#FactCheck - "Viral Video Misleadingly Claims Surrender to Indian Army, Actually Shows Bangladesh Army”

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

‍

Executive Summary:

Old footage of Indian Cricketer Virat Kohli celebrating Ganesh Chaturthi in September 2023 was being promoted as footage of Virat Kohli at the Ram Mandir Inauguration. A video of cricketer Virat Kohli attending a Ganesh Chaturthi celebration last year has surfaced, with the false claim that it shows him at the Ram Mandir consecration ceremony in Ayodhya on January 22. The Hindi newspaper Dainik Bhaskar and Gujarati newspaper Divya Bhaskar also displayed the now-viral video in their respective editions on January 23, 2024, escalating the false claim. After thorough Investigation, it was found that the Video was old and it was Ganesh Chaturthi Festival where the cricketer attended.

Claims:

Many social media posts, including those from news outlets such as Dainik Bhaskar and Gujarati News Paper Divya Bhaskar, show him attending the Ram Mandir consecration ceremony in Ayodhya on January 22, where after investigation it was found that the Video was of Virat Kohli attending Ganesh Chaturthi in September, 2023.

‍

‍

‍

The caption of Dainik Bhaskar E-Paper reads, “ क्रिकेटर विराट कोहली भी नजर आए ”

Fact Check:

CyberPeace Research Team did a reverse Image Search of the Video where several results with the Same Black outfit was shared earlier, from where a Bollywood Entertainment Instagram Profile named Bollywood Society shared the same Video in its Page, the caption reads, “Virat Kohli snapped for Ganapaati Darshan” the post was made on 20 September, 2023.

Taking an indication from this we did some keyword search with the Information we have, and it was found in an article by Free Press Journal, Summarizing the article we got to know that Virat Kohli paid a visit to the residence of Shiv Sena leader Rahul Kanal to seek the blessings of Lord Ganpati. The Viral Video and the claim made by the news outlet is false and Misleading.

Conclusion:

The recent Claim made by the Viral Videos and News Outlet is an Old Footage of Virat Kohli attending Ganesh Chaturthi the Video back to the year 2023 but not of the recent auspicious day of Ram Mandir Pran Pratishtha. To be noted that, we also confirmed that Virat Kohli hadn’t attended the Program; there was no confirmation that Virat Kohli attended on 22 January at Ayodhya. Hence, we found this claim to be fake.

• Claim:  Virat Kohli attending the Ram Mandir consecration ceremony in Ayodhya on January 22
• Claimed on: Youtube, X
• Fact Check: Fake

‍

Introduction

Recently the Indian Government banned the import of Laptops and tablets in India under the computers of HSN 8471. According to the notification of the government, Directorate General of foreign trade, there will be restrictions on the import of Laptops, tablets, and other electronic items from 1^st November 2023. The government advised the Domestic companies to apply for the license within three months. As the process is simple, and many local companies have already applied for the license. The government will require a valid license for the import of laptops and other electronic items.

The Government imposed restrictions on the Import of Laptops & other electronic products

The DGFT (The directorate General of foreign trade) imposed restrictions on the import of electronic items in India. And, there has been the final date has also been given that the companies only have 3 months to apply for a valid license, from November 1^st 2023there will be a requirement for a valid license for the import, and there will be a proper ban on the import of laptops & tablets, and other electronic items. The ban is on the HSN-8471. These are the products that indicate that they are taxable. It is a classification code to identify the taxable items. India has sufficient capacity and capability to manufacture their own IT hardware devices and boost production.

The government has notified production linked incentive, PLI Scheme 2.0, for the IT devices, which will soon be disclosed, and the scheme is expected to lead to a total of 29 thousand crore rupees worth of IT hardware nearly. And this will create future job opportunities in the five to six years.

The pros & cons of the import

Banning import has two sides. The positive one is that, it will promote the domestic manufacturers, local companies will able to grow, and there will be job opportunities, but if we talk about the negative side of the import, then the prices will be high for the consumers. One aspect is making India’s digital infrastructure stable, and the other side is affecting consumers.

Reasons Behind the ban on the Import of electronic items

There are the following reasons behind the ban on the Import of laptops and tablets,

• The primary reason why the government banned the import of laptops and other electronic items is because of security concerns about the data. And to prevent data theft a step has been taken by the Government.
• The banning will help the domestic manufacturer to grow and will provide opportunities to the local companies in India.
• It will help in the creation of Job vacancies in the country.
• There will be a curb down of selling of Chinese products.

The government will promote the digital infrastructure of India by putting a ban on imports. Such as there are domestic companies like Reliance recently launched a laptop by the name of Jio Book, and there is a company that sells the cheapest tablet called Aakash, so the import ban will promote these types of electronic items of the local companies. This step will soon result in digital advancement in India.

Conclusion

The laptop, tablets, and other electronic products that have been banned in India will make a substantial move with the implications. The objective of the ban is to encourage domestic manufacturing and to secure the data, however, it will also affect the consumers which can not be ignored. The other future effects are yet to be seen. But the one scenario is clear, that the policy will significantly make a change in India’s Technology industry.