#FactCheck -AI-Generated Video Falsely Attributes Communal Remarks to Suvendu Adhikari; Fact Check Finds No Authentic Evidence

Introduction

In an era where digitalization is transforming every facet of life, ensuring that personal data is protected becomes crucial. The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) is a significant step that has been taken by the Indian Parliament which sets forth a comprehensive framework for Digital Personal Data. The Draft Digital Personal Data Protection Rules, 2025 has recently been released for public consultation to supplement the Act and ensure its smooth implementation once finalised. Though noting certain positive aspects, there is still room for addressing certain gaps and multiple aspects under the draft rules that require attention. The DPDP Act, 2023 recognises the individual’s right to protect their personal data providing control over the processing of personal data for lawful purposes. This Act applies to data which is available in digital form as well as data which is not in digital form but is digitalised subsequently. While the Act is intended to offer wide control to the individuals (Data Principal) over their personal information, its impact on vulnerable groups such as ‘Persons with Disabilities’ requires closer scrutiny. 

Person with Disabilities as data principal

The term ‘data principal’ has been defined under the DPDP Act under Section 2(j) as a person to whom the personal data is related to, which also includes a person with a disability. A lawful guardian acting on behalf of such person with disability has also been included under the ambit of this definition of Data Principal. As a result, a lawful guardian acting on behalf of a person with disability will have the same rights and responsibilities as a data principal under the Act. 

• Section 9 of the DPDP Act, 2023 states that before processing the personal data of a person with a disability who has a lawful guardian, the data fiduciary must obtain verifiable consent from that guardian, ensuring proper protection of the person with disability's data privacy.
• The data principal has the right to access information about personal data under Section 11 which is being processed by the data fiduciary.
• Section 12 provides the right to correction and erasure of personal data by making a request in a manner prescribed by the data fiduciary. 
• A right to grievance redressal must be provided to the data principal in respect of any act or omission of performance of obligations by the data fiduciary or the consent manager. 
• Under Section 14, the data principal has the right to nominate any other person to exercise the rights provided under the Act in case of death or incapacity. 

Provision of consent and its implication

The three key components of Consent that can be identified under the DPDP Act, are:

• Explicit and Informed Consent: Consent given for the processing of data by the data principal or a lawful guardian in case of persons with disabilities must be clear, free and informed as per section 6 of the Act. The data fiduciary must specify the itemised description of the personal data required along with the specified purpose and description of the goods or services that would be provided by such processing of data. (Rule 3 under Draft Digital Personal Data Protection Rules)

• Verifiable Consent: Section 9 of the DPDP Act provides that the data fiduciary needs to obtain verifiable consent of the lawful guardian before processing any personal data of such a person with a disability.  Rule 10 of the Draft Rules obligates the data fiduciary to adopt measures to ensure that the consent given by the lawful guardian is verifiable before the is processed. 
• Withdrawal of Consent: Data principal or such lawful guardian has the option to withdraw consent for the processing of data at any point by making a request to the data fiduciary.   

Although the Act includes certain provisions that focus on the inclusivity of persons with disability, the interpretation of such sections says otherwise. 

Concerns related to provisions for Persons with Disabilities under the DPDP Act:

• Lack of definition of ‘person with disabilities’: The DPDP Act or the Draft Rules does not define the term ‘persons with disabilities’. This will create confusion as to which categories of disability are included and up to what percentage.  The Rights of Persons with Disabilities Act, 2016 clearly defines ‘person with benchmark disability’, ‘person with disability’ and ‘person with disability having high support needs’. This categorisation is essential to determine up to what extent a person with disability needs a lawful guardian which is missing under the DPDP Act.   
• Lack of autonomy: Though the definition of data principal includes persons with disabilities however the decision-making authority has been given to the lawful guardian of such individuals. The section creates ambiguity for people who have a lower percentage of disability and are capable of making their own decisions and have no autonomy in making decisions related to the processing of their personal data because of the lack of clarity in the definition of ‘persons with disabilities’. 
• Safeguards for abuse of power by lawful guardian: The lawful guardian once verified by the data fiduciary can make decisions for the persons with disabilities. This raises concerns regarding the potential abuse of power by lawful guardians in relation to the handling of personal data. The DPDP Act does not provide any specific protection against such abuse.
• Difficulty in verification of consent: The consent obtained by the Data Fiduciary must be verified. The process that will be adopted for verification is at the discretion of the data fiduciary according to Rule 10 of the Draft Data Protection Rules. The authenticity of consent is difficult to determine as it is a complex process which lacks a standard format. Also, with the technological advancements, it would be challenging to identify whether the information given to verify the consent is actually true. 

