#FactCheck - Viral Video of Salman Khan and Govinda Falsely Linked to Mithun Chakraborty’s Death

Introduction

India's Competition Commission of India (CCI) on 18th November 2024 imposed a ₹213 crore penalty on Meta for abusing its dominant position in internet-based messaging through WhatsApp and online display advertising. The CCI order is passed against abuse of dominance by the Meta and relates to WhatsApp’s 2021 Privacy Policy. The CCI considers Meta a dominant player in internet-based messaging through WhatsApp and also in online display advertising. WhatsApp's 2021 privacy policy update undermined users' ability to opt out of getting their data shared with the group's social media platform Facebook. The CCI directed WhatsApp not to share user data collected on its platform with other Meta companies or products for advertising purposes for five years.

CCI Contentions

The regulator contended that for purposes other than advertising, WhatsApp's policy should include a detailed explanation of the user data shared with other Meta group companies or products specifying the purpose. The regulator also stated that sharing user data collected on WhatsApp with other Meta companies or products for purposes other than providing WhatsApp services should not be a condition for users to access WhatsApp services in India. CCI order is significant as it upholds user consent as a key principle in the functioning of social media giants, similar to the measures taken by some other markets.

Meta’s Stance  

WhatsApp parent company Meta has expressed its disagreement with the Competition Commission of India's(CCI) decision to impose a Rs 213 crore penalty on them over users' privacy concerns. Meta clarified that the 2021 update did not change the privacy of people's personal messages and was offered as a choice for users at the time. It also ensured no one would have their accounts deleted or lose functionality of the WhatsApp service because of this update.

Meta clarified that the update was about introducing optional business features on WhatsApp and providing further transparency about how they collect data. The company stated that WhatsApp has been incredibly valuable to people and businesses, enabling organization's and government institutions to deliver citizen services through COVID and beyond and supporting small businesses, all of which further the Indian economy. Meta plans to find a path forward that allows them to continue providing the experiences that "people and businesses have come to expect" from them. The CCI issued cease-and-desist directions and directed Meta and WhatsApp to implement certain behavioral remedies within a defined timeline.

The competition watchdog noted that WhatsApp's 2021 policy update made it mandatory for users to accept the new terms, including data sharing with Meta, and removed the earlier option to opt-out, categorized as an "unfair condition" under the Competition Act.  It was further noted that WhatsApp’s sharing of users’ business transaction information with Meta gave the group entities an unfair advantage over competing platforms.

CyberPeace Outlook

The 2021 policy update by WhatsApp mandated data sharing with Meta's other companies group, removing the opt-out option and compelling users to accept the terms to continue using the platform. This policy undermined user autonomy and was deemed as an abuse of Meta's dominant market position, violating Section 4(2)(a)(i) of the Competition Act, as noted by CCI.

The CCI’s ruling requires WhatsApp to offer all users in India, including those who had accepted the 2021 update, the ability to manage their data-sharing preferences through a clear and prominent opt-out option within the app. This decision underscores the importance of user choice, informed consent, and transparency in digital data policies.

By addressing the coercive nature of the policy, the CCI ruling establishes a significant legal precedent for safeguarding user privacy and promoting fair competition. It highlights the growing acknowledgement of privacy as a fundamental right and reinforces the accountability of tech giants to respect user autonomy and market fairness. The directive mandates that data sharing within the Meta ecosystem must be based on user consent, with the option to decline such sharing without losing access to essential services.

References

●       https://www.thehindu.com/business/Industry/cci-fines-whatsapp-meta-2021-privacy-policy/article68883219.ece/amp/

●       https://www.livemint.com/companies/cci-imposes-penalty-meta-breach-competition-law-whatsapp-privacy-policy-update-advertising-11731947005402.html

●       https://www.outlookbusiness.com/corporate/whatsapp-parent-meta-disagrees-with-cci-says-its-policy-furthers-indian-economy

●       https://www.hindustantimes.com/world-news/disagree-meta-to-challenge-ccis-order-on-whatsapp-data-sharing-policy-101732013196875.html

●       https://lawbeat.in/news-updates/cci-imposes-rs21314-crore-penalty-meta-abuse-dominant-position-whatsapps-2021-privacy

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Introduction

The 2023-24 annual report of the Union Home Ministry states that WhatsApp is among the primary platforms being targeted for cyber fraud in India, followed by Telegram and Instagram. Cybercriminals have been conducting frauds like lending and investment scams, digital arrests, romance scams, job scams, online phishing etc., through these platforms, creating trauma for victims and overburdening law enforcement, which is not always the best equipped to recover their money. WhatsApp’s scale, end-to-end encryption, and ease of mass messaging make it both a powerful medium of communication and a vulnerable target for bad actors. It has over 500 million users in India, which makes it a primary subject for scammers running illegal lending apps, phishing schemes, and identity fraud. 

