Intermediary Guidelines and Digital Media Ethics Code Amendment Rules, 2023
Introduction
The Ministry of Electronics and Information Technology recently released the IT Intermediary Guidelines 2023 Amendment for social media and online gaming. The notification is crucial when the Digital India Bill’s drafting is underway. There is no denying that this bill, part of a series of bills focused on amendments and adding new provisions, will significantly improve the dynamics of Cyberspace in India in terms of reporting, grievance redressal, accountability and protection of digital rights and duties.
What is the Amendment?
The amendment comes as a key feature of cyberspace as the bill introduces fact-checking, a crucial aspect of relating information on various platforms prevailing in cyberspace. Misformation and disinformation were seen rising significantly during the Covid-19 pandemic, and fact-checking was more important than ever. This has been taken into consideration by the policymakers and hence has been incorporated as part of the Intermediary guidelines. The key features of the guidelines are as follows –
- The phrase “online game,” which is now defined as “a game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary,” has been added.
- A clause has been added that emphasises that if an online game poses a risk of harm to the user, intermediaries and complaint-handling systems must advise the user not to host, display, upload, modify, publish, transmit, store, update, or share any data related to that risky online game.
- A proviso to Rule 3(1)(f) has been added, which states that if an online gaming intermediary has provided users access to any legal online real money game, it must promptly notify its users of the change, within 24 hours.
- Sub-rules have been added to Rule 4 that focus on any legal online real money game and require large social media intermediaries to exercise further due diligence. In certain situations, online gaming intermediaries:
- Are required to display a demonstrable and obvious mark of verification of such online game by an online gaming self-regulatory organisation on such permitted online real money game
- Will not offer to finance themselves or allow financing to be provided by a third party.
- Verification of real money online gaming has been added to Rule 4-A.
- The Ministry may name as many self-regulatory organisations for online gaming as it deems necessary for confirming an online real-money game.
- Each online gaming self-regulatory body will prominently publish on its website/mobile application the procedure for filing complaints and the appropriate contact information.
- After reviewing an application, the self-regulatory authority may declare a real money online game to be a legal game if it is satisfied that:
- There is no wagering on the outcome of the game.
- Complies with the regulations governing the legal age at which a person can engage into a contract.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have a new rule 4-B (Applicability of certain obligations after an initial period) that states that the obligations of the rule under rules 3 and 4 will only apply to online games after a three-month period has passed.
- According to Rule 4-C (Obligations in Relation to Online Games Other Than Online Real Money Games), the Central Government may direct the intermediary to make necessary modifications without affecting the main idea if it deems it necessary in the interest of India’s sovereignty and integrity, the security of the State, or friendship with foreign States.
- Intermediaries, such as social media companies or internet service providers, will have to take action against such content identified by this unit or risk losing their “safe harbour” protections under Section 79 of the IT Act, which let intermediaries escape liability for what third parties post on their websites. This is problematic and unacceptable. Additionally, these notified revisions can circumvent the takedown order process described in Section 69A of the IT Act, 2000. They also violated the ruling in Shreya Singhal v. Union of India (2015), which established precise rules for content banning.
- The government cannot decide if any material is “fake” or “false” without a right of appeal or the ability for judicial monitoring since the power to do so could be abused to thwart examination or investigation by media groups. Government takedown orders have been issued for critical remarks or opinions posted on social media sites; most of the platforms have to abide by them, and just a few, like Twitter, have challenged them in court.
Conclusion
The new rules briefly cover the aspects of fact-checking, content takedown by Govt, and the relevance and scope of sections 69A and 79 of the Information Technology Act, 2000. Hence, it is pertinent that the intermediaries maintain compliance with rules to ensure that the regulations are sustainable and efficient for the future. Despite these rules, the responsibility of the netizens cannot be neglected, and hence active civic participation coupled with such efficient regulations will go a long way in safeguarding the Indian cyber ecosystem.
