Supreme Court Landmark Ruling: CSEAM is an offence under POSCO and IT Act
Introduction
Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.
Intermediaries cannot claim exemption from Liability U/S 79
Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.
The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.
Bar on Judicial Use of the term ‘Child Porn’
Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.
Curbing CSEAM Content on Social Media Platforms
Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.
Conclusion
In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace.
References
- https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
- https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
- https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053
- https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/
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A Foray into the Digital Labyrinth
In our digital age, the silhouette of truth is often obfuscated by a fog of technological prowess and cunning deception. With each passing moment, the digital expanse sprawls wider, and within it, synthetic media, known most infamously as 'deepfakes', emerge like phantoms from the machine. These adept forgeries, melding authenticity with fabrication, represent a new frontier in the malleable narrative of understood reality. Grappling with the specter of such virtual deceit, social media behemoths Facebook and YouTube have embarked on a prodigious quest. Their mission? To formulate robust bulwarks around the sanctity of fact and fiction, all the while fostering seamless communication across channels that billions consider an inextricable part of their daily lives.
In an exploration of this digital fortress besieged by illusion, we unpeel the layers of strategy that Facebook and YouTube have unfurled in their bid to stymie the proliferation of these insidious technical marvels. Though each platform approaches the issue through markedly different prisms, a shared undercurrent of necessity and urgency harmonizes their efforts.
The Detailing of Facebook's Strategic
Facebook's encampment against these modern-day chimaeras teems with algorithmic sentinels and human overseers alike—a union of steel and soul. The company’s layer upon layer of sophisticated artificial intelligence is designed to scrupulously survey, identify, and flag potential deepfake content with a precision that borders on the prophetic. Employing advanced AI systems, Facebook endeavours to preempt the chaos sown by manipulated media by detecting even the slightest signs of digital tampering.
However, in an expression of profound acumen, Facebook also serves reminder of AI's fallibility by entwining human discernment into its fabric. Each flagged video wages its battle for existence within the realm of these custodians of reality—individuals entrusted with the hefty responsibility of parsing truth from technologically enabled fiction.
Facebook does not rest on the laurels of established defense mechanisms. The platform is in a perpetual state of flux, with policies and AI models adapting to the serpentine nature of the digital threat landscape. By fostering its cyclical metamorphosis, Facebook not only sharpens its detection tools but also weaves a more resilient protective web, one capable of absorbing the shockwaves of an evolving battlefield.
YouTube’s Overture of Transparency and the Exposition of AI
Turning to the amphitheatre of YouTube, the stage is set for an overt commitment to candour. Against the stark backdrop of deepfake dilemmas, YouTube demands the unveiling of the strings that guide the puppets, insisting on full disclosure whenever AI's invisible hands sculpt the content that engages its diverse viewership.
YouTube's doctrine is straightforward: creators must lift the curtains and reveal any artificial manipulation's role behind the scenes. With clarity as its vanguard, this requirement is not just procedural but an ethical invocation to showcase veracity—a beacon to guide viewers through the murky waters of potential deceit.
The iron fist within the velvet glove of YouTube's policy manifests through a graded punitive protocol. Should a creator falter in disclosing the machine's influence, repercussions follow, ensuring that the ecosystem remains vigilant against hidden manipulation.
But YouTube's policy is one that distinguishes between malevolence and benign use. Artistic endeavours, satirical commentary, and other legitimate expositions are spared the policy's wrath, provided they adhere to the overarching principle of transparency.
The Symbiosis of Technology and Policy in a Morphing Domain
YouTube's commitment to refining its coordination between human insight and computerized examination is unwavering. As AI's role in both the generation and moderation of content deepens, YouTube—which, like a skilled cartographer, must redraw its policies increasingly—traverses this ever-mutating landscape with a proactive stance.
In a Comparative Light: Tracing the Convergence of Giants
Although Facebook and YouTube choreograph their steps to different rhythms, together they compose an intricate dance aimed at nurturing trust and authenticity. Facebook leans into the proactive might of their AI algorithms, reinforced by updates and human interjection, while YouTube wields the virtue of transparency as its sword, cutting through masquerades and empowering its users to partake in storylines that are continually rewritten.
