#FactCheck -No Evidence IPS Officer Ajay Pal Sharma Has Been Deputed to West Bengal for Five Years

Introduction

In the age of digital technology, the concept of net neutrality has become more crucial for preserving the equity and openness of the internet. Thanks to net neutrality, all internet traffic is treated equally, without difference or preferential treatment. Thanks to this concept, users can freely access and distribute content, which promotes innovation, competition, and the democratisation of knowledge. India has seen controversy over net neutrality, which has led to a legal battle to protect an open internet. In this blog post, we’ll look at the challenges of the law and the efforts made to safeguard net neutrality in India.

Background on Net Neutrality in India

Net neutrality became a hot topic in India after a major telecom service provider suggested charging various fees for accessing different parts of the internet. Internet users, activists, and organisations in favour of an open internet raised concern over this. Millions of comments were made on the consultation document by the Telecom Regulatory Authority of India (TRAI) published in 2015, highlighting the significance of net neutrality for the country’s internet users.

Legal Battle and Regulatory Interventions

The battle for net neutrality in India acquired notoriety when TRAI released the “Prohibition of Discriminatory Tariffs for Data Services Regulations” in 2016. These laws, often known as the “Free Basics” prohibition, were created to put an end to the usage of zero-rating platforms, which exempt specific websites or services from data expenses. The regulations ensured that all data on the internet would be handled uniformly, regardless of where it originated.

But the legal conflict didn’t end there. The telecom industry challenged TRAI’s regulations, resulting in a flurry of legal conflicts in numerous courts around the country. The Telecom Regulatory Authority of India Act and its provisions of it that control TRAI’s ability to regulate internet services were at the heart of the legal dispute.

The Indian judicial system greatly helped the protection of net neutrality. The importance of non-discriminatory internet access was highlighted in 2018 when the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) upheld the TRAI regulations and ruled in favour of net neutrality. The TDSAT ruling created a crucial precedent for net neutrality in India. In 2019, after several rounds of litigation, the Supreme Court of India backed the principles of net neutrality, declaring that it is a fundamental idea that must be protected. The nation’s legislative framework for preserving a free and open internet was bolstered by the ruling by the top court.

Ongoing Challenges and the Way Forward

Even though India has made great strides towards upholding net neutrality, challenges persist. Because of the rapid advancement of technology and the emergence of new services and platforms, net neutrality must always be safeguarded. Some practices, such as “zero-rating” schemes and service-specific data plans, continue to raise questions about potential violations of net neutrality principles. Regulatory efforts must be proactive and under constant watch to allay these worries. The regulatory organisation, TRAI, is responsible for monitoring for and responding to breaches of the net neutrality principles. It’s crucial to strike a balance between promoting innovation and competition and maintaining a free and open internet.

Additionally, public awareness and education on the issue are crucial for the continuation of net neutrality. By informing users of their rights and promoting involvement in the conversation, a more inclusive and democratic decision-making process is assured. Civil society organisations and advocacy groups may successfully educate the public about net neutrality and gain their support.

Conclusion

The legal battle for net neutrality in India has been a significant turning point in the campaign to preserve an open and neutral internet. A robust framework for net neutrality in the country has been established thanks to legislative initiatives and judicial decisions. However, due to ongoing challenges and the dynamic nature of technology, maintaining net neutrality calls for vigilant oversight and strong actions. An open and impartial internet is crucial for fostering innovation, increasing free speech, and providing equal access to information. India’s attempts to uphold net neutrality should motivate other nations dealing with similar issues. All parties, including politicians, must work together to protect the principles of net neutrality and ensure that the Internet is accessible to everyone.

Introduction

The development of high-speed broadband internet in the 90s triggered a growth in online gaming, particularly in East Asian countries like South Korea and China. This culminated in the proliferation of competitive video game genres, which had otherwise existed mostly in the form of high-score and face-to-face competitions at arcades. The online competitive gaming market has only become bigger over the years, with a separate domain for professional competition, called esports. This industry is projected to reach US$4.3 billion by 2029,  driven by advancements in gaming technology, increased viewership, multi-million dollar tournaments, professional leagues, sponsorships, and advertising revenues. However, the industry is still in its infancy and struggles with fairness and integrity issues. It can draw lessons in regulation from the traditional sports market to address these challenges for uniform global growth.

The Growth of Esports

The appeal of online gaming lies in its design innovations, social connectivity, and accessibility. Its rising popularity has culminated in online gaming competitions becoming an industry, formally organised into leagues and tournaments with reward prizes reaching up to millions of dollars. Professional teams now have coaches, analysts and psychologists supporting their players. For scale, the 2024 ESports World Cup (EWS) held in Saudi Arabia had the largest combined prize pool of over US$60 million. Such tournaments can be viewed in arenas and streamed online, and by 2025, around 322.7 million people are forecast to be occasional viewers of esports events. 

