#FactCheck-Unveiling the 'BJP Election Bonus' Scam: Safeguarding Against Online Deception

Introduction

On March 12, the Ministry of Corporate Affairs (MCA) proposed the Bill to curb anti-competitive practices of tech giants through ex-ante regulation. The Draft Digital Competition Bill is to apply to ‘Core Digital Services,’ with the Central Government having the authority to update the list periodically. The proposed list in the Bill encompasses online search engines, online social networking services, video-sharing platforms, interpersonal communications services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. 

The primary highlight of the Digital Competition Law Report created by the Committee on Digital Competition Law presented to the Parliament in the 2nd week of March 2024 involves a recommendation to introduce new legislation called the ‘Digital Competition Act,’ intended to strike a balance between certainty and flexibility. The report identified ten anti-competitive practices relevant to digital enterprises in India. These are anti-steering, platform neutrality/self-preferencing, bundling and tying, data usage (use of non-public data), pricing/ deep discounting, exclusive tie-ups, search and ranking preferencing, restricting third-party applications and finally advertising Policies.

Key Take-Aways: Digital Competition Bill, 2024

1. Qualitative and quantitative criteria for identifying Systematically Significant Digital Enterprises, if it meets any of the specified thresholds. 

• Financial thresholds in each of the immediately preceding three financial years like turnover in India, global turnover, gross merchandise value in India, or global market capitalization.
• User thresholds in each of the immediately preceding 3 financial years in India like the core digital service provided by the enterprise has at least 1 crore end users, or it has at least 10,000 business users.
• The Commission may make the designation based on other factors such as the size and resources of an enterprise, number of business or end users, market structure and size, scale and scope of activities of an enterprise and any other relevant factor.

2. A period of 90 days is provided to notify the CCI of qualification as an SSDE. Additionally, the enterprise must also notify the Commission of other enterprises within the group that are directly or indirectly involved in the provision of Core Digital Services, as Associate Digital Enterprises (ADE) and the qualification shall be for 3 years.
3. It prescribes obligations for SSDEs and their ADEs upon designation. The enterprise must comply with certain obligations regarding Core Digital Services, and non-compliance with the same shall result in penalties. Enterprises must not directly or indirectly prevent or restrict business users or end users from raising any issue of non-compliance with the enterprise’s obligations under the Act. 
4. Avoidance of favouritism in product offerings by SSDE,  its related parties, or third parties for the manufacture and sale of products or provision of services over those offered by third-party business users on the Core Digital Service in any manner.
5. The Commission will be having the same powers as vested to a civil court under the Code of Civil Procedure, 1908 when trying a suit.
6. Penalty for non-compliance without reasonable cause may extend to Rs 1 lakh for each day during which such non-compliance occurs (max. of Rs 10 crore). It may extend to 3 years or with a fine, which may extend to Rs 25 crore or with both. The Commission may also pass an order imposing a penalty on an enterprise (not exceeding 1% of the global turnover) in case it provides incorrect, incomplete, misleading information or fails to provide information. 

Suggestions and Recommendations

• The ex-ante model of regulation needs to be examined for the Indian scenario and studies need to be conducted on it has worked previously in different jurisdictions like the EU. 
• The Bill should be aimed at prioritising the fostering of fair competition by preventing monopolistic practices in digital markets exclusively. A clear distinction from the already existing Competition Act, 2002 in its functioning needs to be created so that there is no overlap in the regulations and double jeopardy is not created for enterprises.
• Restrictions on tying and bundling and data usage have been shown to negatively impact MSMEs that rely significantly on big tech to reduce operational costs and enhance customer outreach.
• Clear definitions of "dominant position" and "anti-competitive behaviour" are essential for effective enforcement in terms of digital competition need to be defined. 
• Encouraging innovation while safeguarding consumer data privacy in consonance with the DPDP Act should be the aim. Promoting interoperability and transparency in algorithms can prevent discriminatory practices. 
• Regular reviews and stakeholder consultations will ensure the law adapts to rapidly evolving technologies. 
• Collaboration with global antitrust bodies which is aimed at enhancing cross-border regulatory coherence and effectiveness.

Conclusion

The need for a competition law that is focused exclusively on Digital Enterprises is the need of the hour and hence the Committee recommended enacting the Digital Competition Act to enable CCI to selectively regulate large digital enterprises. The proposed legislation should be restricted to regulate only those enterprises that have a significant presence and ability to influence the Indian digital market. The impact of the law needs to be restrictive to digital enterprises and it should not encroach upon matters not influenced by the digital arena. India's proposed Digital Competition Bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses prevalent in the digital business space. The Ministry of Corporate Affairs has received 41-page public feedback on the draft which is expected to be tabled next year in front of the Parliament. 

References

1. https://www.medianama.com/wp-content/uploads/2024/03/DRAFT-DIGITAL-COMPETITION-BILL-2024.pdf
2. https://prsindia.org/files/policy/policy_committee_reports/Report_Summary-Digital_Competition_Law.pdf
3. https://economictimes.indiatimes.com/tech/startups/meity-meets-india-inc-to-hear-out-digital-competition-law-concerns/articleshow/111091837.cms?from=mdr
4. https://www.mca.gov.in/bin/dms/getdocument?mds=gzGtvSkE3zIVhAuBe2pbow%253D%253D&type=open
5. https://www.barandbench.com/law-firms/view-point/digital-competition-laws-beginning-of-a-new-era
6. https://www.linkedin.com/pulse/policy-explainer-digital-competition-bill-nimisha-srivastava-lhltc/
7. https://www.lexology.com/library/detail.aspx?g=5722a078-1839-4ece-aec9-49336ff53b6c

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Executive Summary:

A viral picture on social media showing UK police officers bowing to a group of social media leads to debates and discussions. The investigation by CyberPeace Research team found that the image is AI generated. The viral claim is false and misleading.

