#FactCheck - Viral Video of Man ‘Running on Water’ Found to Be AI-Generated

Introduction

India's National Commission for Protection of Child Rights (NCPCR) is set to approach the Ministry of Electronics and Information Technology (MeitY) to recommend mandating a KYC-based system for verifying children's age under the Digital Personal Data Protection (DPDP) Act. The decision to approach or send recommendations to MeitY was taken by NCPCR in a closed-door meeting held on August 13 with social media entities. In the meeting, NCPCR emphasised proposing a KYC-based age verification mechanism. In this background, Section 9 of the Digital Personal Data Protection Act, 2023 defines a child as someone below the age of 18, and Section 9 mandates that such children have to be verified and parental consent will be required before processing their personal data.

Requirement of Verifiable Consent Under Section 9 of DPDP Act

Regarding the processing of children's personal 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 lawful guardian. Additionally, behavioural monitoring or targeted advertising directed at children is prohibited. 

Ongoing debate on Method to obtain Verifiable Consent

Section 9 of the DPDP Act gives parents or lawful guardians more control over their children's data and privacy, and it empowers them to make decisions about how to manage their children's online activities/permissions. However, obtaining such verifiable consent from the parent or legal guardian presents a quandary. It was expected that the upcoming 'DPDP rules,' which have yet to be notified by the Central Government, would shed light on the procedure of obtaining such verifiable consent from a parent or lawful guardian.

However, In the meeting held on 18th July 2024, between MeitY and social media companies to discuss the upcoming Digital Personal Data Protection Rules (DPDP Rules), MeitY stated that it may not intend to prescribe a ‘specific mechanism’ for Data Fiduciaries to verify parental consent for minors using digital services. MeitY instead emphasised obligations put forth on the data fiduciary under section 8(4) of the DPDP Act to implement “appropriate technical and organisational measures” to ensure effective observance of the provisions contained under this act. 

In a recent update, MeitY held a review meeting on DPDP rules, where they focused on a method for determining children's ages. It was reported that the ministry is making a few more revisions before releasing the guidelines for public input.

CyberPeace Policy Outlook

CyberPeace in its policy recommendations paper published last month, (available here) also advised obtaining verifiable parental consent through methods such as Government Issued ID, integration of parental consent at ‘entry points’ like app stores,  obtaining consent through consent forms, or drawing attention from foreign laws such as California Privacy Law, COPPA, and developing child-friendly SIMs for enhanced child privacy.

CyberPeace in its policy paper also emphasised that when deciding the method to obtain verifiable consent, the respective platforms need to be aligned with the fact that verifiable age verification must be done without compromising user privacy. Balancing user privacy is a question of both technological capabilities and ethical considerations. 

DPDP Act is a brand new framework for protecting digital personal data and also puts forth certain obligations on Data Fiduciaries and provides certain rights to Data Principal. With upcoming ‘DPDP Rules’ which are expected to be notified soon, will define the detailed procedure for the implementation of the provisions of the Act. MeitY is refining the DPDP rules before they come out for public consultation. The approach of NCPCR is aimed at ensuring child safety in this digital era. We hope that MeitY comes up with a sound mechanism for obtaining verifiable consent from parents/lawful guardians after taking due consideration to recommendations put forth by various stakeholders, expert organisations and concerned authorities such as NCPCR. 

References

1. https://www.moneycontrol.com/technology/dpdp-rules-ncpcr-to-recommend-meity-to-bring-in-kyc-based-age-verification-for-children-article-12801563.html
2. https://pune.news/government/ncpcr-pushes-for-kyc-based-age-verification-in-digital-data-protection-a-new-era-for-child-safety-215989/#:~:text=During%20this%20meeting%2C%20NCPCR%20issued,consent%20before%20processing%20their%20data
3. https://www.hindustantimes.com/india-news/ncpcr-likely-to-seek-clause-for-parents-consent-under-data-protection-rules-101724180521788.html
4. https://www.drishtiias.com/daily-updates/daily-news-analysis/dpdp-act-2023-and-the-isssue-of-parental-consent

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Introduction

Ministry of Electronics and Information Technology (MeitY) Announces to Centre Government to Plan to Certify Permissible Online Games.

In a recent update to the notification released by the Ministry of Electronics and Information Technology (MeitY) on April 6, MeitY has requested gaming entities to establish self-regulatory organisations (SROs) within a timeframe of 30 days or a maximum of 90 days from the date of the notification, which is April 6, 2023. The Ministry of Electronics and Information Technology (MeitY) has further announced that the central government will certify which online games are permissible until the SROs are officially established. The intention behind establishing SROs is to assist intermediaries, such as Apple or Google, in determining what constitutes a permitted online game, but the SRO will take 2-3 months to complete. In the meanwhile, the Central government will step in and determine what is a permissible online game.