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Introduction
Digitalization in India has been a transformative force, India is also marked as the second country in the world in terms of active internet users. With this adoption of digitalization and technology, the country is becoming a digitally empowered society and knowledge-based economy. However, the number of cyber crimes in the country has also seen a massive spike recently with the sophisticated cyber attacks and manipulative techniques being used by cybercriminals to lure innocent individuals and businesses.
As per recent reports, over 740,000 cybercrime cases were reported to the I4C, in the first four months of 2024, which raises serious concern on the growing nature of cyber crimes in the country. Recently Prime Minister Modi in his Mann Ki Baat address, cautioned the public about a particular rising cyber scam known as ‘digital arrest’ and highlighted the seriousness of the issue and urged people to be aware and alert about such scams to counter them. The government has been keen on making efforts to reduce and combat cyber crimes by introducing new measures and strengthening the regulatory landscape governing cyberspace in India.
Indian Cyber Crime Coordination Centre
Indian Cybercrime Coordination Centre (I4C) was established by the Ministry of Home Affairs (MHA) to provide a framework and eco-system for law enforcement agencies (LEAs) to deal with cybercrime in a coordinated and comprehensive manner. I4C handles the ‘National Cyber Crime Reporting Portal’ (https://cybercrime.gov.in) and the 1930 Cyber Crime Helpline. Recently at the Indian Cyber Crime Coordination Centre (I4C) Foundation Day celebration, Union Home Minister Amit Shah launched the Cyber Fraud Mitigation Centre (CFMC), Samanvay platform (Joint Cybercrime Investigation Facilitation System), 'Cyber Commandos' program and Online Suspect Registry as efforts to combat the cyber crimes, establish cyber resilence and awareness and strengthening capabilities of law enforcement agencies.
Regulatory landscape Governing Cyber Crimes
Information Technology Act, 2000 (IT Act) and the rules made therein, the Intermediary Guidelines, Digital Personal Data Protection Act, 2023 and Bhartiya Nyay Sanhita, 2023 are the major legislation in India governing Cyber Laws.
CyberPeace Recommendations
There has been an alarming uptick in cybercrimes in the country highlighting the need for proactive approaches to counter these emerging threats. The government should prioritise its efforts by introducing robust policies and technical measures to reduce cybercrime in the country. The law enforcement agencies' capabilities must be strengthened with advanced technologies to deal with cyber crimes especially considering the growing sophisticated nature of cyber crime tactics used by cyber criminals.
The netizens must be aware of the manipulative tactics used by cyber criminals to target them. Social media companies must also implement robust measures on their respective platforms to counter and prevent cyber crimes. Coordinated approaches by all relevant authorities, including law enforcement, cybersecurity agencies, and regulatory bodies, along with increased awareness and proactive engagement by netizens, can significantly reduce cyber threats and online criminal activities.
References
- https://www.statista.com/statistics/1499739/india-cyber-crime-cases-reported-to-i4c/#:~:text=Cyber%20crime%20cases%20registered%20by%20I4C%20India%202019%2D2024&text=Over%20740%2C000%20cases%20of%20cyber,related%20to%20online%20financial%20fraud
- https://www.deccanherald.com/india/parliament-panel-to-examine-probe-agencies-efforts-to-tackle-cyber-crime-illegal-immigration-3270314
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2003158
Introduction
As the sun rises on the Indian subcontinent, a nation teeters on the precipice of a democratic exercise of colossal magnitude. The Lok Sabha elections, a quadrennial event that mobilises the will of over a billion souls, is not just a testament to the robustness of India's democratic fabric but also a crucible where the veracity of information is put to the sternest of tests. In this context, the World Economic Forum's 'Global Risks Report 2024' emerges as a harbinger of a disconcerting trend: the spectre of misinformation and disinformation that threatens to distort the electoral landscape.
The report, a carefully crafted document that shares the insights of 1,490 experts from the interests of academia, government, business and civil society, paints a tableau of the global risks that loom large over the next decade. These risks, spawned by the churning cauldron of rapid technological change, economic uncertainty, a warming planet, and simmering conflict, are not just abstract threats but tangible realities that could shape the future of nations.
