India’s New Broadcasting Bill 2023 and the Future of Media Freedom
Introduction
The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.
The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.
Defining the certain Clauses of the bill
Clause 1 (dd) - The Programme
In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.
Clause 2(v) - The news and current affairs
Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.
Clause 2(y) Over the Top Broadcasting Services
Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.
Clause 4(4) - Requirements for Broadcasters and Network Operators
The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.
Clause 27 - Advisory Council
The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.
A Way Forward
It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.
The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.
References
- https://scroll.in/article/1059881/why-indias-new-draft-broadcast-bill-has-raised-fears-of-censorship-and-press-suppression#:~:text=The%20bill%20extends%20the%20regulatory,regulation%20through%20content%20evaluation%20committees.
- https://pib.gov.in/PressReleasePage.aspx?PRID=1976200
- https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html
Related Blogs
Introduction
Ministry of Electronics and Information Technology (MeitY) Announces to Centre Government to Plan to Certify Permissible Online Games.
In a recent update to the notification released by the Ministry of Electronics and Information Technology (MeitY) on April 6, MeitY has requested gaming entities to establish self-regulatory organisations (SROs) within a timeframe of 30 days or a maximum of 90 days from the date of the notification, which is April 6, 2023. The Ministry of Electronics and Information Technology (MeitY) has further announced that the central government will certify which online games are permissible until the SROs are officially established. The intention behind establishing SROs is to assist intermediaries, such as Apple or Google, in determining what constitutes a permitted online game, but the SRO will take 2-3 months to complete. In the meanwhile, the Central government will step in and determine what is a permissible online game.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 & Intermediary Guidelines and Digital Media Ethics Code Amendment Rules, 2023
By enacting these rules, the Indian government has taken decisive action to protect Indian gamers and their financial resources against scams and fraud. The rules also serve to promote responsible gaming while preventing young and vulnerable users from being exposed to indecent or abusive content.
Amendment Rules developed the concept of a “Permissible online real money game.” This designation is reserved for games that have passed a review process conducted by a self-regulatory body (SRB). Amendment rules indicate that Online Gaming Intermediaries must ensure that they do not permit any third party to host non-permissible online real money games on their platforms. This development is important because it empowers us to distinguish between legitimate and illicit real money games.
The Amendment Rules define an online gaming provider as an “intermediary” under the Information Technology Act of 2000, creating a separate classification called ‘Online Gaming Intermediary’.
Central government to certify what is an ‘Online Permissible Game’
The industry has been wondering what games come under wagering and will be banned. So, until the SROs are officially established, the government, in the interim, will certify what is a permissible game, what is wagering, and what is not wagering. Games that involve elements of wagering are going to be barred. The new regulations prohibit wagering on any outcome, whether in skill-based or chance-based games. Hence gaming applications involving wagering and betting apps will be barred.
Self-Regulatory Organizations (SROs)
According to the new regulations by the Ministry of Electronics and Information Technology (MeitY), online gaming intermediaries must establish a Self-Regulatory Body (SRO) to approve games offered to users over the Internet. The SRO must be registered with the Ministry and develop a framework to ensure compliance with the IT Rules 2021 objectives. An ‘online game’ can be registered by the SRO if it meets specific criteria, which include that the game is offered by an online gaming intermediary that is a member of the self-regulatory body, the game is not containing any content harmful to India’s interests, and complying with all relevant Indian regulations. If these requirements are met, the intermediary can display a visible registration mark indicating its registration with the self-regulatory authority.
Conclusion
MeitY found that with the rapid growth of the gaming industry, the real money gaming (RMG) sector had to be regulated properly. Rules framed must be properly implemented to stop gambling, betting, and wagering apps.
The IT Rules 2021, along with the Amendment Rules 2023, are created to take concrete action to curb the proliferation of gambling, betting, and wagering apps in India. These rules empower to issue of directives to ban specific apps that facilitate or promote such activities. The app ban directive allows the government to take decisive action by blocking access to these apps, making them unavailable for download or use within the country. This measure is aimed at curbing the negative impact of gambling, betting, and wagering on individuals and society, including issues related to addiction, financial loss, and illegal activities. Rules aim to actively combat the spread and influence of such apps and provide a safer online environment for gaming users.
The self-regulatory body in the context of online gaming will have the authority to grant membership to gaming intermediaries, register online games, develop a framework for regulation, interact with the Central Government, address user complaints, report instances of non-compliance, and take necessary actions to safeguard online gaming users.
