#FactCheck - False Claim of Hindu Sadhvi Marrying Muslim Man Debunked

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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Introduction

Meta is the leader in social media platforms and has been successful in having a widespread network of users and services across global cyberspace. The corporate house has been responsible for revolutionizing messaging and connectivity since 2004. The platform has brought people closer together in terms of connectivity, however, being one of the most popular platforms is an issue as well. Popular platforms are mostly used by cyber criminals to gain unauthorised data or create chatrooms to maintain anonymity and prevent tracking. These bad actors often operate under fake names or accounts so that they are not caught. The platforms like Facebook and Instagram have been often in the headlines as portals where cybercriminals were operating and committing crimes.

To keep the data of the netizen safe and secure Paytm under first of its kind service is offering customers protection against cyber fraud through an insurance policy available for fraudulent mobile transactions up to Rs 10,000 for a premium of Rs 30. The cover ‘Paytm Payment Protect’ is provided through a group insurance policy issued by HDFC Ergo. The company said that the plan is being offered to increase the trust in digital payments, which will push up adoption.

Meta’s Cybersecurity

Meta has one of the best cyber security in the world but that diest mean that it cannot be breached. The social media giant is the most vulnerable platform in cases of data breaches as various third parties are also involved. As seen the in the case of Cambridge Analytica, a huge chunk of user data was available to influence the users in terms of elections. Meta needs to be ahead of the curve to have a safe and secure platform, for this Meta has deployed various AI and ML driven crawlers and software which work o keeping the platform safe for its users and simultaneously figure out which accounts may be used by bad actors and further removes the criminal accounts. The same is also supported by the keen participation of the user in terms of the reporting mechanism. Meta-Cyber provides visibility of all OT activities, observes continuously the PLC and SCADA for changes and configuration, and checks the authorization and its levels. Meta is also running various penetration and bug bounty programs to reduce vulnerabilities in their systems and applications, these testers are paid heavily depending upon the scope of the vulnerability they found.

‍CyberRoot Risk Investigation

Social media giant Meta has taken down over 40 accounts operated by an Indian firm CyberRoot Risk Analysis, allegedly involved in hack-for-hire services along with this Meta has taken down 900 fraudulently run accounts, these accounts are said to be operated from China by an unknown entity. CyberRoot Risk Analysis was responsible for sharing malware over the platform and used it to impersonate themselves just as their targets, i.e lawyers, doctors, entrepreneurs, and industries like – cosmetic surgery, real estate, investment firms, pharmaceutical, private equity firms, and environmental and anti-corruption activists. They would get in touch with such personalities and then share malware hidden in files which would often lead to data breaches subsequently leading to different types of cybercrimes.

Meta and its team is working tirelessly to eradicate the influence of such bad actors from their platforms, use of AI and Ml based tools have increased exponentially.

‍Paytm CyberFraud Cover

Paytm is offering customers protection against cyber fraud through an insurance policy available for fraudulent mobile transactions up to Rs 10,000 for a premium of Rs 30. The cover ‘Paytm Payment Protect’ is provided through a group insurance policy issued by HDFC Ergo. The company said that the plan is being offered to increase the trust in digital payments, which will push up adoption. The insurance cover protects transactions made through UPI across all apps and wallets. The insurance coverage has been obtained by One97 Communications, which operates under the Paytm brand.

The exponential increase in the use of digital payments during the pandemic has made more people susceptible to cyber fraud. While UPI has all the digital safeguards in place, most UPI-related frauds are undertaken by confidence tricksters who get their victims to authorise a transaction by passing collect requests as payments. There are also many fraudsters collecting payments by pretending to be merchants. These types of frauds have resulted in a loss of more than Rs 63 crores in the previous financial year. The issue of data insurance is new to India but is indeed the need of the hour, majority of netizens are unaware of the value of their data and hence remain ignorant towards data protection, such steps will result in safer data management and protection mechanisms, thus safeguarding the Indian cyberspace.

Conclusion

cyberspace is at a critical juncture in terms of data protection and privacy, with new legislation coming out on the same we can expect new and stronger policies to prevent cybercrimes and cyber-attacks. The efforts by tech giants like Meta need to gain more speed in terms of the efficiency of cyber safety of the platform and the user to make sure that the future of the platforms remains secured strongly. The concept of data insurance needs to be shared with netizens to increase awareness about the subject. The initiative by Paytm will be a monumental initiative as this will encourage more platforms and banks to commit towards coverage for cyber crimes. With the increasing cases of cybercrimes, such financial coverage has come as a light of hope and security for the netizens.