India’s Electoral Malice
India, as it strides towards the general elections scheduled in the spring of 2024, finds itself in the vortex of this hailstorm. The WEF survey positions India at the zenith of vulnerability to disinformation and misinformation, a dubious distinction that underscores the challenges facing the world's largest democracy. The report depicts misinformation and disinformation as the chimaeras of false information—whether inadvertent or deliberate—that are dispersed through the arteries of media networks, skewing public opinion towards a pervasive distrust in facts and authority. This encompasses a panoply of deceptive content: fabricated, false, manipulated and imposter.
The United States, the European Union, and the United Kingdom too, are ensnared in this web of varying degrees of misinformation. South Africa, another nation on the cusp of its own electoral journey, is ranked 22nd, a reflection of the global reach of this phenomenon. The findings, derived from a survey conducted over the autumnal weeks of September to October 2023, reveal a world grappling with the shadowy forces of untruth.
Global Scenario
The report prognosticates that as close to three billion individuals across diverse economies—Bangladesh, India, Indonesia, Mexico, Pakistan, the United Kingdom, and the United States—prepare to exercise their electoral rights, the rampant use of misinformation and disinformation, and the tools that propagate them, could erode the legitimacy of the governments they elect. The repercussions could be dire, ranging from violent protests and hate crimes to civil confrontation and terrorism.
Beyond the electoral arena, the fabric of reality itself is at risk of becoming increasingly polarised, seeping into the public discourse on issues as varied as public health and social justice. As the bedrock of truth is undermined, the spectre of domestic propaganda and censorship looms large, potentially empowering governments to wield control over information based on their own interpretation of 'truth.'
The report further warns that disinformation will become increasingly personalised and targeted, honing in on specific groups such as minority communities and disseminating through more opaque messaging platforms like WhatsApp or WeChat. This tailored approach to deception signifies a new frontier in the battle against misinformation.
In a world where societal polarisation and economic downturn are seen as central risks in an interconnected 'risks network,' misinformation and disinformation have ascended rapidly to the top of the threat hierarchy. The report's respondents—two-thirds of them—cite extreme weather, AI-generated misinformation and disinformation, and societal and/or political polarisation as the most pressing global risks, followed closely by the 'cost-of-living crisis,' 'cyberattacks,' and 'economic downturn.'
Current Situation
In this unprecedented year for elections, the spectre of false information looms as one of the major threats to the global populace, according to the experts surveyed for the WEF's 2024 Global Risk Report. The report offers a nuanced analysis of the degrees to which misinformation and disinformation are perceived as problems for a selection of countries over the next two years, based on a ranking of 34 economic, environmental, geopolitical, societal, and technological risks.
India, the land of ancient wisdom and modern innovation, stands at the crossroads where the risk of disinformation and misinformation is ranked highest. Out of all the risks, these twin scourges were most frequently selected as the number one risk for the country by the experts, eclipsing infectious diseases, illicit economic activity, inequality, and labor shortages. The South Asian nation's next general election, set to unfurl between April and May 2024, will be a litmus test for its 1.4 billion people.
The spectre of fake news is not a novel adversary for India. The 2019 election was rife with misinformation, with reports of political parties weaponising platforms like WhatsApp and Facebook to spread incendiary messages, stoking fears that online vitriol could spill over into real-world violence. The COVID-19 pandemic further exacerbated the issue, with misinformation once again proliferating through WhatsApp.
Other countries facing a high risk of the impacts of misinformation and disinformation include El Salvador, Saudi Arabia, Pakistan, Romania, Ireland, Czechia, the United States, Sierra Leone, France, and Finland, all of which consider the threat to be one of the top six most dangerous risks out of 34 in the coming two years. In the United Kingdom, misinformation/disinformation is ranked 11th among perceived threats.
