#FactCheck: Viral video of Unrest in Kenya is being falsely linked with J&K

Introduction

Misinformation is rampant all over the world and impacting people at large. In 2023, UNESCO commissioned a survey on the impact of Fake News which was conducted by IPSOS. This survey was conducted in 16 countries that are to hold national elections in 2024 with a total of 2.5 billion voters and showed how pressing the need for effective regulation had become and found that 85% of people are apprehensive about the repercussions of online disinformation or misinformation. UNESCO has introduced a plan to regulate social media platforms in light of these worries, as they have become major sources of misinformation and hate speech online. This action plan is supported by the worldwide opinion survey, highlighting the urgent need for strong actions. The action plan outlines the fundamental principles that must be respected and concrete measures to be implemented by all stakeholders associated, i.e., government, regulators, civil society and the platforms themselves. 

The Key Areas in Focus of the Action Plan

The focus area of the action plan is on the protection of the Freedom of Expression while also including access to information and other human rights in digital platform governance. The action plan works on the basic premise that the impact on human rights becomes the compass for all decision-making, at every stage and by every stakeholder. Groups of independent regulators work in close coordination as part of a wider network, to prevent digital companies from taking advantage of disparities between national regulations. Moderation of content as a feasible and effective option at the required scale, in all regions and all languages. 

The algorithms of these online platforms, particularly the social media platforms are established, but it is too often geared towards maximizing engagement rather than the reliability of information. Platforms are required to take on more initiative to educate and train users to be critical thinkers and not just hopers. Regulators and platforms are in a position to take strong measures during particularly sensitive conditions ranging from elections to crises, particularly the information overload that is taking place.

Key Principles of the Action Plan

1. Human Rights Due Diligence: Platforms are required to assess their impact on human rights, including gender and cultural dimensions, and to implement risk mitigation measures. This would ensure that the platforms are responsible for educating users about their rights.
2. Adherence to International Human Rights Standards: Platforms must align their design, content moderation, and curation with international human rights standards. This includes ensuring non-discrimination, supporting cultural diversity, and protecting human moderators.
3. Transparency and Openness: Platforms are expected to operate transparently, with clear, understandable, and auditable policies. This includes being open about the tools and algorithms used for content moderation and the results they produce.
4. User Access to Information: Platforms should provide accessible information that enables users to make informed decisions. 
5. Accountability: Platforms must be accountable to their stakeholders which would include the users and the public, which would ensure that redressal for content-related decisions is not compromised. This accountability extends to the implementation of their terms of service and content policies.

Enabling Environment for the application of the UNESCO Plan

The UNESCO Action Plan to counter misinformation has been created to create an environment where freedom of expression and access to information flourish, all while ensuring safety and security for digital platform users and non-users. This endeavour calls for collective action—societies as a whole must work together. Relevant stakeholders, from vulnerable groups to journalists and artists, enable the right to expression. 

Conclusion

The UNESCO Action Plan is a response to the dilemma that has been created due to the information overload, particularly, because the distinction between information and misinformation has been so clouded. The IPSOS survey has revealed the need for an urgency to address these challenges in the users who fear the repercussions of misinformation. 

The UNESCO action plan provides a comprehensive framework that emphasises the protection of human rights, particularly freedom of expression, while also emphasizing the importance of transparency, accountability, and education in the governance of digital platforms as a priority. By advocating for independent regulators and encouraging platforms to align with international human rights standards, UNESCO is setting the stage for a more responsible and ethical digital ecosystem. 

The recommendations include integrating regulators through collaborations and promoting global cooperation to harmonize regulations, expanding the Digital Literacy campaign to educate users about misinformation risks and online rights, ensuring inclusive access to diverse content in multiple languages and contexts, and monitoring and refining tech advancements and regulatory strategies as challenges evolve. To ultimately promote a true online information landscape.

Reference

• https://www.unesco.org/en/articles/online-disinformation-unesco-unveils-action-plan-regulate-social-media-platforms
• https://www.unesco.org/sites/default/files/medias/fichiers/2023/11/unesco_ipsos_survey.pdf ‍
• https://dig.watch/updates/unesco-sets-out-strategy-to-tackle-misinformation-after-ipsos-survey

Introduction

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The Digital Personal Data Protection (DPDP) Act 2023 of India is a significant transition for privacy legislation in this age of digital data. A key element of this new law is a requirement for organisations to have appropriate, user-friendly consent mechanisms in place for their customers so that collection, use or removal of an individual's personal data occurs in a clear and compliant manner. As a means of putting this requirement into practice, the Ministry of Electronics and Information Technology (MeitY) issued a comprehensive Business Requirements Document (BRD) in June 2025 to guide organizations, as well as Consent Managers, on how to create a Consent Management System (CMS). This document establishes the technical and functional framework by which organizations and individuals (Data Principals) will exercise control over the way their data is gathered, used and removed.

