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

Introduction

Google.org is committed to stepping ahead to enhance Internet safety and responsible online behaviour. ‘Google for INDIA 2023’, an innovative conclave, took place on 19th October 2023. Google.org has embarked on its vision for a safer Internet and combating misinformation, financial frauds and other threats that come from bad actors. Alphabet Big Tech is committed to leading this charter and engaging with all stakeholders, including government agencies. Google.org has partnered with CyberPeace Foundation to foster a safer online environment and empower users on informed decisions on the Internet. CyberPeace will run a nationwide awareness and capacity-building Initiative equipping more than 40 Million Indian netizens with fact-checking techniques, tools, SoPs, and guidance for responsible and safe online behaviour. The campaign will be deployed in 15 Indian regional languages as a comprehensive learning outcome for the whole nation. Together, Google.org and CyberPeace Foundation aim to make the Internet safer for everyone and work in a direction to ensure that progress for everyone is built on a strong foundation of trusted information available on the Internet and pursuing the true spirit of “Technology for Good”.

Google.org and CyberPeace together for enhanced online safety

A new $4 million grant to CyberPeace Foundation will support a nationwide awareness-building program and comprehensive multilingual digital resource hub with content available in up to 15 Indian languages to empower nearly 40 million underserved people across the country in building resilience against misinformation and practice responsible online behaviour.  Together, Google.org and CyberPeace are on their way to creating a strong pathway of trusted Internet and a safer digital environment. The said campaign will be undertaken for a duration of 3 years, and the following key components will run at the core of the same: 

• CyberPeace Corps Volunteers: This will be a pan India volunteer engagement initiative to create a community of 9 million CyberPeace Ambassadors/First Responders/Volunteers to fight misinformation and promote responsible online behaviour going far into the rural, marginalised and most vulnerable strata of society. 
• Digital Resource Hub: In pursuance of the campaign, CyberPeace is developing a cutting-edge platform offering a wealth of resources on media literacy, responsible content creation, and cyber hygiene translated into 15 Indian regional languages for a widespread impact on the ground. 
• Public Sensitisation: CyberPeace will be conducting an organic series of online and offline events focusing on empowering netizens to discern fact from fiction. These sensitisation drives will be taken on by start master trainers from different regions of India to ensure all states and UTs are impacted. 
• CyberPeace Quick Reaction Team: A specialised team of tech enthusiasts that will work closely with platforms to rapidly address new-age cyber threats and misinformation campaigns in real-time and establish best practices and SoPs for the diverse elements in the industries. 
• Engaging Multimedia Content: With CyberPeace’s immense expertise in E-Course and digital content, the campaign will produce a range of multilingual multimedia resources, including informative videos, posters, games, contests, infographics, and more.
• Fact-check unit: Fact-check units will play a crucial role in monitoring, identifying, and doing fact analysis of the suspected information and overall busting the growing incidents of misinformation. Fake news or misinformation has negative consequences on society at large. The fact-check units play a significant role in controlling the widespread of misinformation. 

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Fight Against Misinformation 

Misinformation is rampant all across the world and requires attention. With the increasing penetration of social media and the internet, this remains a global issue. Google.org has taken up the initiative to address this issue in India and, in collaboration with CyberPeace Foundation taken a proactive step to multiple avenues for mass-scale awareness and upskilling campaigns have been piloted to make an impact on the ground with the vision of upskilling over 40 Million people in the country and building resilience against misinformation and practicing responsible online behavior. 

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Maj Vineet Kumar, Founder of CyberPeace, said,

"In an era in which digital is deeply intertwined with our lives, knowing how to discern, act on, and share the credible from the wealth of information available online is critical to our well-being, and of our families and communities. Through this initiative, we’re committing to help Internet users across India become informed, empowered and responsible netizens leading through conversations and actions. Whether it’s in fact-checking information before sharing it, or refraining from sharing unverified news, we all play an important role in building a web that is a safe and inclusive space for everyone, and we are extremely grateful to Google.org for propelling us forward in this mission with their grant support.”

