#FactCheck - Misleading Video Allegedly Depicting Trampling of Indian Tri-colour in Kerala or Tamil Nadu Circulates on Social Media

Introduction

In India, the rights of children with regard to protection of their personal data are enshrined under the Digital Personal Data Protection Act, 2023 which is the newly enacted digital personal data protection law of India. The DPDP Act requires that for the processing of children's personal data, verifiable consent of parents or legal guardians is a necessary requirement. If the consent of parents or legal guardians is not obtained then it constitutes a violation under the DPDP Act. Under section 2(f) of the DPDP act, a “child” means an individual who has not completed the age of eighteen years. 

Section 9 under the DPDP Act, 2023

With reference to the collection of children's data section 9 of the DPDP Act, 2023 provides that for children below 18 years of age, consent from Parents/Legal Guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or the lawful guardian. Section 9 aims to create a safer online environment for children by limiting the exploitation of their data for commercial purposes or otherwise. By virtue of this section, the parents and guardians will have more control over their children's data and privacy and they are empowered to make choices as to how they manage their children's online activities and the permissions they grant to various online services. 

Section 9 sub-section (3) specifies that a Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children. However, section 9 sub-section (5) further provides room for exemption from this prohibition by empowering the Central Government which may notify exemption to specific data fiduciaries or data processors from the behavioural tracking or target advertising prohibition under the future DPDP Rules which are yet to be announced or released. 

Impact on social media platforms

Social media companies are raising concerns about Section 9 of the DPDP Act and upcoming Rules for the DPDP Act. Section 9 prohibits behavioural tracking or targeted advertising directed at children on digital platforms. By prohibiting intermediaries from tracking a ‘child's internet activities’ and ‘targeted advertising’ - this law aims to preserve children's privacy. However, social media corporations contended that this limitation adversely affects the efficacy of safety measures intended to safeguard young users, highlighting the necessity of monitoring specific user signals, including from minors, to guarantee the efficacy of safety measures designed for them.

Social media companies assert that tracking teenagers' behaviour is essential for safeguarding them from predators and harmful interactions. They believe that a complete ban on behavioural tracking is counterproductive to the government's objectives of protecting children. The scope to grant exemption leaves the door open for further advocacy on this issue. Hence it necessitates coordination with the concerned ministry and relevant stakeholders to find a balanced approach that maintains both privacy and safety for young users.

Furthermore, the impact on social media platforms also extends to the user experience and the operational costs required to implement the functioning of the changes created by regulations. This also involves significant changes to their algorithms and data-handling processes. Implementing robust age verification systems to identify young users and protect their data will also be a technically challenging step for the various scales of platforms. Ensuring that children’s data is not used for targeted advertising or behavioural monitoring also requires sophisticated data management systems. The blanket ban on targeted advertising and behavioural tracking may also affect the personalisation of content for young users, which may reduce their engagement with the platform.

For globally operating platforms, aligning their practices with the DPDP Act in India while also complying with data protection laws in other countries (such as GDPR in Europe or COPPA in the US) can be complex and resource-intensive. Platforms might choose to implement uniform global policies for simplicity, which could impact their operations in regions not governed by similar laws. On the same page, competitive dynamics such as market shifts where smaller or niche platforms that cater specifically to children and comply with these regulations may gain a competitive edge. There may be a drive towards developing new, compliant ways of monetizing user interactions that do not rely on behavioural tracking.

CyberPeace Policy Recommendations

A balanced strategy should be taken into account which gives weightage to the contentions of social media companies as well as to the protection of children's personal information. Instead of a blanket ban, platforms can be obliged to follow and encourage openness in advertising practices, ensuring that children are not exposed to any misleading or manipulative marketing techniques. Self-regulation techniques can be implemented to support ethical behaviour, responsibility, and the safety of young users’ online personal information through the platform’s practices. Additionally, verifiable consent should be examined and put forward in a manner which is practical and the platforms have a say in designing the said verification. Ultimately, this should be dealt with in a manner that behavioural tracking and targeted advertising are not affecting the children's well-being, safety and data protection in any way. 

Final Words

Under section 9 of the DPDP Act, the prohibition of behavioural tracking and targeted advertising in case of processing children's personal data - will compel social media platforms to overhaul their data collection and advertising practices, ensuring compliance with stricter privacy regulations. The legislative intent behind this provision is to enhance and strengthen the protection of children's digital personal data security and privacy. As children are particularly vulnerable to digital threats due to their still-evolving maturity and cognitive capacities, the protection of their privacy stands as a priority. The innocence of children is a major cause for concern when it comes to digital access because children simply do not possess the discernment and caution required to be able to navigate the Internet safely. Furthermore, a balanced approach needs to be adopted which maintains both ‘privacy’ and ‘safety’ for young users.