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Understanding the BRD and Its Purpose

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BRD represents an optional guide created as part of the "Code for Consent" programme run by MeitY in India. The purpose of the BRD is to provide guidance to startups, digital platforms and other enterprises on how to create a technology system that supports management of user consent per the requirements of the DPDP Act. Although the contents of the BRD do not carry any legal weight, it lays out a clear path for organisations to create their own consent mechanisms using best practices that align with the principles of transparency, accountability and purpose limitation in the DPDP Act.

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The goal is threefold:

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1. Enable complete consent lifecycle management from collection to withdrawal.
2. Empower individuals to manage their consents actively and transparently.
3. Support data fiduciaries and processors with an interoperable system that ensures compliance.

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Key Components of the Consent Management System

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The BRD proposes the development of a modular Consent Management System (CMS) that provides users with secure APIs and user-friendly interfaces. This system will allow for a variety of features and modules, including:

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1. Consent Lifecycle Management – consent should be specific, informed and tied to an explicit purpose. The CMS will manage the collection, validation, renewal, updates and withdrawal of consent. Each transaction of consent will create a tamper-proof “consent artifact,” which will include the timestamp of creation as well as an ID identifying the purpose for which it was given.
2. User Dashboard – A user will be able to view and modify the status of their active, expired or withdrawn consent and revoke access at any time via the multilingual user-friendly interface. This would make the system accessible to people from different regions and cultures.
3. Notification Engine – The CMS will automatically notify users, fiduciaries and processors of any action taken with respect to consent, in order to ensure real-time updates and accountability.
4. Grievance Redress Mechanism – The CMS will include a complaints mechanism that allows users to submit complaints related to the misuse of consent or the denial of their rights. This will enable tracking of the complaint resolution status, and will allow for escalation if necessary.
5. Audit and Logging – As part of the CMS's internal controls for compliance and regulatory purposes, the CMS must maintain an immutable record of every instance of consent for auditing and regulatory review. The records must be encrypted, time-stamped, and linked permanently to a user and purpose ID.
6. Cookie Consent Management – A separate module will enable users to manage cookie consent for websites separately from any other consents.

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Roles and Responsibilities

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The BRD identifies the various stakeholders involved and their associated responsibilities.

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1. Data Principals (Users): The user has full authority to give, withhold, amend, or revoke their consent for the use of their personal data, at any time.
2. Data Fiduciaries (Companies): Companies (the fiduciaries) must collect the data principals' consents for each particular reason and must only begin processing a data subject's personal data after validating that consent through the CMS. Companies must also provide the data principals with any information or notifications needed, as well as how to resolve their complaints.
3. Data Processors: Data Processors must strictly adhere to the consent stated in the CMS, and Data Processors may only process personal data on behalf of the Data Fiduciary.
4. Consent Managers: The Consent Managers are independent entities that are registered with the Data Protection Board. They are responsible for administering the CMS, allowing users to manage their consent across different platforms.

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This layered structure ensures transparency and shared responsibility for the consent ecosystem.

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Technical Specifications and Security

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The following principles of the DPDP Act must be followed to remain compliant with the DPDP Act.

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• End-to-End Encryption: All exchanges of data with users must be encrypted using a minimum of TSL 1.3 and also encrypting within that standard.
• API-First Approach: API’s will be utilized to validate, withdraw and update consent in a secured manner using external sources.
• Interoperability/Accessibility: The CMS needs to allow for users to utilize several different languages (e.g. Hindi, Tamil, etc.) and be appropriate for use with various types of mobile devices and different abilities.
• Data Retention Policy: The CMS should also include automatic deletion of consent data (when the consent has expired or has been withdrawn) in order to maintain compliance with data retention limits.

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Legal Relevance and Timelines

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While the BRD itself is not enforceable, it is directly aligned with the upcoming enforcement of the DPDP Act, 2023. The Act was passed in August 2023 but is expected to come into effect in stages, once officially notified by the central government. Draft implementation rules, including those defining the role of Consent Managers, were released for public consultation in early 2025.

For businesses, the BRD serves as an early compliance tool—offering both a conceptual roadmap and technical framework to prepare before the law is enforced. Legal experts have described it as a critical resource for aligning data governance systems with emerging regulatory expectations.

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Implications for Businesses

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Organizations that collect and process user data will be required to overhaul their consent workflows:

1. No blanket consents: Every data processing activity must have explicit, separate consent.
2. Granular audit logs: Companies must maintain tamper-proof logs for every consent action.
3. Integration readiness: Enterprises need to integrate their platforms with third-party or in-house CMS platforms via the specified APIs.
4. Grievance redress and user support: Systems must be in place to handle complaints and withdrawal requests in a timely, verifiable manner.

Failing to comply once the DPDP Act is in force may expose companies to penalties, reputational damage, and potential regulatory action.

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Conclusion

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The BRD on Consent Management of India is a forward-looking initiative laying a technological framework that is an essential component of the DPDP Act concerning user consent; Although not yet a legal document, it provides an extent of going into all the necessary discipline for companies to prepare. As data protection grows in importance, developing consent mechanisms based on security, transparency, and the needs of the user is no longer just a regulatory requirement, but rather a requirement for the development of trust. This is the time for businesses to establish or implement CMS solutions that support this objective to be better equipped for the future of data governance in India.