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Annie Lewin, Senior Director of Global Advocacy and Head of Asia Pacific, Google.org said:

“We have a longstanding commitment to supporting changemakers using technology to solve humanity's biggest challenges. And, the innovation and zeal of Indian nonprofit organisations has inspired us to deepen our commitment in India. With the new grant to CyberPeace Foundation, we are proud to support solutions that speak directly to Google’s DNA, helping first-time internet users chart their path in a digital world with confidence. Such solutions give us pride and hope that each step, built on a strong foundation of trusted information, will translate into progress for all.”

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Conclusion

Google.org has partnered with government agencies and other Indian organisations with the vision of future-proof India for digital public infrastructure and staying a step ahead for Internet safety, keeping the citizens safe online. Google.org is taking its largest step yet towards online safety in India. There is widespread misinformative content and information in the digital media space or on the internet. This proactive initiative of Google.org in collaboration with CyberPeace is a commendable step to prevent the spread of misinformation and empower users to act responsibly while sharing any information and making informed decisions while using the Internet, hence creating a safe digital environment for everyone.

‍References:

• https://www.youtube.com/live/-b4lTVjOsXY?feature=shared
• https://blog.google/intl/en-in/products/google-for-india-2023-product-announcements/
• https://blog.google/intl/en-in/partnering-indias-success-in-a-new-digital-paradigm/
• https://telecom.economictimes.indiatimes.com/news/internet/google-to-debut-credit-in-india-announces-a-slew-of-ai-powered-launches/104547623
• https://theprint.in/economy/google-for-india-2023-tech-giant-says-it-removed-2-million-violative-videos-in-q2-2023/1810201/

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Introduction

The government has announced that the new criminal laws will come into force on 1st July 2024. The Union Government notified that three recently enacted criminal laws, viz. Bhartiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 will be effective from 1st July 2024.  The Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 have been replaced by these new criminal laws.

On 23 February 2024, the Ministry of Home Affairs Announced the Effective Date of new criminal laws as follows:

1. Bharatiya Nyaya Sanhita, 2023 Effective from 1-7-2024, except Section 106(2).
2. Bharatiya Sakshya Adhiniyam, 2023 Effective from 1-7-2024.
3. Bharatiya Nagarik Suraksha Sanhita, 2023 The provisions will come into force on 1-7-2024 except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule.

Section 106(2) Will Not Be Enforced

Truckers protested against this provision, which provides 10 years imprisonment and fines for those who cause death by rash and negligent driving of a vehicle not amounting to culpable homicide, and escape without reporting it to a police officer. As of now, the government has promised truckers and transporters that subsection 2 of Section 106 of Bharatiya Nyay Sanhita (BNS) will not come into force. This subsection deals with fatal hit-and-run cases and prescribes higher penalties for not informing authorities immediately after an accident. 

Section 106(2) of Bharatiya Nyaya Sanhita, 2023 read as follows;

106. Causing death by negligence.—

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of aterm which may extend to ten years, and shall also be liable to fine.

BHARATIYA SAKSHYA ADHINIYAM, 2023

The Bhartiya Sakshya Adhiniyam 2023 will replace the Indian Evidence Act 1872. The Act has undergone significant modification to maintain its fundamental principles for fair legal proceedings and adapt to technological advancements and changes in societal norms. This Act recognises electronic records as primary evidence under Section 57. It also allows the electronic presentation of oral evidence, enabling remote testimony and ensuring that electronic records will have the same legal effect as paper records.

Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the 1973 Code of Criminal Procedure, introducing certain modifications. This Act, under section 176, requires forensic investigation for crimes punished with seven years' imprisonment or more.  Section 530 of BNSS, 2023 is a newly inserted provision which envisages the use of electronic communication audio-video electronic means for trials, inquiries, proceedings, service and issuance of summons. Electronic mode is permitted for all trials, inquiries, and proceedings under section 173 of this Act. The concept of Zero FIR is also introduced under section 173(1) and mandates police stations to register the FIR, irrespective of jurisdiction.

Conclusion

India's new criminal laws are set to take effect on 1st July 2024. These laws modernise the country's legal framework, replacing outdated statutes and incorporating technological advancements. The concerns from stakeholders led to the withholding of enforcement of Section 106(2) of Bharatiya Nyaya Sanhita 2023. The new criminal laws aim to address contemporary society's complexities while upholding justice and fairness.