CyberPeace Recommendations

The DPDP Act, 2023 is a major step towards making the data protection framework more comprehensive, however, the provisions related to persons with disabilities and powers given to lawful guardians acting on their behalf still need certain clarity and refinement within the DPDP Act framework. 

• Consonance of DPDP with Rights of Persons with Disabilities (RPWD) Act, 2016: The RPWD and DPDP Act should supplement each other and can be used to clear the existing ambiguities. Such as the definition of ‘persons with disabilities’ under the RPWD Act can be used in the context of the DPDP Act, 2023. 
• Also, there must be certain mechanisms and safeguards within the Act to prevent abuse of power by the lawful guardian. The affected individual in case of suspected abuse of power should have an option to file a complaint with the Data Protection Board and the Board can further take necessary actions to determine whether there is abuse of power or not. 
• Regulatory oversight and additional safeguards are required to ensure that consent is obtained in a manner that respects the rights of all individuals, including those with disabilities. 

References:

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
• https://www.meity.gov.in/writereaddata/files/259889.pdf 
• https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf 
• https://www.deccanherald.com/opinion/consent-disability-rights-and-data-protection-3143441
• https://www.pacta.in/digital-data-protection-consent-protocols-for-disability.pdf
• https://www.snrlaw.in/indias-new-data-protection-regime-tracking-updates-and-preparing-for-compliance/ 

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Introduction

The world has been riding the wave of technological advancements, and the fruits it has born have impacted our lives. Technology, by its virtue, cannot be quantified as safe or unsafe it is the application and use of technology which creates the threats. Its times like this, the importance and significance of policy framework are seen in cyberspace. Any technology can be governed by means of policies and laws only. In this blog, we explore the issues raised by the EU for the tech giants and why the Indian Govt is looking into probing Whatsapp.

EU on Big Techs

Eu has always been seen to be a strong policy maker for cyberspace, and the same can be seen from the scope, extent and compliance of GDPR. This data protection bill is the holy grail for worldwide data protection bills. Apart from the GDPR, the EU has always maintained strong compliance demographics for the big tech as most of them have originated outside of Europe, and the rights of EU citizens come into priority above anything else.

New Draft Notification

According to the draft of the new notification, Amazon, Google, Microsoft and other non-European Union cloud service providers looking to secure an EU cybersecurity label to handle sensitive data can only do so via a joint venture with an EU-based company. The document adds that the cloud service must be operated and maintained from the EU, all customer data must be stored and processed in the EU, and EU laws take precedence over non-EU laws regarding the cloud service provider. Certified cloud services are operated only by companies based in the EU, with no entity from outside the EU having effective control over the CSP (cloud service provider) to mitigate the risk of non-EU interfering powers undermining EU regulations, norms and values.

This move from the EU is still in the draft phase however, it is expected to come into action soon as issues related to data breaches of EU citizens have been reported on numerous occasions. The document said the tougher rules would apply to personal and non-personal data of particular sensitivity where a breach may have a negative impact on public order, public safety, human life or health, or the protection of intellectual property.

How will it secure the netizens?

Since the EU has been the leading policy maker in cyberspace, it is often seen that the rules and policies of the EU are often replicated around the world. Hence this move comes at a critical time as the EU is looking towards safeguarding the EU netizens and the Cyber security industry in the EU by allowing them to collaborate with big tech while maintaining compliance. Cloud services can be protected by this mechanism, thus ensuring fewer instances of data breaches, thus contributing to a dip in cyber crimes and attacks.