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References

1. https://d38ibwa0xdgwxx.cloudfront.net/whatsnew-docs/8d5409f5-d26c-4697-b10e-5f6fb2d583ef.pdf
2. https://ssrana.in/articles/ministry-releases-business-requirement-document-for-consent-management-under-the-dpdp-act-2023/ 
3. https://dpo-india.com/Blogs/consent-dpdpa/ 
4. https://corporate.cyrilamarchandblogs.com/2025/06/the-ghost-in-the-machine-the-recent-business-requirement-document-on-consent/ 
5. https://www.mondaq.com/india/privacy-protection/1660964/analysis-of-the-business-requirement-document-for-consent-management-system 

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Introduction

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In the fast-paced digital age, misinformation spreads faster than actual news. This was seen recently when inaccurate information on social media was spread, stating that the Election Commission of India (ECI) had taken down e-voter rolls for some states from its website overnight. The rumour confused the public and caused political debate in states like Maharashtra, MP, Bihar, UP and Haryana, resulting in public confusion. But the ECI quickly called the viral information "fake news" and made sure that voters could still get access to the electoral rolls of all States and Union Territories, available at voters.eci.gov.in. The incident shows how electoral information could be harmed by the impact of misinformation and how important it is to verify the authenticity. 

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The Incident and Allegations

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On August 7, 2025, social media posts on platforms like X and WhatsApp claimed that the Election Commission of India had removed e-voter lists from its website. The posts appeared after public allegations about irregularities in certain constituencies. However, the claims about the removal of voter lists were unverified.

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The Election Commission’s Response

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In a formal tweet posted on X, it stated categorically:

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“This is a fake news. Anyone can download the Electoral Roll for any of 36 States/UTs through this link: https://voters.eci.gov.in/download-eroll.”

The Commission clarified that no deletion has been done at all and that all the voters' rolls are intact and accessible to the public. Keeping with the spirit of transparency, the ECI reaffirmed its overall practice of public access to electoral information by clarifying that the system is intact and accessible for inspection.

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Importance of Timely Clarifications

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By countering factually incorrect information the moment it was spread on a large scale, the ECI stopped possible harm to public trust. Election officials rely upon being trusted, and any speculation concerning their honesty can prove harmful to democracy. Such prompt action stops false information from becoming a standard in public discourse.

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Misinformation in the Electoral Space

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• How False Narratives Gain Traction
  Election misinformation increases in significant political environments. Social media, confirmation bias, and increased emotional states during elections enable rumour spread. On this occasion, the unfounded report struck a chord with widespread political distrust, and hence, people easily believed and shared it without checking if it was true or not.

• Risks to Democratic Integrity
  When misinformation impacts election procedures, the consequences can be profound:

1. Erosion of Trust: People can lose faith in the neutrality of election administrators quite easily.
2. Polarization: Untrue assertions tend to reinforce political divides, rendering constructive communication more difficult.

• The Role of Media Literacy
  Combating such mis-disinformation requires more than official statements. Media skills training courses can equip individuals with the ability to recognise warning signs in suspect messages. Even basic actions like checking official sources prior to sharing can move far in keeping untruths from being spread.

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Strategies to Counter Electoral Misinformation

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Multi-Stakeholder Action

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Effective counteracting of electoral disinformation requires coordination among election officials, fact-checkers, media, and platforms.  Actions that are suggested include:

1. Rapid Response Protocols: Institutions should maintain dedicated monitoring teams for quick rebuttals.
2. Confirmed Channels of Communication: Providing official sites and pages for actual electoral news.
3. Proactive Transparency: Regular publication of electoral process updates can anticipate rumours.
4. Platform Accountability: Social media sites must label or limit the visibility of information found to be false by credentialed fact-checkers.

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Conclusion

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The recent allegations of e-voter rolls deletion underscore the susceptibility of contemporary democracies to mis-disinformation. Even though the circumstances were brought back into order by the ECI's swift and unambiguous denunciation, the incident itself serves to emphasise the necessity of preventive steps to maintain election faith. Even though fact-checking alone might not work in an environment where the information space is growing more polarised and algorithmic, the long-term solution to such complications is to grow an ironclad democratic culture where everyone, every organisation, and platforms value the truth over clickbait. The lesson is clear: in the age of instant news, accurate communication is vital for maintaining democratic integrity, not extravagances.

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References

• https://www.newsonair.gov.in/election-commission-dismisses-fake-news-on-removal-of-e-voter-rolls/
• https://economictimes.indiatimes.com/news/india/eci-dismisses-claims-of-removing-e-voter-rolls-from-its-website-calls-it-fake-news/articleshow/123190662.cms
• https://www.thehindu.com/news/national/vote-theft-claim-of-congress-factually-incorrect-election-commission/article69921742.ece
• https://www.thehindu.com/opinion/editorial/a-crisis-of-trust-on-the-election-commission-of-india/article69893682.ece

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