Introduction
In this ever-evolving world of technology, cybercrimes and criminals continue to explore new and innovative methods to exploit and intimidate their victims. One of the recent shocking incidents has been reported from the city of Bharatpur, Rajasthan, where the cyber crooks organised a mock court session This complex operation, meant to induce fear and force obedience, exemplifies the daring and intelligence of modern hackers. In this blog article, we’ll go deeper into this concerning occurrence, delving into it to offer light on the strategies used and the ramifications for cybersecurity.to frighten their targets.
The Setup
The case was reported from Gopalgarh village in Bharatpur, Rajasthan, and has unfolded with a shocking twist -the father-son duo, Tahir Khan and his son Talim Khano — from Gopalgarh village in Bharatpur, Rajasthan, has been fooling people to gain their monetary gain by staging a mock court setting and recorded the proceedings to intimidate their victims into paying hefty sums. In the recent case, they have gained 2.69 crores through sextortion. the duo uses to trace their targets on social media platforms, blackmail them, and earn a hefty amount.
An official complaint was filed by a 69-year-old victim who was singled out through his social media accounts, his friends, and his posts Initially, they contacted the victim with a pre-recorded video featuring a nude woman, coaxing him into a compromising situation. As officials from the Delhi Crime Branch and the CBI, they threatened the victim, claiming that a girl had approached them intending to file a complaint against him. Later, masquerading as YouTubers, they threatened to release the incriminating video online. Adding to the charade, they impersonated a local MLA and presented the victim with a forged stamp paper alleging molestation charges. Eventually, posing as Delhi Crime Branch officials again, they demanded money to settle the case after falsely stating that they had apprehended the girl. To further manipulate the victim, the accused staged a court proceeding, recording it and subsequently sending it to him, creating the illusion that everything was concluded. This unique case of sextortion stands out as the only instance where the culprits went to such lengths, staging and recording a mock court to extort money. Furthermore, it was discovered that the accused had fabricated a letter from the Delhi High Court, adding another layer of deception to their scheme.
The Investigation
The complaint was made in a cyber cell. After the complaint was filed, the investigation was made, and it was found that this case stands as one of the most significant sextortion incidents in the country. The father-son pair skillfully assumed five different roles, meticulously executing their plan, which included creating a simulated court environment. “We have also managed to recover Rs 25 lakh from the accused duo—some from their residence in Gopalgarh and the rest from the bank account where it was deposited.
The Tricks used by the duo
The father-son The setup in the fake court scene event was a meticulously built web of deception to inspire fear and weakness in the victim. Let’s look at the tricks the two used to fool the people.
- Social Engineering strategies: Cyber criminals are skilled at using social engineering strategies to acquire the trust of their victims. In this situation, they may have employed phishing emails or phone calls to get personal information about the victim. By appearing as respectable persons or organisations, the crooks tricked the victim into disclosing vital information, giving them weapons they needed to create a sense of trustworthiness.
- Making a False Narrative: To make the fictitious court scenario more credible, the cyber hackers concocted a captivating story based on the victim’s purported legal problems. They might have created plausible papers to give their plan authority, such as forged court summonses, legal notifications, or warrants. They attempted to create a sense of impending danger and an urgent necessity for the victim to comply with their demands by deploying persuasive language and legal jargon.
- Psychological Manipulation: The perpetrators of the fictitious court scenario were well aware of the power of psychological manipulation in coercing their victims. They hoped to emotionally overwhelm the victim by using fear, uncertainty, and the possible implications of legal action. The offenders probably used threats of incarceration, fines, or public exposure to increase the victim’s fear and hinder their capacity to think critically. The idea was to use desperation and anxiety to force the victim to comply.
- Use of Technology to Strengthen Deception: Technological advancements have given cyber thieves tremendous tools to strengthen their misleading methods. The simulated court scenario might have included speech modulation software or deep fake technology to impersonate the voices or appearances of legal experts, judges, or law enforcement personnel. This technology made the deception even more believable, blurring the border between fact and fiction for the victim.
The use of technology in cybercriminals’ misleading techniques has considerably increased their capacity to fool and influence victims. Cybercriminals may develop incredibly realistic and persuasive simulations of judicial processes using speech modulation software, deep fake technology, digital evidence alteration, and real-time communication tools. Individuals must be attentive, gain digital literacy skills, and practice critical thinking when confronting potentially misleading circumstances online as technology advances. Individuals can better protect themselves against the expanding risks posed by cyber thieves by comprehending these technological breakthroughs.
What to do?