References

• https://www.indiatoday.in/india/video/new-criminal-laws-to-come-into-effect-from-july-1-2506664-2024-02-24
• https://www.lawrbit.com/article/ipc-crpc-evidence-act-replaced-by-new-criminal-laws/

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Introduction

The nation got its first consolidated data protection regulation in the form of the Digital Personal Data Protection Act, 2023, in the month of August, and the Indian netizens got their independence in terms of data protection and privacy. The act lays heavy penalties for non-compliance with the provisions, and the same is under the jurisdiction of a Data Protection Board set up by the Central Government, which enjoys powers equivalent to a civil court. The act upholds the right to data privacy as the fundamental right under Article 19 (1)(A) and 21 of the Constitution of India. The same has been judicially supported in the form of the landmark judgement,  Jus. K.S Puttawamy vs. Union of India of 2018. Let us take a look at the impact the act will make on the Indian netizens. 

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What is Personal Data? 

Personal Data refers to any form of digitised data which can be directly replicated by any person. This includes email IDs, mobile numbers, health data, banking data, photos, etc. A person to whom the personal data belongs is called the Data Principle. A Data principle is anyone who is above the age of 18 years and consents to the data of children/minors. In the case of children/minors, it is mandatory for the parents or guardians to provide their express consent for the processing of personal data for all or any purposes. Any individual who is processing personal data is known as the Data Fiduciry, and individuals registered under the act may act as consent managers to make the consent transparent.  When it comes to the rights of the netizens, it is seen that the act is created with an aspect of  “Safety by Design” to secure the rights and responsibilities of the netizens. 

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Rights secured under the DPDP Act 2023

• Right to Grievance Redressal: The Data fiduciary and the consent manager are required to respond to the grievances of the Data Principal within a time period, which is soon to be prescribed, thus creating a blanket of responsibility for the data fiduciary and consent manager. 
• Right to Nominate: Data Principals have the right to nominate any other individual who shall, in the event of death or incapacity of the data principal, exercise his/her rights.  
• Right to access to information: The Data principal has the right to seek confirmation from Data fiduciaries regarding the processing of their personal data and the summary of the processed data as well. 
• Right to Erasure and Correction: Data principals can reach out to the data fiduciaries in order to exercise their right to correct, complete, update and erasure of their personal data.  
• Territorial Rights: The data is to be processed within India, and processing outside India should be in regard to the services provided in India. 
• Material Rights: The rights are applicable to any personal data collected in digitised form and also for the data collected in a non-digital form but subsequently digitised. 

Obligations for Data Fiduciaries 

The data fiduciaries are mandated to oblige with the following provisions in order to maintain compliance with the laws of the land and by securing the Digital rights of the netizens. 

These are the obligations of the data fiduciaries: 

• Implement technical and organisational measures to safeguard Personal Data. 
• Determine the legal grounds for processing and obtaining consent from Data principals where required. 
• Provide a privacy notice while obtaining consent from Data principals. 
• Implement a mechanism for data principals to exercise their rights.
• Implement a grievance redressal mechanism for handling the queries from Data principals. 
• Irrecoverably delete personal data after the purpose for which it was collected has expired or when the consent has been withdrawn. 
• Have a breach management policy to notify the data protection board and the data principals in accordance with prescribed timelines. 
• Sign a valid contract with Data processors to ensure key obligations are abided by them, including timely deletion of data. 

Conclusion 

As the world steps into the digital age, it is pertinent for the governments of the world to come up with efficient and effective legislation to protect cyber rights and responsibilities, but as cyberspace has no boundaries, nations need to work in synergy to protect their cyber interests and netizens. This can only begin once all nations have indigenous Cyber laws and rights to protect netizens, and the same has been addressed by the Indian Government in the form of the Digital Perosnl Data Protection Act, 2023. The future is full of emerging technologies and the evolution of cyber laws; hence, consolidating a basic legal structure now is of utmost importance and the same is expected to be strengthened in India by the soon-to-be-released Draft Digital India Bill.  

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