The WEF analysts conclude that the presence of misinformation and disinformation in these electoral processes could seriously destabilise the real and perceived legitimacy of newly elected governments, risking political unrest, violence, and terrorism, and a longer-term erosion of democratic processes.
The 'Global Risks Report 2024' of the World Economic Forum ranks India first in facing the highest risk of misinformation and disinformation in the world at a time when it faces general elections this year. The report, released in early January with the 19th edition of its Global Risks Report and Global Risk Perception Survey, claims to reveal the varying degrees to which misinformation and disinformation are rated as problems for a selection of analyzed countries in the next two years, based on a ranking of 34 economic, environmental, geopolitical, societal, and technological risks.
Some governments and platforms aiming to protect free speech and civil liberties may fail to act effectively to curb falsified information and harmful content, making the definition of 'truth' increasingly contentious across societies. State and non-state actors alike may leverage false information to widen fractures in societal views, erode public confidence in political institutions, and threaten national cohesion and coherence.
Trust in specific leaders will confer trust in information, and the authority of these actors—from conspiracy theorists, including politicians, and extremist groups to influencers and business leaders—could be amplified as they become arbiters of truth.
False information could not only be used as a source of societal disruption but also of control by domestic actors in pursuit of political agendas. The erosion of political checks and balances and the growth in tools that spread and control information could amplify the efficacy of domestic disinformation over the next two years.
Global internet freedom is already in decline, and access to more comprehensive sets of information has dropped in numerous countries. The implication: Falls in press freedoms in recent years and a related lack of strong investigative media are significant vulnerabilities set to grow.
Advisory
Here are specific best practices for citizens to help prevent the spread of misinformation during electoral processes:
- Verify Information:Double-check the accuracy of information before sharing it. Use reliable sources and fact-checking websites to verify claims.
- Cross-Check Multiple Sources:Consult multiple reputable news sources to ensure that the information is consistent across different platforms.
- Be Wary of Social Media:Social media platforms are susceptible to misinformation. Be cautious about sharing or believing information solely based on social media posts.
- Check Dates and Context:Ensure that information is current and consider the context in which it is presented. Misinformation often thrives when details are taken out of context.
- Promote Media Literacy:Educate yourself and others on media literacy to discern reliable sources from unreliable ones. Be skeptical of sensational headlines and clickbait.
- Report False Information:Report instances of misinformation to the platform hosting the content and encourage others to do the same. Utilise fact-checking organisations or tools to report and debunk false information.
- Critical Thinking:Foster critical thinking skills among your community members. Encourage them to question information and think critically before accepting or sharing it.
- Share Official Information:Share official statements and information from reputable sources, such as government election commissions, to ensure accuracy.
- Avoid Echo Chambers:Engage with diverse sources of information to avoid being in an 'echo chamber' where misinformation can thrive.
- Be Responsible in Sharing:Before sharing information, consider the potential impact it may have. Refrain from sharing unverified or sensational content that can contribute to misinformation.
- Promote Open Dialogue:Open discussions should be promoted amongst their community about the significance of factual information and the dangers of misinformation.
- Stay Calm and Informed:During critical periods, such as election days, stay calm and rely on official sources for updates. Avoid spreading unverified information that can contribute to panic or confusion.
- Support Media Literacy Programs:Media Literacy Programs in schools should be promoted to provide individuals with essential skills to sail through the information sea properly.
Conclusion
Preventing misinformation requires a collective effort from individuals, communities, and platforms. By adopting these best practices, citizens can play a vital role in reducing the impact of misinformation during electoral processes.
References:
- https://thewire.in/media/survey-finds-false-information-risk-highest-in-india
- https://thesouthfirst.com/pti/india-faces-highest-risk-of-disinformation-in-general-elections-world-economic-forum/
Introduction
The information of hundreds of thousands of Indians who received the COVID vaccine was Leaked in a significant data breach and posted on a Telegram channel. Numerous reports claim that sensitive information, including a person’s phone number, gender, ID card details, and date of birth, leaked over Telegram. It could be obtained by typing a person’s name into a Telegram bot.