Executive Summary:

In the age of virtuality, misinformation and misleading techniques shape the macula of the internet, and these threaten human safety and well-being. Recently, an alarming fake information has surfaced, intended to provide a fake Government subsidy scheme with the name of Indian Post. This serves criminals, who attack people's weaknesses, laying them off with proposals of receiving help in exchange for info. In this informative blog, we take a deep dive into one of the common schemes of fraud during this time. We will go through the stages involved which illustrates how one is deceived and offer practical tips to avoid the fall.

Introduction:

Digital communication reaches individuals faster, and as a result, misinformation and mails have accelerated their spread globally. People, therefore, are susceptible to online scams as they add credibility to phenomena. In India, the recently increased fake news draws its target with the deceptive claims of being a subsidy from the Government mainly through the Indian post. These fraudulent schemes frequently are spread via social networks and messaging platforms, influence trust of the individual’s in respectable establishments to establish fraud and collect private data. 

Understanding the Claim:

There is a claim circulating on the behalf of the Government at the national level of a great subsidy of $1066 for deserving residents. The individual will be benefited with the subsidy when they complete the questionnaire they have received through social media. The questionnaire may have been designed to steal the individual’s confidential information by way of taking advantage of naivety and carelessness.

The Deceptive Journey Unveiled:

Bogus Offer Presentation: The scheme often appeals to people, by providing a misleading message or a commercial purposely targeted at convincing them to act immediately by instilling the sense of an urgent need. Such messages usually combine the mood of persuasion and highly evaluative material to create an illusion of being authentic.

Questionnaire Requirement: After the visitors land on attractive content material they are directed to fill in the questionnaire which is supposedly required for processing the economic assistance. This questionnaire requests for non private information in their nature.

False Sense of Urgency: Simultaneously, in addition to the stress-causing factor of it being a fake news, even the false deadline may be brought out to push in the technique of compliance. This data collection is intended to put people under pressure and influence them to make the information transfer that immediate without thorough examination.

Data Harvesting Tactics: Despite the financial help actually serving, you might be unaware but lies beneath it is a vile motive, data harvesting. The collection of facts through questionnaires may become something priceless for scammers that they can use for a good while to profit from identity theft, financial crimes and other malicious means.

Analysis Highlights:

• It is important to note that at this particular point, there has not been any official declaration or a proper confirmation of an offer made by the India Post or from the Government. So, people must be very careful when encountering such messages because they are often employed as lures in phishing attacks or misinformation campaigns. Before engaging or transmitting such claims, it is always advisable to authenticate the information from trustworthy sources in order to protect oneself online and prevent the spread of wrongful information
• The campaign is hosted on a third party domain instead of any official Government Website, this raised suspicion. Also the domain has been registered in very recent times.

• Domain Name: ccn-web[.]buzz
• Registry Domain ID: D6073D14AF8D9418BBB6ADE18009D6866-GDREG
• Registrar WHOIS Server: whois[.]namesilo[.]com
• Registrar URL: www[.]namesilo[.]com
• Updated Date: 2024-02-27T06:17:21Z
• Creation Date: 2024-02-11T03:23:08Z
• Registry Expiry Date: 2025-02-11T03:23:08Z
• Registrar: NameSilo, LLC
• Name Server: tegan[.]ns[.]cloudflare[.]com
• Name Server: nikon[.]ns[.]cloudflare[.]com

Note: Cybercriminal used Cloudflare technology to mask the actual IP address of the fraudulent website. 

CyberPeace Advisory:

Verification and Vigilance: It makes complete sense in this case that you should be cautious and skeptical. Do not fall prey to this criminal act. Examine the arguments made and the facts provided by either party and consult credible sources before disclosures are made.

Official Channels: Governments usually invoke the use of reliable channels which can as well be by disseminating subsidies and assistance programs through official websites and the legal channels. Take caution for schemes that are not following the protocols previously established.

Educational Awareness: Providing awareness through education and consciousness about on-line scams and the approaches which are fraudulent has to be considered a primary requirement. Through empowering individuals with capabilities and targets we, as a collective, can be armed with information that will prevent erroneous scheme spreading.

Reporting and Action: In a case of mission suspicious and fraudulent images, let them understand immediately by making the authorities and necessary organizations alert. Your swift actions do not only protect yourself but also help others avoid the costs of related security compromises.

Conclusion:

The rise of the ‘Indian Post Countrywide - government subsidy fake news’ poses a stern warning of the present time that the dangers within the virtual ecosystem are. The art of being wise and sharp in terms of scams always reminds us to show a quick reaction to the hacks and try to do the things that we should identify as per the CyberPeace advisories; thereby, we will contribute to a safer Cyberspace for everyone. Likewise, the ability to critically judge, and remain alert, is important to help defeat the variety of tricks offenders use to mislead you online.

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