Action Taken by Whatsapp

As a response to this worrying trend and in keeping with Rule 4(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, [updated as of 6.4.2023], WhatsApp has been banning millions of Indian accounts through automated tools, AI-based detection systems, and behaviour analysis, which can detect suspicious activity and misuse. In July 2021, it banned over 2 million accounts. By February 2025, this number had shot up to over 9.7 million, with  1.4 million accounts removed proactively, that is, before any user reported them.  While this may mean that the number of attacks has increased, or WhatsApp’s detection systems have improved, or both,  what it surely signals is the acknowledgement of a deeper, systemic challenge to India’s digital ecosystem and the growing scale and sophistication of cyber fraud, especially on encrypted platforms. 

CyberPeace Insights

1. Under Rule 4(1)(d) of the IT Rules, 2021, significant social media intermediaries (SSMIs) are required to implement automated tools to detect harmful content. But enforcement has been uneven. WhatsApp’s enforcement action demonstrates what effective compliance with proactive moderation can look like because of the scale and transparency of its actions. 
2. Platforms must treat fraud not just as a content violation but as a systemic abuse of the platform’s infrastructure. 
3. India is not alone in facing this challenge. The EU’s Digital Services Act (DSA), for instance, mandates large platforms to conduct regular risk assessments, maintain algorithmic transparency, and allow independent audits of their safety mechanisms. These steps go beyond just removing bad content by addressing the design of the platform itself. India can draw from this by codifying a baseline standard for fraud detection, requiring platforms to publish detailed transparency reports, and clarifying the legal expectations around proactive monitoring. Importantly, regulators must ensure this is done without compromising encryption or user privacy.
4. WhatsApp’s efforts are part of a broader, emerging ecosystem of threat detection. The Indian Cyber Crime Coordination Centre (I4C) is now sharing threat intelligence with platforms like Google and Meta to help take down scam domains, malicious apps, and sponsored Facebook ads promoting illegal digital lending. This model of public-private intelligence collaboration should be institutionalized and scaled across sectors.

Conclusion: Turning Enforcement into Policy

WhatsApp’s mass account ban is not just about enforcement but an example of how platforms must evolve. As India becomes increasingly digital, it needs a forward-looking policy framework that supports proactive monitoring, ethical AI use, cross-platform coordination, and user safety. The digital safety of users in India and those around the world must be built into the architecture of the internet.

References

• https://scontent.xx.fbcdn.net/v/t39.8562-6/486805827_1197340372070566_282096906288453586_n.pdf?_nc_cat=104&ccb=1-7&_nc_sid=b8d81d&_nc_ohc=BRGwyxF87MgQ7kNvwHyyW8u&_nc_oc=AdnNG2wXIN5F-Pefw_FTt2T4K6POllUyKpO7nxwzCWxNgQEkVLllHmh81AHT2742dH8&_nc_zt=14&_nc_ht=scontent.xx&_nc_gid=iaQzNQ8nBZzxuIS4rXLOkQ&oh=00_AfEnbac47YDXvymJ5vTVB-gXteibjpbTjY5uhP_sMN9ouw&oe=67F95BF0 
• https://scontent.xx.fbcdn.net/v/t39.8562-6/217535270_342765227288666_5007519467044742276_n.pdf?_nc_cat=110&ccb=1-7&_nc_sid=b8d81d&_nc_ohc=aj6og9xy5WQQ7kNvwG9Vzkd&_nc_oc=AdnDtVbrQuo4lm3isKg5O4cw5PHkp1MoMGATVpuAdOUUz-xyJQgWztGV1PBovGACQ9c&_nc_zt=14&_nc_ht=scontent.xx&_nc_gid=gabMfhEICh_gJFiN7vwzcA&oh=00_AfE7lXd9JJlEZCpD4pxW4OOc03BYcp1e3KqHKN9-kaPGMQ&oe=67FD6FD3 
• https://www.hindustantimes.com/india-news/whatsapp-is-most-used-platform-for-cyber-crimes-home-ministry-report-101735719475701.html 
• https://www.indiatoday.in/technology/news/story/whatsapp-bans-over-97-lakhs-indian-accounts-to-protect-users-from-scam-2702781-2025-04-02 

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The concept of web accessibility (i.e., access to the internet) stems from the recognition of internet access as an inalienable right. In 2016, the United Nations Human Rights Commission (UNHRC) General Assembly referred to the access to Internet as an essential human right. The Supreme Court of India also declared such internet access as a fundamental right under the Constitution of India. Various international instruments of which India is a signatory, such as the United Nations Convention on Rights of Persons with Disabilities (UNCRPD) mandate access to information. The heavy reliance on the internet and websites necessitates making the web space inclusive, navigational and accessible to all individuals, including persons with disabilities.