References

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf 
• https://www.firstpost.com/tech/as-govt-of-india-starts-preparing-rules-for-dpdp-act-social-media-platforms-worried-13789134.html#google_vignette
• https://www.business-standard.com/industry/news/social-media-platforms-worry-new-data-law-could-affect-child-safety-ads-124070400673_1.html

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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.

Introduction

In India, the population of girls and adolescents is 253 million, as per the UNICEF report, and the sex ratio at birth is 929 per 1000 male children as of 2023. Cyberspace has massively influenced the daily aspects of our lives, and hence the safety aspect of cyberspace cannot be ignored any more. The social media platforms play a massive role in information dissemination and sharing. The data trail created by the use of such platforms is often used by cyber criminals to target innocent girls and children.

On Ground Stats

Of the six million crimes police in India recorded between 1 January and 31 December last year, 428,278 cases involved crimes against women. It’s a rise of 26.35% over six years – from 338,954 cases in 2016. A majority of the cases in 2021, the report said, were of kidnappings and abduction, rapes, domestic violence, dowry deaths and assaults. Also, 107 women were attacked with acid, 1,580 women were trafficked, 15 girls were sold, and 2,668 were victims of cybercrimes. With more than 56,000 cases, the northern state of Uttar Pradesh, which is India’s most populous with 240 million people, once again topped the list. Rajasthan followed it with 40,738 cases and Maharashtra with 39,526 cases. This shows the root of the problem and how deep this menace goes in our society. With various campaigns and initiatives by Government and the CSO, awareness is on the rise, but still, we need a robust prevention mechanism to address this issue critically.

Influence of Social Media Platforms

Social media platforms such as Facebook, Instagram and Twitter were created to bring people closer by eliminating geographical boundaries, which is strengthened by the massive internet connectivity network across the globe. Throughout 2022, on average, there are about 470.1 million active social media users in India on a monthly basis, with an annual growth rate of 4.2 % in 2021-22. This represents about  33.4 % of the total population. These social media users, on average, spend about 2.6 hours on social media, and each, on average, has accounts on 8.6 platforms.

The bad actors have also upskilled themselves and are now using these social platforms to commit cybercrimes. Some of these crimes against girls and women include – Impersonation, Identity theft, Cyberstalking, Cyber-Enabled human trafficking and many more. These crimes are on the rise post-pandemic, and instances of people using fake IDs to lure young girls into their traps are being reported daily. One such instance is when Imran Mansoori created an Instagram account in the name of Rahul Gujjar, username: rahul_gujjar_9010. Using social engineering and scoping out the vulnerabilities, he trapped a minor girl in a relationship & took her to a hotel in Moradabad. The hotel manager raised the suspicion of seeing a different ID & called the Police, Imran was then arrested. But many such crimes go unreported, and it is essential for all stakeholders to create a safeguard regarding girls’ and women’s safety.

Legal Remedies at our disposal

The Indian Legal system has been evolving with time towards the online safety of girls and women. The National Commission for Protection of Child Rights (NCPCR) and the National Commission for Women (NCW) have worked tirelessly to safeguard girls and women to create a wholesome, safe, secure environment. The Information Technology Act governs cyberspace and its associated rights and duties. The following provisions of the IT Act are focused towards safeguarding the rights –

• Violation of privacy – Section 66E
• Obscene material – Section 67
• Pornography & sexually explicit act – Section 67A
• Child pornography – Section 67B
• Intermediaries due diligence rules – Section 79

Apart from these provisions, acts like POCSO, IPC, and CrPC, draft the Digital Personal Data Protection Bill, Intermediary Guidelines on Social Media and Online Gaming and telecommunications bill.

Conclusion

The likelihood of becoming a victim of cybercrime is always growing due to increased traffic in the virtual world, which is especially true for women who are frequently viewed as easy targets. The types of cyber crimes that target women have grown, and the trend has not stopped in India. Cyber flaming, cyber eve-teasing, cyber flirting, and internet cheating are some new-generation crimes that are worth mentioning here. In India, women tend to be reluctant to speak up about issues out of concern that doing so might damage their reputations permanently. Without being fully aware of the dangers of the internet, women grow more susceptible the more time they spend online. Women should be more alert to protect themselves from targeted online attacks.