#FactCheck: Fake Viral Video Claiming Vice Admiral AN Pramod saying that next time if Pakistan Attack we will complain to US and Prez Trump.

Introduction

In 2019 India got its bill on Data protection in the form of the Personal Data Protection Bill 2019. This bill focused on digital rights and duties pertaining to data privacy. However, the bill was scrapped by the Govt in mid-2022, and a new bill was drafted, Successor bill was introduced as the Digital Personal Data Protection Bill, 2022 on 18th November 2022, which was made open for public comments and consultations and now the bill is expected to be tabled at the parliament in the Monsoon session.

What is DPDP, 2022?

Digital Personal Data Protection Bill, is the lasted draft regulation for data privacy in India. The bill has been essentially focused towards data protection by companies and the keep aspect of Puttaswamy judgement of data privacy as a fundamental right has been upheld under the scope of the bill. The bill comes after nearly 150 recommendations which the parliamentary committee made when the PDP, 2019 was scrapped.

The bill highlights the following keen aspects-

• Data Fiduciary- The entity (an individual, company, firm, state, etc.) which decides the purpose and means of processing an individual’s personal data.
• Data Principle- The individual to whom personal data is related.
• Processing- The entire cycle of operations that can be carried out concerning personal data.
• Gender Neutrality- For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender.
• Right to Erase Data- Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
• Cross-border data transfer- The bill allows cross-border data after an assessment of relevant factors by the Central Government.
• Children’s Rights- The bill guarantees the right to digital privacy under the protection of parents/guardians.
• Heavy Penalties- The bill enforces heavy penalties for non-compliance with the provisions, not exceeding Rs 500 crore.

Data Protection Board

The bill lays down provisions for setting up a Data Protection Board. This board will be an independent body acting solely on the factors of data privacy and protection of the data principles and maintaining compliance by data fiduciaries. The board will be headed by a chairperson of essential and relevant qualifications, and members and various other officials shall assist him/her under the board. The board will serve grievance redressal to the data principles and can conduct investigation, inquiry, proceeding, and pass orders equivalent to a Civil court. The proceeding will be undertaken on the principle of natural justice, and the aggrieved can file an appeal to the High Court of appropriate jurisdiction.

Global Comparison

Many countries have data protection laws that regulate the processing of personal data. Some of the notable examples include:

• European Union: The EU’s General Data Protection Regulation (GDPR) is one of the world’s most comprehensive data protection laws. It regulates public and private entities’ processing of personal data and gives individuals a wide range of rights over their personal data.
• United States: The US has several data protection laws that apply to specific sectors or types of data, such as health data (HIPAA) or financial data (Gramm-Leach-Bliley Act). However, there is no comprehensive federal data protection law in the US.
• Japan: Japan’s Personal Information Protection Act (PIPA) regulates the handling of personal data by private entities and gives individuals certain rights over their personal data.
• Australia: Australia’s Privacy Act 1988 regulates the handling of personal data by public and private entities and gives individuals certain rights over their personal data.
• Brazil: Brazil’s General Data Protection Law (LGPD) regulates the processing of personal data by public and private entities and gives individuals certain rights over their personal data. It also imposes heavy fines and penalties on entities that violate the provisions of the law.

Overall, while there are some similarities in data protection laws across countries, there are also significant differences in scope, applicability, and enforcement. It is important for organisations to understand the data protection laws that apply to their operations and take appropriate steps to comply with these laws.

Parliamentary Asscent

The case of violation of the privacy policy by WhatsApp at the Hon’ble Supreme Court resulted in a significant advocacy for Data privacy as a fundamental right, and it was held that, as suggested otherwise in the privacy policy, Whatsapp was sharing its user’s data with Meta. This massive breach of trust could have led to data mismanagement affecting thousands of Indian users. The Hon’ble Supreme Court has taken due consideration of data privacy and its challenges in India and asked the Govt to table the bill in Parliament. The bill will be tabled for discussion in the monsoon session. The Supreme Court has set up a constitutional bench to check the bill’s scope, extent and applications and provide its judicial oversight.  The constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar has fixed the matter for hearing in August in order to enforce the potential changes and amendments in the act post the parliamentary discussion.

Conclusion

India is the world’s largest democracy, so the crucial aspects of passing laws and amendments have always been followed by the government and kept under check by the judiciary. The discussion over bills is a crucial part of the democratic process, and bills as important as Digital Personal Data Protection need to be discussed and analysed thoroughly in both houses of Parliament to ensure the govt passes a sustainable and efficient law.