Together on the Stage of Our Digital Epoch
The sum of Facebook and YouTube's policies is integral to the pastiche of our digital experience, a multifarious quilt shielding the sanctum of factuality from the interloping specters of deception. As humanity treads the line between the veracious and the fantastic, these platforms stand as vigilant sentinels, guiding us in our pursuit of an old-age treasure within our novel digital bazaar—the treasure of truth. In this labyrinthine quest, it is not merely about unmasking deceivers but nurturing a wisdom that appreciates the shimmering possibilities—and inherent risks—of our evolving connection with the machine.
Conclusion
The struggle against deepfakes is a complex, many-headed challenge that will necessitate a united front spanning technologists, lawmakers, and the public. In this digital epoch, where the veneer of authenticity is perilously thin, the valiant endeavours of these tech goliaths serve as a lighthouse in a storm-tossed sea. These efforts echo the importance of evergreen vigilance in discerning truth from artfully crafted deception.
References
- https://about.fb.com/news/2020/01/enforcing-against-manipulated-media/
- https://indianexpress.com/article/technology/artificial-intelligence/google-sheds-light-on-how-its-fighting-deep-fakes-and-ai-generated-misinformation-in-india-9047211/
- https://techcrunch.com/2023/11/14/youtube-adapts-its-policies-for-the-coming-surge-of-ai-videos/
- https://www.trendmicro.com/vinfo/us/security/news/cybercrime-and-digital-threats/youtube-twitter-hunt-down-deepfakes
Introduction
Social media has become integral to our lives and livelihood in today’s digital world. Influencers are now strong people who shape trends, views, and consumer behaviour. Influencers have become targets for bad actors aiming to abuse their fame due to their significant internet presence. Unfortunately, account hacking has grown frequently, with significant ramifications for influencers and their followers. Furthermore, the emergence of social media platforms in recent years has opened the way for influencer culture. Influencers exert power over their followers’ ideas, lifestyle choices, and purchase decisions. Influencers and brands frequently collaborate to exploit their reach, resulting in a mutually beneficial environment. As a result, the value of influencer accounts has risen dramatically, attracting the attention of hackers trying to abuse their potential for financial gain or personal advantage.
Instances of recent attacks
Places of worship
The hackers have targeted renowned temples for fulfilling their malicious activities the recent attack happened on The Khautji Shyam Temple, a famous religious institution with enormous cultural and spiritual value for its adherents. It serves as a place of worship, community events, and numerous religious activities. However, since technology has invaded all sectors of life, the temple’s online presence has developed, giving worshippers access to information, virtual darshans (holy viewings), and interactive forums. Unfortunately, this digital growth has also rendered the shrine vulnerable to cyber threats. The hackers hacked the Facebook page twice in the month, demanded donations and hacked the cheques the devotes gave to the trust. The second event happened by posting objectional images on the page and hurting the sentiments of the devotees. The Committee of the temple has filed an FIR under various charges and is also seeking help from the cyber cell.
Social media Influencers
Influencers enjoy a vast online following worldwide, but their presence is limited to the digital space. Hence every video, photo is of importance to them. An incident took place with leading news anchor and reporter Barkha Dutt, where in her youtube channel was hacked into, and all the posts made from the channel were deleted. The hackers also replaced the channel’s logo with Tesla and were streaming a live video on the channel featuring Elon Musk. A similar incident was reported by influencer Tanmay Bhatt, who also lost all the content e had posted on his channel. The hackers use the following methods to con social media influencers:
- Social engineering
- Phishing
- Brute Force Attacks
Such attacks on influencers can cause harm to their reputation, can also cause financial loss, and even lose the trust of the viewers or the followers who follow them, thus further impacting the collaborations.