What really happened?
The records pertaining to the mobile number registered in the CoWin portal are accessible on the Malayalam news website channel. It is also feasible to determine which vaccination was given and where it was given.
According to The Report, the list of individuals whose data was exposed includes BJP Tamil Nadu president K Annamalai, Congress MP Karti Chidambaram, and former BJP union minister for health Harsh Vardhan. Telangana’s minister of information and communication technology, Kalvakuntla Taraka Rama Rao, is also on the list.
MEITY stated in response to the data leak, “It is old data, we are still confirming it. We have requested a report on the matter.
After the media Report, the bot was disabled, but experts said the incident raised severe issues because the information might be used for identity theft, phishing emails, con games, and extortion calls. The Indian Computer Emergency Response Team (CERT-In), the government’s nodal body, has opened an investigation into the situation
The central government declared the data breach reports regarding the repository of beneficiaries against Covid to be “mischievous in nature” on Monday and claimed the ‘bot’ that purportedly accessed the confidential data was not directly accessing the CoWIN database.
According to the first complaint by CERT-In, the government’s cybersecurity division, the government claimed the bot might be displaying information from “previously stolen data.” Reports.
The health ministry refuted the claim, asserting that no bots could access the information without first verifying with a one-time password.
“It is made clear that all of these rumours are false and malicious. The health ministry’s CoWIN interface is entirely secure and has sufficient data privacy protections. The security of the data on the CoWIN portal is being ensured in every way possible, according to a statement from the health ministry.
Meity said the CoWin program or database was not directly compromised, and the shared information appeared to be taken from a previous intrusion. But the hack again highlights the growing danger of cyber assaults, particularly on official websites.
Recent cases of data leak
Dominos India 2021– Dominos India, a division of Jubilant FoodWorks, faced a cyberattack on May 22, 2021, which led to the disclosure of information from 180 million orders. The breach exposed order information, email addresses, phone numbers, and credit card information. Although Jubilant FoodWorks acknowledged a security breach, it refuted any illegal access to financial data.
Air India – A cyberattack that affected Air India in May 2021 exposed the personal information of about 4.5 million customers globally. Personal information recorded between August 26, 2011, and February 3, 2021, including names, dates of birth, contact information, passport information, ticket details, frequent flyer information from Star Alliance and Air India, and credit card information, were exposed in the breach.
Bigbasket – BigBasket, an online supermarket, had a data breach in November 2020, compromising the personal information of approximately 20 million consumers. Email IDs, password hashes, PINs, phone numbers, addresses, dates of birth, localities, and IP addresses were among the information released from an insecure database containing over 15 GB of customer data. BigBasket admitted to the incident and reported it to the Bengaluru Cyber Crime Department.
Unacademy – Unacademy, an online learning platform, experienced a data breach in May 2020, compromising the email addresses of approximately 11 million subscribers. While no sensitive information, such as financial data or passwords, was compromised, user data, including IDs, passwords, date joined, last login date, email IDs, names, and user credentials, was. The breach was detected when user accounts were uncovered for sale on the dark web.
2022 Card Data- Cybersecurity researchers from AI-driven Singapore-based CloudSEK found a threat actor offering a database of 1.2 million cards for free on a Dark Web forum for crimes on October 12, 2022. This came after a second problem involving 7.9 million cardholder records that were reported on the BidenCash website. This comprised information pertaining to State Bank of India (SBI) clients. And other well-known companies were among those targeted in high-profile data breach cases that have surfaced in recent years.
Conclusion
Data breach cases are increasing daily, and attackers are mainly attacking the healthcare sectors and health details as they can easily find personal details. This recent CoWIN case has compromised thousands of people’s data. The All-India Institute of Medical Sciences’ systems were compromised by hackers a few months ago. Over 95% of adults have had their vaccinations, according to the most recent data, even if the precise number of persons impacted by the CoWin privacy breach could not be determined.
