#FactCheck: India-Bangladesh Border Video Falsely Shared as Chinese Army Occupying Arunachal Pradesh

In the vast, interconnected cosmos of the internet, where knowledge and connectivity are celebrated as the twin suns of enlightenment, there lurk shadows of a more sinister nature. Here, in these darker corners, the innocence of childhood is not only exploited but also scarred, indelibly and forever. The production, distribution, and consumption of Child Sexual Abuse Material (CSAM) have surged to alarming levels globally, casting a long, ominous shadow over the digital landscape. 

In response to this pressing issue, the National Human Rights Commission (NHRC) has unfurled a comprehensive four-part advisory, a beacon of hope aimed at combating CSAM and safeguarding the rights of children in this digital age. This advisory dated 27/10/23 is not merely a reaction to the rising tide of CSAM, but a testament to the imperative need for constant vigilance in the realm of cyber peace.

The statistics paint a sobering picture. In 2021, more than 1,500 instances of publishing, storing, and transmitting CSAM were reported, shedding a harsh light on the scale of the problem. Even more alarming is the upward trend in cases reported in subsequent years. By 2023, a staggering 450,207 cases of CSAM had already been reported, marking a significant increase from the 204,056 and 163,633 cases reported in 2022 and 2021, respectively.

The Key Aspects of Advisory

The NHRC's advisory commences with a fundamental recommendation - a redefinition of terminology. It suggests replacing the term 'Child Pornography' with 'Child Sexual Abuse Material' (CSAM). This shift in language is not merely semantic; it underscores the gravity of the issue, emphasizing that this is not about pornography but child abuse. 

Moreover, the advisory calls for the definition of 'sexually explicit' under Section 67B of the IT Act, 2000. This step is crucial for ensuring the prompt identification and removal of online CSAM. By giving a clear definition, law enforcement can act swiftly in removing such content from the internet.

The digital world knows no borders, and CSAM can easily cross jurisdictional lines. NHRC recognizes this challenge and proposes that laws be harmonized across jurisdictions through bilateral agreements. Moreover, it recommends pushing for the adoption of a UN draft Convention on 'Countering the Use of Information and Communications Technologies for Criminal Purposes' at the General Assembly.

One of the critical aspects of the advisory is the strengthening of law enforcement. NHRC advocates for the creation of Specialized State Police Units in every state and union territory to handle CSAM-related cases. The central government is expected to provide support, including grants, to set up and equip these units. 

The NHRC further recommends establishing a Specialized Central Police Unit under the government of India's jurisdiction. This unit will focus on identifying and apprehending CSAM offenders and maintaining a repository of such content. Its role is not limited to law enforcement; it is expected to cooperate with investigative agencies, analyze patterns, and initiate the process for content takedown. This coordinated approach is designed to combat the problem effectively, both on the dark web and open web.

The role of internet intermediaries and social media platforms in controlling CSAM is undeniable. The NHRC advisory emphasizes that intermediaries must deploy technology, such as content moderation algorithms, to proactively detect and remove CSAM from their platforms. This places the onus on the platforms to be proactive in policing their content and ensuring the safety of their users. 

New Developments 

Platforms using end-to-end encryption services may be required to create additional protocols for monitoring the circulation of CSAM. Failure to do so may invite the withdrawal of the 'safe harbor' clause under Section 79 of the IT Act, 2000. This measure ensures that platforms using encryption technology are not inadvertently providing safe havens for those engaged in illegal activities. 

NHRC's advisory extends beyond legal and law enforcement measures; it emphasizes the importance of awareness and sensitization at various levels. Schools, colleges, and institutions are called upon to educate students, parents, and teachers about the modus operandi of online child sexual abusers, the vulnerabilities of children on the internet, and the early signs of online child abuse. 

To further enhance awareness, a cyber curriculum is proposed to be integrated into the education system. This curriculum will not only boost digital literacy but also educate students about relevant child care legislation, policies, and the legal consequences of violating them. 

NHRC recognizes that survivors of CSAM need more than legal measures and prevention strategies. Survivors are recommended to receive support services and opportunities for rehabilitation through various means. Partnerships with civil society and other stakeholders play a vital role in this aspect. Moreover, psycho-social care centers are proposed to be established in every district to facilitate need-based support services and organization of stigma eradication programs. 

NHRC's advisory is a resounding call to action, acknowledging the critical importance of protecting children from the perils of CSAM. By addressing legal gaps, strengthening law enforcement, regulating online platforms, and promoting awareness and support, the NHRC aims to create a safer digital environment for children. 