Safeguards
Social media influencers need to be very careful about their cyber security as their prominent presence is in the online world. The influencers from different platforms should practice the following safeguards to protect themselves and their content better online
Secure your accounts
Protecting your accounts with passphrases or strong passwords is the first step. The best strategy for doing this is to create a passphrase, a phrase only you know. We advise choosing a passphrase with at least four words and 15 characters.
To further secure your accounts, you must enable multi-factor authentication in the second step.
To access your account, a hacker must guess your password and provide a second authentication factor (such as a face scan or fingerprint) that matches yours.
Be careful about who has access
Many social media influencers collaborate with a team to help generate and post content while building their personal brands.
This entails using team members who can write and produce material that influencers can share themselves, according to some of them. In these situations, the influencer is the only person who still has access to the account.
There are more potential weak spots when more people have access. Additionally, it increases the number of ways a password or account access could fall into the hands of a cybercriminal. Only some staff members will be as cautious about password security as you may be.
Stay up-to-date on the threats
What’s the most significant way to combat threats to computer security? Information.
Cybercriminals constantly adapt their methods. It’s crucial to stay informed about these threats and how they can be utilised against you.
But it’s not just threats. Social media platforms and other service providers are likewise changing their offerings to avoid these challenges.
Educate yourself to protect yourself. You can keep one step ahead of the hazards that cybercriminals offer by continuously educating yourself.
Preach cybersecurity
As influencers, cyber security should be preached, no matter your agenda.
This will also enable users to inculcate best practices for digital hygiene.
This will also boost the reporting numbers and increase population awareness, thus eradicating such bad actors from our cyberspace.
Acknowledge the risks
Keeping a blind eye will always hurt the safety aspects, as ignorance always causes issues.
Risks should be kept in mind while creating the digital routine and netiquette
Always inform your users of risk existing and potential risks
Monitor threats
After the acknowledgement, it is essential to monitor threats.
Active lookout for threats will allow you to understand the modus Operandi and the vulnerabilities to avoid criminals
Threats monitoring is also a basic netizens’ responsibility to ensure that the threats are reported as they emerge.
Interpret the data
All cyber nodal agencies release data and trends of cybercrimes, understand the trends and protect your vulnerabilities.
Data interpretation can lead to an early flagging of threats and issues, thus protecting the cyber ecosystem by and large.
Create risk profiles
All influencers should create risk profiles and backup profiles.
This will also help protect one’s data as it can be stored on different profiles.
Risk profiles and having a private profile are essential to safeguard the basic cyber interests of an influencer.
Conclusion
As we go deeper into the digital age, we see more technologies emerging, but along with them, we see a new generation of cyber threats and challenges. The physical, as well as the cyberspace, is now inter twinned and interdependent. Practising basic cyber security practices, hygiene, netiquette, and monitoring best practices will go a long way in protecting the online interests of the Influencers and will impact their followers to engage in best practices thus safeguarding the cyber ecosystem at large.
Overview of the India-UK Joint Tech Security Initiative
India and the UK have been deepening their technological and security ties through various initiatives and agreements. One of the key developments in this partnership is the India-UK Joint Tech Security Initiative, which focuses on enhancing collaboration in areas like cybersecurity, artificial intelligence (AI),telecommunications, and critical technologies. Building upon the bilateral cooperation agenda set out in the India-UK Roadmap 2030, which seeks to bolster cooperation across various sectors, including trade, climate change, antidefense, the UK and India launched the Joint Tech Security Initiative (TSI) on July 24, 2024. This initiative will priorities collaboration in critical and emerging technologies across priority sectors. Coordinating with the national security agencies of both countries, the TSI will set priority areas and identify interdependencies for cooperation on critical and emerging technologies. This, in turn, will help build meaningful technology value chain partnerships between India & the UK.