Seeking Help and Reporting Incidents: If you or anyone you know is the victim of cybercrime or is fooled by cybercrooks. When confronted with disturbing scenarios such as the imitation court scene staged by cybercrooks, victims must seek help and act quickly by reporting the occurrence. Prompt reporting serves various reasons, including increasing awareness, assisting with investigations, and preventing similar crimes from occurring again. Victims should take the following steps:
- Contact your local law enforcement: Inform local legal enforcement about the cybercrime event. Provide them with pertinent incident facts and proof since they have the experience and resources to investigate cybercrime and catch the offenders involved.
- Seek Assistance from a Cybersecurity specialist: Consult a cybersecurity specialist or respected cybersecurity business to analyse the degree of the breach, safeguard your digital assets, and obtain advice on minimising future risks. Their knowledge and forensic analysis can assist in gathering evidence and mitigating the consequences of the occurrence.
- Preserve Evidence: Keep any evidence relating to the event, including emails, texts, and suspicious actions. Avoid erasing digital evidence, and consider capturing screenshots or creating copies of pertinent exchanges. Evidence preservation is critical for investigations and possible legal procedures.
Conclusion
The setting fake court scene event shows how cybercriminals would deceive and abuse their victims. These criminals tried to use fear and weakness in the victim through social engineering methods, the fabrication of a false narrative, the manipulation of personal information, psychological manipulation, and the use of technology. Individuals can better defend themselves against cybercrooks by remaining watchful and sceptical.
Introduction
Netflix is no stranger to its subscribers being targeted by SMS and email-led phishing campaigns. But the most recent campaign has been deployed at a global scale, affecting paid users in as many as 23 countries according to cybersecurity firm Bitdefender. In this particular campaign, attackers are using the carrot-and-stick tactic of either creating a false sense of urgency or promising rewards to steal financial information and Netflix credentials. For example, users may be contacted via SMS and told that their account is being suspended due to payment failures. A fake website may be shared through a link, encouraging the individual to share sensitive information to restore their account. Once this information has been input, it is now accessible to the attackers. This can create significant stress and even financial loss for its users. Thus, they are encouraged to develop the necessary skills to recognize and respond to these threats effectively.
How The Netflix Scam Works
Users are typically contacted through SMS. Bitdefender reports that these messages may look something like this:
"NETFLIX: There was an issue processing your payment. To keep your services active, please sign in and confirm your details at: https://account-details[.]com"
On clicking the link, the victim is directed to a website designed to mimic an authentic user experience interface, containing Netflix’s logo, color scheme, and grammatically-correct text. The website uses this interface to encourage the victim to divulge sensitive personal information, such as account credentials and payment details. Since this is a phishing website, the user’s personal information becomes accessible to the attacker as soon as it is entered. This information is then sold individually or in bundles on the dark web.
Practical Steps to Stay Safe
- Know Netflix’s Customer Interface: According to Netflix, it will never ask users to share personal information including credit or debit card numbers, bank account details, and Netflix passwords. It will also never ask for payment through a third-party vendor or website.
- Verify Authenticity: Do not open links from unknown sources sent by email or sms. If unsure, access Netflix directly by typing the URL into the browser instead of clicking on links in emails or texts. If the link has been opened, do not enter any information.
- Use Netflix’s Official Support Channels: Confirm any suspicious communication through Netflix’s verified help page or app. Write to phishing@netflix.com with any complaints about such an issue.
- Contact Your Financial Institution: If you have entered your personal information into a phishing website, you should immediately reach out to your bank to block your card and change your Netflix password. Contact the authorities via www.cybercrime.gov.in or by calling the helpline at 1930 in case of loss of funds.
- Use Strong Passwords and Enable MFA/2FA: Users are advised to use a unique, strong password with multiple characters. Enable Multi-Factor Authentication or Two Factor Authentication to your accounts, if available, to add an extra level of security.
Conclusion
Phishing campaigns which are designed to gather customer data through fraudulent means often involve sending links to as many users as possible, with the aim of monetizing stolen information. Attackers exploit user trust in online platforms to steal sensitive personal information, making such campaigns more sophisticated as highlighted above. This underscores the need for users of online platforms to practice good cyber hygiene by verifying information, learning to detect suspicious information and ignoring it, and staying aware of the types of online fraud they may be exposed to.
Sources
- https://www.bitdefender.com/en-gb/blog/hotforsecurity/netflix-scam-stay-safe
- https://help.netflix.com/en/node/65674
- https://timesofindia.indiatimes.com/technology/tech-news/netflix-users-beware-this-netflix-subscription-scam-is-active-in-23-countries-how-to-spot-one-and-stay-safe/articleshow/115820070.cms