Conclusion 

In a world where the internet plays an increasingly central role in our lives, these recommendations are not just proactive but imperative. They underscore the collective responsibility of governments, law enforcement agencies, intermediaries, and society as a whole in safeguarding the rights and well-being of children in the digital age. 

NHRC's advisory is a pivotal guide to a more secure and child-friendly digital world. By addressing the rising tide of CSAM and emphasizing the need for constant vigilance, NHRC reaffirms the critical role of organizations, governments, and individuals in ensuring cyber peace and child protection in the digital age. The active contribution from premier cyber resilience firms like Cyber Peace Foundation, amplifies the collective action forging a secure digital space, highlighting the pivotal role played by think tanks in ensuring cyber peace and resilience. 

References:

• https://www.hindustantimes.com/india-news/nhrc-issues-advisory-regarding-child-sexual-abuse-material-on-internet-101698473197792.html
• https://ssrana.in/articles/nhrcs-advisory-proliferation-of-child-sexual-abuse-material-csam/
• https://theprint.in/india/specialised-central-police-unit-use-of-technology-to-proactively-detect-csam-nhrc-advisory/1822223/

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Executive Summary:

Old footage of Indian Cricketer Virat Kohli celebrating Ganesh Chaturthi in September 2023 was being promoted as footage of Virat Kohli at the Ram Mandir Inauguration. A video of cricketer Virat Kohli attending a Ganesh Chaturthi celebration last year has surfaced, with the false claim that it shows him at the Ram Mandir consecration ceremony in Ayodhya on January 22. The Hindi newspaper Dainik Bhaskar and Gujarati newspaper Divya Bhaskar also displayed the now-viral video in their respective editions on January 23, 2024, escalating the false claim. After thorough Investigation, it was found that the Video was old and it was Ganesh Chaturthi Festival where the cricketer attended.

Claims:

Many social media posts, including those from news outlets such as Dainik Bhaskar and Gujarati News Paper Divya Bhaskar, show him attending the Ram Mandir consecration ceremony in Ayodhya on January 22, where after investigation it was found that the Video was of Virat Kohli attending Ganesh Chaturthi in September, 2023.

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The caption of Dainik Bhaskar E-Paper reads, “ क्रिकेटर विराट कोहली भी नजर आए ”

Fact Check:

CyberPeace Research Team did a reverse Image Search of the Video where several results with the Same Black outfit was shared earlier, from where a Bollywood Entertainment Instagram Profile named Bollywood Society shared the same Video in its Page, the caption reads, “Virat Kohli snapped for Ganapaati Darshan” the post was made on 20 September, 2023.

Taking an indication from this we did some keyword search with the Information we have, and it was found in an article by Free Press Journal, Summarizing the article we got to know that Virat Kohli paid a visit to the residence of Shiv Sena leader Rahul Kanal to seek the blessings of Lord Ganpati. The Viral Video and the claim made by the news outlet is false and Misleading.

Conclusion:

The recent Claim made by the Viral Videos and News Outlet is an Old Footage of Virat Kohli attending Ganesh Chaturthi the Video back to the year 2023 but not of the recent auspicious day of Ram Mandir Pran Pratishtha. To be noted that, we also confirmed that Virat Kohli hadn’t attended the Program; there was no confirmation that Virat Kohli attended on 22 January at Ayodhya. Hence, we found this claim to be fake.

• Claim:  Virat Kohli attending the Ram Mandir consecration ceremony in Ayodhya on January 22
• Claimed on: Youtube, X
• Fact Check: Fake

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Introduction

The most significant change seen in the Indian cyber laws this year was the passing of the Digital Personal Data Protection Act, 2023, in the parliament. DPDP Act is the first concrete form of legislation focusing on the protection of Digital Personal Data of Indian netizens in all aspects; the act is analogous to what GDPR is for Europe. The act lays down heavy compliance mandates for the intermediaries and data fiduciaries, this has made it difficult for the tech companies a lot of policy, legal and technical changes have to be made in order to implement the act to its complete efficiency. Recently, the big techs have addressed a letter to the Minister and Minister of State of Meity to extend the implementation timeline of the act. In other news, the union cabinet has given the green light for the much-awaited MoC with Japan focused on establishing a long-term Semiconductor Supply Chain Partnership. 