Introduction

In the new age of technologies the internet and social media continue to witness a surge in deepfake videos a technological phenomenon that blurs the line between reality and fiction. The string of deepfake videos of Bollywood actors and other famous personalities has raised serious concerns. While Prime Minister Narendra Modi spoke against the risks of artificial intelligence at the G20 Virtual Summit. The central government has recently announced that it will soon set up dedicated regulations to tackle this Menace. This will include holding social media platforms and creators responsible for their actions against the rules and regulations. Very often most people shy away from initiating a legal process or taking action while being victims of misuse of fast-paced tech but the government has announced its big support to the victims and promised to stand by complaints against deepfake videos especially this includes helping individuals to report the incidents and any violations by platforms.

Social media platforms to realign their policies as per the Indian laws

The Ministry of Electronics and Information Technology (MeitY) announced on 24th November 2023 that it will be giving social media platforms seven days time period to align their terms of service and other policies with Indian laws and regulations in order to address the issue of hosting of deepfakes on these platforms. All platforms must align and transform their terms of use with their users to be consistent with the 12 areas that are prohibited under rule 3(1)(b) of the Information Technology (IT) Rules, 2021.

The platforms will ensure harmonization and alignment of their terms & policies so that every user on every platform is aware that when they use a platform the platform intends to be a safe and trusted platform and the platform will not tolerate these 12 types of content or information that have been prohibited under the IT Act and the IT rules. The government approach is to collectively advocate for responsible and safe use of the Internet. The government has taken a proactive step in partnership with these social media platforms to ensure an era where such platforms will be a lot more responsible and a lot more responsive to the expectations under the law and more compliant.

Officer to be appointed under rule 7 

As Deepfake Videos continue to surface on social media, the Government has geared up to curb such content online. Mr. Rajeev Chandrasekhar Minister of State, (Meity), stated that the government will soon appoint an officer to take appropriate action against deepfake videos. This statement came after the government meeting with industry stakeholders and important players held on 24 Nov 2023. He added that Meity and the government of India will nominate an officer under rule 7  (IT rules 2021) and will ensure full compliance expectations from all the platforms. An officer appointed under Rule 7,  will be entrusted with building a mechanism where users can put in their complaints regarding deepfakes and MeitY may also assist such aggrieved users with filing FIRs in such cases. Mr. Rajeev Chandrasekhar, Minister of State, (Meity) also added that we will also be creating a platform where it will be very easy for netizens to bring to the attention of the government of India and notices of allegations or reports of violation of law by the platforms and the rule 7 officer will take that digital platform information and respond accordingly. 

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (updated as on 6.4.2023)

Rule 3(1)(b) states that intermediaries shall inform its rules and regulations, privacy policy and user agreement to the user and shall make reasonable efforts to ‘restrict’ the users from hosting, displaying, uploading, modifying, publishing, transmitting, store, update or sharing any information that is prohibited under this rule which also includes deepfake, misinformation, CSAM(Child sexual abusive material) etc.  As per rule 3(2)(b) Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that expose the private areas of individuals, show such individuals in full or partial nudity or in a sexual act or is in the nature of impersonation including morphed images etc. 

Ongoing Efforts Ahead of Crucial Meeting with Tech Giants

Ahead of the government meeting with online platforms such as Google, Facebook, and YouTube on Friday, 24th November 2023, Mr. Rajeev Chandrasekhar Minister of State, (Meity) added that way back from October 2022 the government of India had been alerting them to the threat of misinformation and deepfakes which are part of misinformation. He further added that the current IT rules under the IT Act provide for adequate compliance requirements on their part to deal with deepfake.

Deepfake Misinformation

Misinformation powered by AI becoming an even more potent force to disrupt and to mislead and to create chaos and confusion at a scale and of a type that is deeply detrimental. Deepfakes in a very simple basic way is misinformation which is powered by or enhanced by AI. Video-based deepfake misinformation is more dangerous since it has a greater reach as video consumption today is the preferred choice by users on the internet.

Way forward

The Honorable Prime Minister has raised the issue that deep fakes are deeply disruptive they can create divisions and all kinds of disruptions in communities, in families and therefore misuse of deepfake technology is a very clear present danger to the safe and trusted internet.

The Government is on its way to draft a dedicated legislation dedicated to tackling deepfakes.

Even as we speak to a future regulation and a future law which is certainly required given that our IT Act is 23 years old. However current IT rules provide for compliance requirements by the platforms on misinformation patently false information and deepfakes. Followed by the recent government advisory on misinformation and deepfake.

Conclusion

Prime Minister alerting of the dangers of deepfakes online. The government is now in the process of starting to look very seriously into this issue and also issued guidelines for intermediaries and in a finite period of time it is hoped that the threat of deep fakes would actually no longer exist in in our system. The government made it clear that apart from people spreading deepfake videos, the platforms making them spread and not taking action will also be liable they are currently liable and will be even more so in future after new rules and regulations are brought in.