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 & Intermediary Guidelines and Digital Media Ethics Code Amendment Rules, 2023

By enacting these rules, the Indian government has taken decisive action to protect Indian gamers and their financial resources against scams and fraud. The rules also serve to promote responsible gaming while preventing young and vulnerable users from being exposed to indecent or abusive content.

Amendment Rules developed the concept of a “Permissible online real money game.” This designation is reserved for games that have passed a review process conducted by a self-regulatory body (SRB).  Amendment rules indicate that Online Gaming Intermediaries must ensure that they do not permit any third party to host non-permissible online real money games on their platforms. This development is important because it empowers us to distinguish between legitimate and illicit real money games.

The Amendment Rules define an online gaming provider as an “intermediary” under the Information Technology Act of 2000, creating a separate classification called ‘Online Gaming Intermediary’.

Central government to certify what is an ‘Online Permissible Game’

The industry has been wondering what games come under wagering and will be banned. So, until the SROs are officially established, the government, in the interim, will certify what is a permissible game, what is wagering, and what is not wagering. Games that involve elements of wagering are going to be barred. The new regulations prohibit wagering on any outcome, whether in skill-based or chance-based games. Hence gaming applications involving wagering and betting apps will be barred.

Self-Regulatory Organizations (SROs)

According to the new regulations by the Ministry of Electronics and Information Technology (MeitY), online gaming intermediaries must establish a Self-Regulatory Body (SRO) to approve games offered to users over the Internet. The SRO must be registered with the Ministry and develop a framework to ensure compliance with the IT Rules 2021 objectives. An ‘online game’ can be registered by the SRO if it meets specific criteria, which include that the game is offered by an online gaming intermediary that is a member of the self-regulatory body, the game is not containing any content harmful to India’s interests, and complying with all relevant Indian regulations. If these requirements are met, the intermediary can display a visible registration mark indicating its registration with the self-regulatory authority.

Conclusion

MeitY found that with the rapid growth of the gaming industry, the real money gaming (RMG) sector had to be regulated properly. Rules framed must be properly implemented to stop gambling, betting, and wagering apps.

The IT Rules 2021, along with the Amendment Rules 2023, are created to take concrete action to curb the proliferation of gambling, betting, and wagering apps in India. These rules empower to issue of directives to ban specific apps that facilitate or promote such activities. The app ban directive allows the government to take decisive action by blocking access to these apps, making them unavailable for download or use within the country. This measure is aimed at curbing the negative impact of gambling, betting, and wagering on individuals and society, including issues related to addiction, financial loss, and illegal activities. Rules aim to actively combat the spread and influence of such apps and provide a safer online environment for gaming users.

The self-regulatory body in the context of online gaming will have the authority to grant membership to gaming intermediaries, register online games, develop a framework for regulation, interact with the Central Government, address user complaints, report instances of non-compliance, and take necessary actions to safeguard online gaming users.

Executive Summary: 

A viral post on X (formerly twitter) shared with misleading captions about Gautam Adani being arrested in public for fraud, bribery and corruption. The charges accuse him, his nephew Sagar Adani and 6 others of his group allegedly defrauding American investors and orchestrating a bribery scheme to secure a multi-billion-dollar solar energy project awarded by the Indian government. Always verify claims before sharing posts/photos  as this came out to be AI-generated. 

Claim:

An image circulating of public arrest after a US court accused Gautam Adani and executives of bribery. 

Fact Check:

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There are multiple anomalies as we can see in the picture attached below, (highlighted in red circle) the police officer grabbing Adani’s arm has six fingers. Adani’s other hand is completely absent. The left eye of an officer (marked in blue) is inconsistent with the right. The faces of officers (marked in yellow and green circles) appear distorted, and another officer (shown in pink circle) appears to have a fully covered face. With all this evidence the picture is too distorted for an image to be clicked by a camera.     

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A thorough examination utilizing AI detection software concluded that the image was synthetically produced.

Conclusion:

A viral image circulating of the public arrest of Gautam Adani after a US court accused of bribery. After analysing the image, it is proved to be an AI-Generated image and there is no authentic information in any news articles. Such misinformation spreads fast and can confuse and harm public perception. Always verify the image by checking for visual inconsistency and using trusted sources to confirm authenticity.

• Claim:  Gautam Adani arrested in public by law enforcement agencies
• Claimed On: Instagram and X (Formerly Known As Twitter)
• Fact Check: False and Misleading

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