these scammers got the numbers. WhatsApp works through VoIP networks, so no extra charges from any country exist. And about 500 million WhatsApp users are getting these scam calls, the calls are mainly on job-scams of promising part-time employment and opportunities. These types of job scam calls have been started reporting in 2023.

People reporting missed calls from countries like Ethiopia (+251), Malaysia (+60), Indonesia (+62), Vietnam (+84), etc.

The agenda of these calls are still unclear. Still, in some cases, the scammers ask for confidential information from WhatsApp users, like bank details, so the users must not reveal their personal information. Also, it is important to note that if you get any calls from a particular country, it necessarily does not mean it is from that country. Various agencies sell international numbers for WhatsApp calls.

Why has WhatsApp become a hub scam?

The generation has evolved and dumped the old SMS into WhatsApp. From school to college and offices, people use WhatsApp for their official work, as it is very easy and user-friendly, so people avoid safety measures. Generally, users need to understand the consequences of technology and use it with safeguards and awareness. Many people lose money and become victims of scams on WhatsApp as they share their confidential information. And the worse is that one does not even have to answer the call to be scammed. A missed call is sufficient to be scammed.

Before these international calls scam, the user received a call from the scam that they were from KBC, and the user won something. Then sought confidential information by the excuse that they would transfer the money to the user, and because of that user got scammed by the scammers. These scams have risen rapidly lately.

Safeguards users can use against these scam calls

WhatsApp responds to complaints regarding international calls to “block and report.”

If you have already received such calls, the best thing you can do is report and block them right away. As a result, the same number does not return to your phone, and numerous identical reports may persuade WhatsApp to delete the number entirely.

WhatsApp is also working on an update allowing users to block calls from unknown numbers on the service.

Users must modify their phone’s and app’s fundamental privacy settings to protect themselves from data breaches. The calls are directed toward app users who are actively using the app. However, by modifying the account’s appearance, a user can lessen the likelihood of being added to the scammers’ attack lists.

Limit Privacy

Begin by modifying WhatsApp’s ‘who can see’ settings. If your profile photo, last seen, and online status are visible to anybody, restrict them to persons on your contact list only. Change the About and Groups options as well.

Turn on two-factor authentication

Enabling two-factor authentication on WhatsApp adds more security to your data. In addition, the app also supports biometric protection in case of theft or loss.

Active Reporting

The users should report as soon as they see something odd or suspicious activity.

A typical question that users have is, ‘Where do the scammers acquire my phone number from?’

The answer is a little more complicated than we thought. Your data is retained on the company database from the time you sign up on a website or reveal your phone number at a store in order to take advantage of promotional offers and promotions. Due to a lack of technological infrastructure and legislation to protect personal data, a scammer can simply obtain your information.

According to Palo Alto research, India is the second most vulnerable country in the APAC region in terms of cyberattacks and data breaches. A data protection law is essential in the face of increasing calls and data breaches.

The Digital Personal Data Protection bill is set to be introduced in the parliament’s monsoon session. The bill has the potential to protect data, which will help to eliminate scams.

Conclusion

Several people had tweeted on tweeter about receiving fake calls on WhatsApp from international numbers more than once. WhatsApp encrypts calls and messages, making it difficult to track the person, and it appears that hackers are taking advantage of this to swindle customers. If you receive a WhatsApp call from any of the above ISD codes, we strongly advise you not to answer it and to block the number so the bad actors do not call you again. Report & block immediately that’s what WhatsApp has been responding to the complainants.