Claims:

A viral image on social media depicting that UK police officers bowing to a group of Muslim people on the street.

Fact Check:

The reverse image search was conducted on the viral image. It did not lead to any credible news resource or original posts that acknowledged the authenticity of the image. In the image analysis, we have found the number of anomalies that are usually found in AI generated images such as the uniform and facial expressions of the police officers image. The other anomalies such as the shadows and reflections on the officers' uniforms did not match the lighting of the scene and the facial features of the individuals in the image appeared unnaturally smooth and lacked the detail expected in real photographs.

We then analysed the image using an AI detection tool named True Media. The tools indicated that the image was highly likely to have been generated by AI.

We also checked official UK police channels and news outlets for any records or reports of such an event. No credible sources reported or documented any instance of UK police officers bowing to a group of Muslims, further confirming that the image is not based on a real event.

Conclusion:

The viral image of UK police officers bowing to a group of Muslims is AI-generated. CyberPeace Research Team confirms that the picture was artificially created, and the viral claim is misleading and false.

• Claim: UK police officers were photographed bowing to a group of Muslims.
• Claimed on: X, Website
• Fact Check: Fake & Misleading

Introduction

Whatsapp is one of the leading OTT messaging platforms, which has been owned by the tech giant Meta since 2013. WhatsApp enjoys a user base of nearly 2.24 billion people globally, with almost 487 million users in India. Since the advent of Whatsapp, it has been the most commonly used messaging app, and it has made an impact to such an extent that it is used for professional as well as personal purposes. Meta powers the platform and follows similar guidelines and policies as its parent company.

The New Feature

Users of WhatsApp on the web and desktop can now access one account from various devices. One WhatsApp account may now be used on up to four handsets thanks to a new update from Meta. Be aware that the multi-device capability has been planned for some time and is finally being made available to stable WhatsApp users. Each linked device (up to four devices can be linked) will function independently, and the independent devices will continue to receive messages even if the central device’s network connection is lost. Remember that WhatsApp will automatically log out of all the companion devices if the primary smartphone is dormant for an extended period. Four more gadgets may be a mix of four PCs and smartphones or four smartphones. This feature is now available for updates and downloads on Android as well as iOS platforms.

Potential issues

As we go deeper into the digital age, it is the responsibility of the tech giants to pilot innovation with features of security by design. Thus such new features should be accompanied by coherent safety and security policies or advisories to ensure the users understand the implications of the new features. Convenience over conditions is an essential part of cyberspace. It points to the civic duty of netizens to go through the conditions of any app rather than only focus on the convenience it creates. The following potential issues may arise from the new features on Whatsapp –

• Increased cybercrime- The bad actors now do not need to access SIM cards to commit frauds over the platforms as now on a single number 4 devices can be used hence the cybercriminal activity can increase over the platform. It is also pertinent for the platform to create SoPs for fake accounts which use multiple devices, as they pose a direct threat to the users and their interests.
• Difficulty in identifying and tracing- The LEAs will face a significant issue in identifying the bad actors and tracing them as the individual’s involvement through a linked device needs to be given legal validity and scope for investigation. This may also cause issues in evidence handling and analysis.
• Surge in Misinformation and Disinformation- With access to multiple devices, the screen time of an individual is also bound to increase. This leads to more time spent online, thus causing a rise in instances of misinformation and disinformation by bad actors. Thus the aspect of fack checking is of prime importance.
• Potential Oversharing of Personal Data- With the increased accessibility on different devices, it is very easy for the app to seek data from all devices on which the app is running, thus leading to a bigger reservoir of personal data for the platforms and data fiduciaries.
• Higher risk of Phishing, Ransomware and Malware Attacks- As the devices under the same login credentials and mobile number will increase, the message can be viewed on all the devices, thus increasing the risk of widespread embedded ransomware and malware in multiple devices is and ever-present threat.
• One number, more criminals- This feature will allow cybercriminals to operate using one device only, earlier they used to forge Adhaar cards to get new sims, but this feature will enable the bad actors to commit crimes and attacks from one single SIM using 4 different devices.
• Rise in Digital Footprint- As the number of devices increases, the users will generate more digital footprints. As a tech giant, Meta will have access to a bigger database, which increases the risk of data breaches by third-party actors.

Conclusion

In the fast-paced digital world, it is important to remain updated about new software, technologies and policies for our applications or forms of tech. This was a long-awaited feature from WhatsApp, and its value of it doesn’t lie in technological advancement only but also in the formulation of policies to govern this technology towards the trust and safety aspect of users. The platforms, in synergy with the policy makers, need to create a robust framework to accommodate the new features and add-ons on apps vehicle, staying in compliance with the laws of the land. Awareness about new features and vulnerabilities is a must for all netizens, and it is a shared responsibility for all netizens to spread the word about safety and security mechanisms.