The Indian Govt on WhatsApp

The Indian Govt has decided to probe Whatsapp and its privacy settings. One of the Indian Whatsapp users tweeted a screenshot of WhatsApp accessing the phone’s mic even when the phone was not in use, and the app was not open even in the background. The meta-owned Social messaging platform enjoys nearly 487 million users in India, making it their biggest market. The 2018 judgement on Whatsapp and its privacy issues was a landmark judgement, but the platform is in violation of the same.

The MoS, Ministry of Electronics and Information Technology, Rajeev Chandrashekhar, has already tweeted that the issue will be looked into and that they will be punished if the platform is seen violating the guidelines. The Digital Personal Data Protection Bill is yet to be tabled at the parliament. Still, despite the draft bill being public, big platforms must maintain the code of conduct to maintain compliance when the bill turns into an Act.

Threats for Indian Users

The Indian Whatsapp user contributes to the biggest user base un the world, and still, they are vulnerable to attacks on WhatsApp and now WhatsApp itself. The netizens are under the following potential threats –

• Data breaches
• Identity theft
• Phishing scams
• Unconsented data utilisation
• Violation of Right to Privacy
• Unauthorised flow of data outside India
• Selling of data to a third party without consent

The Indian netizen needs to stay vary of such issues and many more by practising basic cyber safety and security protocols and keeping a check on the permissions granted to apps, to keep track of one’s digital footprint.

Conclusion

Whether it’s the EU or Indian Government, it is pertinent to understand that the world powers are all working towards creating a safe and secured cyberspace for its netizens. The move made by the EU will act as a catalyst for change at a global level, as once the EU enforces the policy, the world will soon replicate it to safeguard their cyber interests, assets and netizens. The proactive stance of the Indian Government is a crucial sign that the things will not remain the same in the Indian Cyber ecosystem, and its upon the platforms and companies to ensure compliance, even in the absence of a strong legislation for cyberspace. The government is taking all steps to safeguard the Indian netizen, as the same lies in the souls and spirit of the new Digital India Bill, which will govern cyberspace in the near future. Still, till then, in order to maintain the synergy and equilibrium, it is pertinent for the platforms to be in compliance with the laws of natural justice.

Overview of the Advisory

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On 18 November 2025, the Ministry of Information and Broadcasting (I&B) published an Advisory that addresses all of the private satellite television channels in India. The advisory is one of the critical institutional interventions to the broadcast of sensitive content regarding recent security incidents concerning the blast at the Red Fort on November 10^th, 2025. This advisory came after the Ministry noticed that some news channels have been broadcasting content related to alleged persons involved in Red Fort blasts, justifying their acts of violence, as well as information/video on explosive material. Broadcasting like this at this critical situation may inadvertently encourage or incite violence, disrupt public order, and pose risks to national security. 

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Key Instructions under the Advisory

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The advisory provides certain guidelines to the TV channels to ensure strict compliance with the Programming and Advertising Code under the Cable Television Networks (Regulation) Act, 1995. The television channels are advised to exercise the highest level of discretion and sensitivity possible in reporting on issues involving alleged perpetrators of violence, and especially when reporting on matters involving the justification of acts of violence or providing instructional media on making explosive materials. The fundamental focus is to be very strict in following the Programme and Advertising Code as stipulated in the Cable Television Network Rules. In particular, broadcasters should not make programming that:

• Contain anything obscene, defamatory, deliberately false, or suggestive innuendos and half-truths.
• Likely to encourage or incite violence, contain anything against the maintenance of law and order, or promote an anti-national attitude.
• Contain anything that affects the integrity of the Nation.
• Could aid, abet or promote unlawful activities.

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Responsible Reporting Framework

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The advisory does not constitute outright censorship but instead a self-regulatory system that depends on the discretion and sensitivity of the TV channels focused on differentiating between broadcasting legitimate news and the content that crosses the threshold from information dissemination to incitement. 

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Why This Advisory is Important in a Digital Age

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With the modern media systems, there has been an erosion of the line between the journalism of the traditional broadcasting medium and digital virality. The contents of television are no longer limited to the scheduled programs or cable channels of distribution. The contents of a single news piece, especially that of dramatic or contentious nature, can be ripped off, revised and repackaged on social media networks within minutes of airing- often without the context, editorial discretion or timing indicators.