References:

• https://www.moneycontrol.com/news/technology/deepfakes-meity-gives-social-media-platforms-7-day-ultimatum-to-align-their-policies-to-indian-laws-and-regulations-11805521.html
• https://www.azbpartners.com/bank/amendments-to-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021/#:~:text=Prior%20to%20the%20amendment%2C%20under%20Rule%203(1)
• https://www.drishtiias.com/daily-updates/daily-news-analysis/amendments-to-the-it-rules-2021
• https://youtu.be/zmI2ml1d_Es?feature=shared
• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1975445

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Introduction

Privacy has become a concern for netizens and social media companies have access to a user’s data and the ability to use the said data as they see fit. Meta’s business model, where they rely heavily on collecting and processing user data to deliver targeted advertising, has been under scrutiny. The conflict between Meta and the EU traces back to the enactment of GDPR in 2018. Meta is facing numerous fines for not following through with the regulation and mainly failing to obtain explicit consent for data processing under Chapter 2, Article 7 of the GDPR. ePrivacy Regulation, which focuses on digital communication and digital data privacy, is the next step in the EU’s arsenal to protect user privacy and will target the cookie policies and tracking tech crucial to Meta's ad-targeting mechanism. Meta’s core revenue stream is sourced from targeted advertising which requires vast amounts of data for the creation of a personalised experience and is scrutinised by the EU. 

Pay for Privacy Model and its Implications with Critical Analysis

Meta came up with a solution to deal with the privacy issue - ‘Pay or Consent,’ a model that allows users to opt out of data-driven advertising by paying a subscription fee. The platform would offer users a choice between free, ad-supported services and a paid privacy-enhanced experience which aligns with the GDPR and potentially reduces regulatory pressure on Meta. 

Meta presently needs to assess the economic feasibility of this model and come up with answers for how much a user would be willing to pay for the privacy offered and shift Meta’s monetisation from ad-driven profits to subscription revenues. This would have a direct impact on Meta’s advertisers who use Meta as a platform for detailed user data for targeted advertising, and would potentially decrease ad revenue and innovate other monetisation strategies.

For the users, increased privacy and greater control of data aligning with global privacy concerns would be a potential outcome. While users will undoubtedly appreciate the option to avoid tracking, the suggestion does beg the question that the need to pay might become a barrier. This could possibly divide users between cost-conscious and privacy-conscious segments. Setting up a reasonable price point is necessary for widespread adoption of the model.

For the regulators and the industry, a new precedent would be set in the tech industry and could influence other companies’ approaches to data privacy. Regulators might welcome this move and encourage further innovation in privacy-respecting business models. 

The affordability and fairness of the ‘pay or consent’ model could create digital inequality if privacy comes at a digital cost or even more so as a luxury. The subscription model would also need clarifications as to what data would be collected and how it would be used for non-advertising purposes. In terms of market competition, competitors might use and capitalise on Meta’s subscription model by offering free services with privacy guarantees which could further pressure Meta to refine its offerings to stay competitive. According to the EU, the model needs to provide a third way for users who have ads but are a result of non-personalisation advertising.

Meta has further expressed a willingness to explore various models to address regulatory concerns and enhance user privacy. Their recent actions in the form of pilot programs for testing the pay-for-privacy model is one example. Meta is actively engaging with EU regulators to find mutually acceptable solutions and to demonstrate its commitment to compliance while advocating for business models that sustain innovation. Meta executives have emphasised the importance of user choice and transparency in their future business strategies.

Future Impact Outlook

• The Meta-EU tussle over privacy is a manifestation of broader debates about data protection and business models in the digital age. 
• The EU's stance on Meta’s ‘pay or consent’ model and any new regulatory measures will shape the future landscape of digital privacy, leading to other jurisdictions taking cues and potentially leading to global shifts in privacy regulations. 
• Meta may need to iterate on its approach based on consumer preferences and concerns. Competitors and tech giants will closely monitor Meta’s strategies, possibly adopting similar models or innovating new solutions. And the overall approach to privacy could evolve to prioritise user control and transparency.

Conclusion

Consent is the cornerstone in matters of privacy and sidestepping it violates the rights of users. The manner in which tech companies foster a culture of consent is of paramount importance in today's digital landscape. As the exploration by Meta in the ‘pay or consent’ model takes place, it faces both opportunities and challenges in balancing user privacy with business sustainability. This situation serves as a critical test case for the tech industry, highlighting the need for innovative solutions that respect privacy while fostering growth with the specificity of dealing with data protection laws worldwide, starting with India’s Digital Personal Data Protection Act, of 2023.

Reference:

• https://ciso.economictimes.indiatimes.com/news/grc/eu-tells-meta-to-address-consumer-fears-over-pay-for-privacy/111946106 
• https://www.wired.com/story/metas-pay-for-privacy-model-is-illegal-says-eu/ 
• https://edri.org/our-work/privacy-is-not-for-sale-meta-must-stop-charging-for-peoples-right-to-privacy/ 
• https://fortune.com/2024/04/17/meta-pay-for-privacy-rejected-edpb-eu-gdpr-schrems/ 

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