According to Statista, esports revenue is expected to demonstrate an annual growth rate (CAGR 2024-2029) of 6.59%, resulting in a projected market volume of US$5.9 billion by 2029. Esports has even been recognised in traditional sporting events, debuting as a medal sport in the Asian Games 2022. In 2024, the International Olympic Committee (IOC) announced the Olympic Esports Games, with the inaugural event set to take place in 2025 in Saudi Arabia. Hosting esports events such as the EWS is expected to boost tourism and the host country’s local economy.

The Challenges of Esports Regulation

While the esports ecosystem provides numerous opportunities for growth and partnerships, its under-regulation presents challenges. Due to the lack of a single governing body like the IOC for the Olympics or FIFA for football to lay down centralised rules, the industry faces certain challenges, such as : 

1. Integrity issues: Esports are not immune to cheating attempts. Match-fixing, using advanced software hacks, doping (e.g., Adderall use), and the use of other illegal aids are common.  DOTA, Counter-Strike, and Overwatch tournaments are particularly susceptible to cheating scandals. 
2. Players’ Rights: The teams that contractually own professional players provide remuneration and exercise significant control over athletes, who face issues like overwork, a short-lived career, stress, the absence of collective bargaining forums, instability, etc. 
3. Fragmented National Regulations: While multiple countries have recognised esports as a sport, policies on esports governance and allied regulation vary within and across borders. For example, age restrictions and laws on gambling, taxation, labour, and advertising differ by country. This can create confusion, risks and extra costs, impacting the growth of the ecosystem. 
4. Cybersecurity Concerns: The esports industry carries substantial prize pools and has growing viewer engagement, which makes it increasingly vulnerable to Distributed Denial of Service (DDoS) attacks, malware, ransomware, data breaches, phishing, and account hijacking. Tournament organisers must prioritise investments in secure network infrastructure, perform regular security audits, encrypt sensitive data, implement network monitoring, utilise API penetration testing tools, deploy intrusion detection systems, and establish comprehensive incident response and mitigation plans.

Proposals for Esports Regulation: Lessons from Traditional Sports

To address the most urgent challenges to the esports industry as outlined above,  the following interventions, drawing on the governance and regulatory frameworks of traditional sports, can be made:

1. Need for a Centralised Esports Governing Body: Unlike traditional sports, the esports landscape lacks a Global Sports Organisation (GSO) to oversee its governance. Instead, it is handled de facto by game publishers with industry interests different from those of traditional GSOs. Publishers’ primary source of revenue is not esports, which means they can adopt policies unsuitable for its growth but good for their core business. Appointing a centralised governing body with the power to balance the interests of multiple stakeholders and manage issues like unregulated gambling, athlete health, and integrity challenges is a logical next step for this industry. 
2. Gambling/Betting Regulations: While national laws on gambling/betting vary, GSOs establish uniform codes of conduct that bind participants contractually, ensuring consistent ethical standards across jurisdictions. Similar rules in esports are managed by individual publishers/ tournament organisers, leading to inconsistencies and legal grey areas. The esports ecosystem needs standardised regulation to preserve fair play codes and competitive integrity.
3. Anti-Doping Policies: There is increasing adderall abuse among young players to enhance performance with the rising monetary stakes in esports. The industry must establish a global framework similar to the  World Anti-Doping Code, which, in conjunction with eight international standards, harmonises anti-doping policies across all traditional sports and countries in the world. The esports industry should either adopt this or develop its own policy to curb stimulant abuse. 
4. Norms for Participant Health:  Professional players start around age 16 or 17 and tend to retire around 24. They may be subjected to rigorous practice hours and stringent contracts by the teams that own them. There is a need for international norm-setting by a federation overseeing the protection of underage players. Enforcement of these norms can be one of the responsibilities of a decentralised system comprising country and state-level bodies. This also ensures fair play governance.
5. Respect and Diversity:  While esports is technologically accessible, it still has room for better representation of diverse gender identities, age groups, abilities, races, ethnicities, religions, and sexual orientations. Embracing greater diversity and inclusivity would benefit the industry's growth and enhance its potential to foster social connectivity through healthy competition.

Conclusion

The development of the world’s first esports island in Abu Dhabi gives impetus to the rapidly growing esports industry with millions of fans across the globe. To sustain this momentum, stakeholders must collaborate to build a strong governance framework that protects players, supports fans, and strengthens the ecosystem. By learning from traditional sports, esports can establish centralised governance, enforce standardised anti-doping measures, safeguard athlete rights, and promote inclusivity, especially for young and diverse communities. Embracing regulation and inclusivity will not only enhance esports' credibility but also position it as a powerful platform for unity, creativity, and social connection in the digital age.