The TSI will be coordinated by the National Security Advisors (NSAs) of both countries through existing and new dialogues. The NSAswill set priority areas and identify interdependencies for cooperation on critical and emerging tech, helping build meaningful technology value chain partnerships between the two countries. Progress made on the initiative will be reviewed on a half-yearly basis at the Deputy NSA level. A bilateral mechanism will be established led by India's Ministry of External Affairs and the UK government for promotion of trade in critical and emerging technologies, including resolution of relevant licensing or regulatory issues. Both countries view this TSI as a platform and a strong signal of intent to build and grow sustainable and tangible partnerships across priority tech sectors. They will explore how to build a deeper strategic partnership between UK and Indian research and technology centres and Incubators, enhance cooperation across UK and India tech and innovation ecosystems, and create a channel for industry and academia to help shape the TSI.
The UK and India are launching new bilateral initiatives to expand and deepen their technology security partnership. These initiatives will focus on various domains, including telecoms, critical minerals, semiconductors, and energy security.
In telecoms, the UK and India will build a new Future Telecoms Partnership, focusing on joint research on future telecoms, open RAN systems, testbed linkups, telecoms security, spectrum innovation, software and systems architecture. This will include collaboration between UK's SONIC Labs, India's Centre for Development of Telematics (C-DOT), and Dot's Telecoms Startup Mission.
In critical minerals, the UK and India will expand their collaboration on critical minerals, working together to improve supply chain resilience, explore possible research and development and technology partnerships along the complete critical minerals value chain, and share best practices on ESG standards. They will establish a roadmap for cooperation and establish a UK-India ‘critical minerals’ community of academics, innovators, and industry.
Key Areas of Collaboration:
- Strengthening cybersecurity defense and enhancing resilience through joint cybersecurity exercises and information-sharing and developing common standards and best practices while collaborating with their respective organisations, ie, CERT-In and NCSC.
- Promotion of ethical AI development and deployment with AI ethics guidelines and frameworks, and efforts encouraging academic collaborations. Support for new partnerships between UK and Indian research organizations alongside existing joint programmes using AI to tackle global challenges.
- Building secure and resilient telecom infrastructure with a focus on security and exchange of expertise and regulatory cooperation. Collaboration on Open Radio Access Networks tech to name as an example.
- Critical and emerging technologies development by advancing research and innovation in the quantum, semiconductors and biotechnology niches. Promoting and investing in tech startups and innovation ecosystems. Engaging in policy dialogues on tech governance and standards.
- Digital economy and trade facilitation to promote economic growth by enhancing frameworks and agreements for it. Collaborating on digital payment systems and fintech solutions and most importantly promoting data protection and privacy standards.
Outlook and Impact on the Industry
The initiative sets out a new approach for how the UK and India work together on the defining technologies of this decade. These include areas such as telecoms, critical minerals, AI, quantum, health/biotechnology, advanced materials and semiconductors. While the initiative looks promising, several challenges need to be addressed such as the need to put robust regulatory frameworks in place, and develop a balanced approach for data privacy and information exchange in the cross-border data flows. It is imperative to install mechanisms that ensure that intellectual property is protected while the facilitation of technology transfer is not hampered. Above all, geopolitical risks need to be navigated in a manner that the tensions are reduced and a stable partnership grows. The Initiative builds on a series of partnerships between India and the UK, as well as between industry and academia. Abilateral mechanism, led by India’s Ministry of External Affairs and the UK government, will promote trade in critical and emerging technologies, including the resolution of relevant licensing or regulatory issues.
Conclusion
This initiative, at its core, will drive forward a bilateral partnership that is framed on boosting economic growth and deepening cooperation across key issues including trade, technology, education, culture and climate. By combining their strengths, the UK and India are poised to create a robust framework for technological innovation and security that could serve as a model for international cooperation in tech.
References
- https://www.hindustantimes.com/india-news/india-uk-launch-joint-tech-security-initiative-101721876539784.html
- https://www.gov.uk/government/publications/uk-india-technology-security-initiative-factsheet/uk-india-technology-security-initiative-factsheet
- https://www.business-standard.com/economy/news/india-uk-unveil-futuristic-technology-security-initiative-to-seal-fta-soon-124072500014_1.htm
- https://bharatshakti.in/india-uk-technology-security-initiative/