Letter to Meity

The lobby of the big techs represented by a Trade Body named the Big Tech Asia Internet Coalition (AIC) this week wrote to the Ministry of Electronics and Information Technology (Meity), addressing it to the Minister Ashwini Vaishnav and Minister of State (MoS) Rajeev Chandershekhra recommending a 12-18 month extension on the implementation of the Digital Personal Data Protection Act. This request comes at a time when the government has been voicing its urgency to implement the act in order to safeguard Indian data at the earliest. The trade body represented big names, including Meta, Google, Microsoft, Apple and many more. These big techs essentially comprise the segment recognised under the DPDP as the Significant Data Fiduciaries due to the sheer volume of data processed, hosted, stored, etc. In the protective sense, the act has been designed to focus on preventing the exploitation of personal data of Indian netizens by the big techs, hence, they form an integral part of the Indian Data Ecosystem.  The following reasons/complications concerning the implementation of the act were highlighted in the letter:

• Unrealistic Timelines: The AIC expressed that the current timeline for the implementation of the act seems unrealistic for the big techs to establish technological, policy and legal mechanisms to be in compliance with section 5 of the act, which talks about the Obligations of a Data Fiduciary and the particular notice to be shared with the data principles in accordance with the act. 
• Technical Requirements: Members of AIC expressed that the duration for the implementation of the act is much less in comparison to the time required by the tech companies to set up/deploy relevant technical critical infrastructure, SoPs and capacity building for the same. This will cause a major hindrance in establishing the efficiency of the act.
• Data Rights:  Right to Erasure, Correction, Deletion, Nominate, etc., are guaranteed under the DPDP, but the big techs are not sure about the efficient implementation of these rights and hence will need fundamental changes in the technology architecture of their platform, thus expressing concern of the early implementation of the act. 
• Equivalency to GDPR: The DPDP is taken to be congruent to the European GDPR, but the DPDP focuses on a few more aspects, such as cross-border data flow and compliance mandates for the right to erasure, hence a lot of GDPR-compliant big techs also need to establish more robust mechanisms to maintain compliance to Indian DPDP.     

Indo-Japan MoC

A Memorandum of Cooperation (MoC) on the Japan-India Semiconductor Supply Chain Partnership was signed in July 2023 between the Ministry of Electronics and Information Technology (MeitY) of India and the Ministry of Economy, Trade and Industry (METI) of Japan. This information was shared with the Union Cabinet, which is led by Prime Minister Narendra Modi. The Ministry of Commerce (MoC) aims to expand collaboration between Japan and India in order to improve the semiconductor supply chain. This is because semiconductors are critical to the development of industries and digital technologies. The Parties agree that the MoC will take effect on the date of signature and be in effect for five years. Bilateral cooperation on business-to-business and G2G levels on ways to develop a robust semiconductor supply chain and make use of complementary skills. The cooperation is aimed at harnessing indigenous talent and creating opportunities for higher employment avenues. 

MeitY's purpose also includes promoting international cooperation within bilateral and regional frameworks in the frontier and emerging fields of information technology. MeitY has engaged in Memorandums of Understanding (MoUs), Memorandums of Covenants (MoCs), and Agreements with counterpart organisations/agencies of other nations with the aim of fostering bilateral collaboration and information sharing. Additionally, MeitY aims to establish supply chain resilience, which would enable India to become a reliable partner. An additional step towards mutually advantageous semiconductor-related commercial prospects and collaborations between India & Japan is the strengthening of mutual collaboration between Japanese and Indian enterprises through this Memorandum of Understanding. The “India-Japan Digital Partnership” (IJDP), which was introduced during PM Modi's October 2018 visit to Japan, was created in light of the two countries' complementary and synergistic efforts. Its goal is to advance both current areas of cooperation and new initiatives within the scope of S&T/ICT cooperation, with a particular emphasis on “Digital ICT Technologies."

Conclusion 

As we move ahead into the digital age, it is pertinent to be aware and educated about the latest technological advancements, new forms of cybercrimes and threats and legal aspects of digital rights and responsibilities, whether it is the recommendation to extend the implementation of DPDP or the Indo-Japan MoC, both of these instances impact the Indian netizen and his/her interests. Hence, the indigenous netizen needs to develop a keen interest in the protection of the Indian cyber-ecosystem to create a safer future. In our war against technology, our best weapon is technology and awareness, thus implementing the same in our daily digital lifestyles and routines is a must.  

References

• https://www.eetindia.co.in/cabinet-approves-moc-on-japan-india-semiconductor-supply-chain-partnership/
• https://www.moneycontrol.com/news/business/startup/trade-body-representing-big-tech-urges-govt-to-extend-dpdp-act-implementation-by-1-5-years-11605431.html
• https://www.google.com/url?rct=j&sa=t&url=https://www.eetindia.co.in/cabinet-approves-moc-on-japan-india-semiconductor-supply-chain-partnership/&ct=ga&cd=CAEYACoTOTI3Mzg4NzEyODgwMjI2ODk0MDIaOTBiYzUxNmI5YTRjYTE1NTpjb206ZW46VVM&usg=AOvVaw2lEO7-cIBZ_ox1xV39LGLs

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