This effect makes sensitive content have a multiplier effect. The short news item about a suspect justifying violence or containing bombs can be viewed by millions on YouTube, WhatsApp, Twitter/X, Facebook, by spreading organically and being amplified by an algorithm. Studies have shown that misinformation and sensational reporting are much faster to circulate compared to factual corrections- a fact that has been noticed in the recent past during conflicts and crisis cases in India and other parts of the world.

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Vulnerabilities of Information Ecosystems

• The advisory is created in a definite information setting that is characterised by:
• Rapid Viral Mechanism: Content spreads faster than the process of verification. 
• Algorithmic-driven amplification: Platform mechanism boosts emotionally charged content.
• Coordinated amplification networks: Organised groups are there to make these posts, videos viral, to set a narrative for the general public. 
• Deepfake and synthetic media risks: Original broadcasts can be manipulated and reposted with false attribution. 

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Interconnection with Cybersecurity and National Security

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Verified or sensationalised reporting of security incidents poses certain weaknesses:

1. Trust Erosion: Trust is broken when the masses observe broadcasters in the air giving unverified claims or emotional accounts as facts. This is even to security agencies, law enforcement and government institutions themselves. The lack of trust towards the official information gives rise to information gaps, which are occupied by rumours, conspiracy theories, and enemy tales.
2. Cognitive Fragmentation: Misinformation develops multiple versions of the truth among the people. The narratives given to citizens vary according to the sources of the media that they listen to or read. This disintegration complicates organising the collective response of the society an actual security threat because the populations can be organised around misguided stories and not the correct data.
3. Radicalisation Pipeline: People who are interested in finding ideological backgrounds to violent action might get exposed to media-created materials that have been carefully distorted to evidence justifications of terrorism as a valid political or religious stand.

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How Social Instability Is Exploited in Cyber Operations and Influence Campaigns

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Misinformation causes exploitable vulnerability in three phases. 

1. First, conflicting unverified accounts disintegrate the information environment-populations are presented with conflicting versions of events by various media sources. 
2. Second, institutional trust in media and security agencies is shaken by exposure to subsequently rectified false information, resulting in an information vacuum. 
3. Third, in such a distrusted and puzzled setting, the population would be susceptible to organised manipulation by malicious agents.
4. Sensationalised broadcasting gives opponents assets of content, narrative frameworks, and information gaps that they can use to promote destabilisation movements. These mechanisms of exploitation are directly opposed by responsible broadcasting.

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Media Literacy and Audience Responsibility

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Structural Information Vulnerabilities-

A major part of the Indian population is structurally disadvantaged in information access:

• Language barriers: Infrastructure in the field of fact-checking is still highly centralised in English and Hindi, as vernacular-language misinformation goes viral in Tamil, Telugu, Marathi, Punjabi, and others.

• Digital literacy gaps: It is estimated that there are about 40 million people in India who have been trained on digital literacy, but more than 900 million Indians access digital content with different degrees of ability to critically evaluate the content.
• Divides between rural and urban people: Rural citizens and less affluent people experience more difficulty with access to verification tools and media literacy resources.
• Algorithmic capture: social media works to maximise engagement over accuracy, and actively encourages content that is emotionally inflammatory or divisive to its users, according to their history of engagement.

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Conclusion

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The advisory of the Ministry of Information and Broadcasting is an acknowledgment of the fact that media accountability is a part of state security in the information era. It states the principles of responsible reporting without interference in editorial autonomy, a balance that various stakeholders should uphold. Implementation of the advisory needs to be done in concert with broadcasters, platforms, civil society, government and educational institutions. Information integrity cannot be handled by just a single player. Without media literacy resources, citizens are unable to be responsible in their evaluation of information. Without open and fast communication with the media stakeholders, government agencies are unable to combat misinformation. 

The recommendations include collaborative governance, i.e., institutional forms in which media self-regulation, technological protection, user empowerment, and policy frameworks collaborate and do not compete. The successful deployment of measures will decide whether India can continue to have open and free media without compromising on information integrity that is sufficient to provide national security, democratic governance and social stability during the period of high-speed information flow, algorithmic amplification, and information warfare actions.

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References

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https://mib.gov.in/sites/default/files/2025-11/advisory-18.11.2025.pdf

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