Various laws mandate web accessibility:

• Right of Persons with Disability Act, 2016: The Right of Persons with Disability Act 2016 Is the primary document for the protection of the rights of persons with disabilities to ensure their full participation. The Act provides several direct and indirect provisions (such as Section 2(y) “Reasonable Accommodation”, Section 40 on “Accessibility”, and Section 42 on “Access to Information and Communication Technology”) to ensure that technology products and services are accessible to a person with disabilities. 
• Rights of Persons with Disabilities Rules 2017: The 2017 rules under Rule 15 (2) task the respective Ministries and Departments to ensure compliance with accessibility standards.
• Guidelines for Indian Government Websites (GIGW): The GIGW provide a framework for websites to be designed in accordance with Web Content Accessibility Guidelines (WCAG) 2.0 standards. The GIGW enables websites to obtain certification by the Standardisation Testing and Quality Certification Directorate, after audit. 

Various other policies include;

• National Policy on Universal Electronic Accessibility, 2013: The National Policy ("Policy") on Electronic Accessibility recognizes the need to eliminate discrimination on the basis of disabilities and to facilitate equal access to Electronics & ICTs. The National Policy also recognizes the diversity of differently-abled persons and provides for their specific needs. The Policy covers accessibility requirements in the area of Electronics & ICT by different stakeholders. It recognizes the need to ensure that accessibility standards, guidelines and universal design concepts are adopted and adhered to.
• Web Content Accessibility Guidelines (WCAG): The WCAG defines how to make web content more accessible to persons with disabilities. While adhering to these guidelines is optional, various versions of the WCAG have been issued. It operates on four principles; perceivable, operable, understandable and robust. It provides a path to ensuring compliance and demonstrating reasonable accommodation for persons with disabilities.

However, despite the laws, web accessibility remains a challenge. A vast majority of Indian websites, especially e-commerce entities and several government websites remain inaccessible to persons with disabilities and most often do not conform with international accessibility standards. A report by the Centre of Internet and Society states that out of the 7800 websites of the Government of India, 5815 had accessibility barriers and 1985 websites failed to open. The report also notes that more than half of the websites had no navigation markup and only 52 websites had the option to change colours. The Ministry of Electronics and Information Technology (MeITy), during the 258^th Session of the Rajya Sabha on 9 December 2022 noted that 95 websites of the Central Government have been made accessible to persons with disabilities during the COVID-19 pandemic, however, only 45 websites of the Central Government have been certified as compliant under the Guidelines for Indian Government Websites (GIGW). As of that date, certification of the remaining governmental websites remains incomplete due to the pandemic. Meity also stated that the Department of Empowerment of Persons with Disabilities in 2017 sanctioned a project to be implemented by ERNET India for making 917 websites of State and Union territories. Under the project, a total of 647 websites have been made accessible as of that date.

Conclusion 

While India has established a robust legal framework and policies emphasizing the importance of web accessibility as a fundamental right, the existing gap between legislation and effective implementation poses a significant challenge. The reported accessibility barriers on numerous government and e-commerce websites indicate a pressing need for heightened efforts in enforcing and enhancing accessibility standards. 

In addressing these challenges, continued collaboration between government agencies, private entities and advocacy groups can play a crucial role. Ongoing monitoring, regular audits and public awareness campaigns may contribute to improving accessibility for persons with disabilities to ensure an inclusive environment and compliance with fundamental laws.

References:

1. https://www.legalserviceindia.com/legal/article-2967-right-to-internet-and-fundamental-rights.html 
2. https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf 
3. https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf 
4. https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf 
5. https://www.w3.org/TR/WCAG21/#:~:text=Web%20Content%20Accessibility%20Guidelines%20(WCAG)%202.1%20defines%20how%20to%20make,%2C%20learning%2C%20and%20neurological%20disabilities. 
6. https://www.boia.org/blog/india-digital-accessibility-laws-an-overview
7. https://cis-india.org/accessibility/accessibility-of-govt-websites.pdf/view 
8. https://sansad.in/rs/questions/questions-and-answers