Resources

• https://www.statista.com/outlook/amo/esports/worldwide
• https://www.statista.com/statistics/490480/global-esports-audience-size-viewer-type/ 
• https://asoworld.com/blog/global-esports-market-report-2024/#:~:text=A%20key%20driver%20of%20this%20growth%20is%20the%20Sponsorship%20%26%20Advertising,US%24288.9%20million%20in%202024. 
• https://lawschoolpolicyreview.com/2023/12/28/a-case-for-recognising-professional-esports-players-as-employees-of-their-game-publisher/ 
• https://levelblue.com/blogs/security-essentials/the-hidden-risks-of-esports-cybersecurity-on-the-virtual-battlefield 
• https://medium.com/@heyimJoost/esports-governance-and-its-failures-9ac7b3ec37ea 
• https://www.google.com/search?q=adderall+abuse+in+esports&oq=adderall+abuse+in+esports&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRiPAjIHCAIQIRiPAtIBCDU2MDdqMGo5qAIAsAIB&sourceid=chrome&ie=UTF-8 
• https://americanaddictioncenters.org/blog/esports-adderall-abuse#:~:text=A%202020%20piece%20by%20the,it%20because%20everyone%20was%20using

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Digital vulnerabilities like cyber-attacks and data breaches proliferate rapidly in the hyper-connected world that is created today. These vulnerabilities can compromise sensitive data like personal information, financial data, and intellectual property and can potentially threaten businesses of all sizes and in all sectors. Hence, it has become important to inform all stakeholders about any breach or attack to ensure they can be well-prepared for the consequences of such an incident.  

The non-reporting of reporting can result in heavy fines in many parts of the world. Data breaches caused by malicious acts are crimes and need proper investigation. Organisations may face significant penalties for failing to report the event. Failing to report data breach incidents can result in huge financial setbacks and legal complications. To understand why transparency is vital and understanding the regulatory framework that governs data breaches is the first step. 

The Current Indian Regulatory Framework on Data Breach Disclosure

A data breach essentially, is the unauthorised processing or accidental disclosure of personal data, which may occur through its acquisition, sharing, use, alteration, destruction, or loss of access. Such incidents can compromise the affected data’s confidentiality, integrity, or availability. In India, the Information Technology Act of 2000 and the Digital Personal Data Protection Act of 2023 are the primary legislation that tackles cybercrimes like data breaches. 

• Under the DPDP Act, neither materiality thresholds nor express timelines have been prescribed for the reporting requirement. Data Fiduciaries are required to report incidents of personal data breach, regardless of their sensitivity or impact on the Data Principal. 
• The IT (Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013, the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, along with the Cyber Security Directions, under section 70B(6) of the IT Act, 2000, relating to information security practices, procedure, prevention, response and reporting of cyber incidents for Safe & Trusted Internet prescribed in 2022 impose mandatory notification requirements on service providers, intermediaries, data centres and corporate entities, upon the occurrence of certain cybersecurity incidents. 
• These laws and regulations obligate companies to report any breach and any incident to regulators such as the CERT-In and the Data Protection Board.

The Consequences of Non-Disclosure

A non-disclosure of a data breach has a manifold of consequences. They are as follows:

• Legal and financial penalties are the immediate consequence of a data breach in India. The DPDP Act prescribes a fine of up to Rs 250 Crore from the affected parties, along with suits of a civil nature and regulatory scrutiny. Non-compliance can also attract action from CERT-In, leading to more reputational damage.
• In the long term, failure to disclose data breaches can erode customer trust as they are less likely to engage with a brand that is deemed unreliable. Investor confidence may potentially waver due to concerns about governance and security, leading to stock price drops or reduced funding opportunities. Brand reputation can be significantly tarnished, and companies may struggle with retaining and attracting customers and employees. This can affect long-term profitability and growth.
• Companies such as BigBasket and Jio in 2020 and Haldiram in 2022 have suffered from data breaches recently. Poor transparency and delay in disclosures led to significant reputational damage, legal scrutiny, and regulatory actions for the companies.

Measures for Improvement: Building Corporate Reputation via Transparency

Transparency is critical when disclosing data breaches. It enhances trust and loyalty for a company when the priority is data privacy for stakeholders. Ensuring transparency mitigates backlash. It demonstrates a company’s willingness to cooperate with authorities. A farsighted approach instils confidence in all stakeholders in showcasing a company's resilience and commitment to governance. These measures can be further improved upon by:

• Offering actionable steps for companies to establish robust data breach policies, including regular audits, prompt notifications, and clear communication strategies. 
• Highlighting the importance of cooperation with regulatory bodies and how to ensure compliance with the DPDP Act and other relevant laws. 
• Sharing best public communications practices post-breach to manage reputational and legal risks.

Conclusion

Maintaining transparency when a data breach happens is more than a legal obligation. It is a good strategy to retain a corporate reputation. Companies can mitigate the potential risks (legal, financial and reputational) by informing stakeholders and cooperating with regulatory bodies proactively. In an era where digital vulnerabilities are ever-present, clear communication and compliance with data protection laws such as the DPDP Act build trust, enhance corporate governance, and secure long-term business success. Proactive measures, including audits, breach policies, and effective public communication, are critical in reinforcing resilience and fostering stakeholder confidence in the face of cyber threats.

References

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf 
• https://www.cert-in.org.in/PDF/CERT-In_Directions_70B_28.04.2022.pdf 
• https://chawdamrunal.medium.com/the-dark-side-of-covering-up-data-breaches-why-transparency-is-crucial-fe9ed10aac27 
• https://www.dlapiperdataprotection.com/index.html?t=breach-notification&c=IN