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.
Related Blogs
Introduction
The Information Technology (IT) Ministry has tested a new parental control app called ‘SafeNet’ that is intended to be pre-installed in all mobile phones, laptops and personal computers (PCs). The government's approach shows collaborative efforts by involving cooperation between Internet service providers (ISPs), the Department of School Education, and technology manufacturers to address online safety concerns. Campaigns and the proposed SafeNet application aim to educate parents about available resources for online protection and safeguarding their children.
The Need for SafeNet App
SafeNet Trusted Access is an access management and authentication service that ensures no user is a target by allowing you to expand authentication to all users and apps with diverse authentication capabilities. SafeNet is, therefore, an arsenal of tools, each meticulously crafted to empower guardians in the art of digital parenting. With the finesse of a master weaver, it intertwines content filtering with the vigilant monitoring of live locations, casting a protective net over the vulnerable online experiences of the children. The ability to oversee calls and messages adds another layer of security, akin to a watchful sentinel standing guard over the gates of communication. Some pointers regarding the parental control app that can be taken into consideration are as follows.
1. Easy to use and set up: The app should be useful, intuitive, and easy to use. The interface plays a significant role in achieving this goal. The setup process should be simple enough for parents to access the app without any technical issues. Parents should be able to modify settings and monitor their children's activity with ease.
2. Privacy and data protection: Considering the sensitive nature of children's data, strong privacy and data protection measures are paramount. From the app’s point of view, strict privacy standards include encryption protocols, secure data storage practices, and transparent data handling policies with the right of erasure to protect and safeguard the children's personal information from unauthorized access.
3. Features for Time Management: Effective parental control applications frequently include capabilities for regulating screen time and establishing use limitations. The app will evaluate if the software enables parents to set time limits for certain applications or devices, therefore promoting good digital habits and preventing excessive screen time.
4. Comprehensive Features of SafeNet: The app's commitment to addressing the multifaceted aspects of online safety is reflected in its robust features. It allows parents to set content filters with surgical precision, manage the time their children spend in the digital world, and block content that is deemed age-inappropriate. This reflects a deep understanding of the digital ecosystem's complexities and the varied threats that lurk within its shadows.
5. Adaptable to the needs of the family: In a stroke of ingenuity, SafeNet offers both parent and child versions of the app for shared devices. This adaptability to diverse family dynamics is not just a nod to inclusivity but a strategic move that enhances its usability and effectiveness in real-world scenarios. It acknowledges the unique tapestry of family structures and the need for tools that are as flexible and dynamic as the families they serve.
6. Strong Support From Government: The initiative enjoys a chorus of support from both government and industry stakeholders, a symphony of collaboration that underscores the collective commitment to the cause. Recommendations for the pre-installation of SafeNet on devices by an industry consortium resonate with the directives from the Prime Minister's Office (PMO),creating a harmonious blend of policy and practice. The involvement of major telecommunications players and Internet service providers underscores the industry's recognition of the importance of such initiatives, emphasising a collaborative approach towards deploying digital safeguarding measures at scale.
Recommendations
The efforts by the government to implement parental controls a recommendable as they align with societal goals of child welfare and protection. This includes providing parents with tools to manage and monitor their children's Internet usage to address concerns about inappropriate content and online risks. The following suggestions are made to further support the government's initiative:
1. The administration can consider creating a verification mechanism similar to how identities are verified when mobile SIMS are issued. While this certainly makes for a longer process, it will help address concerns about the app being misused for stalking and surveillance if it is made available to everyone as a default on all digital devices.
2. Parental controls are available on several platforms and are designed to shield, not fetter. Finding the right balance between protection and allowing for creative exploration is thus crucial to ensuring children develop healthy digital habits while fostering their curiosity and learning potential. It might be helpful to the administration to establish updated policies that prioritise the privacy-protection rights of children so that there is a clear mandate on how and to what extent the app is to be used.
3. Policy reforms can be further supported through workshops, informational campaigns, and resources that educate parents and children about the proper use of the app, the concept of informed consent, and the importance of developing healthy, transparent communication between parents and children.
Conclusion
Safety is a significant step towards child protection and development. Children have to rely on adults for protection and cannot identify or sidestep risk. In this context, the United Nations Convention on the Rights of the Child emphasises the matter of protection efforts for children, which notes that children have the "right to protection". Therefore, the parental safety app will lead to significant concentration on the general well-being and health of the children besides preventing drug misuse. On the whole, while technological solutions can be helpful, one also needs to focus on educating people on digital safety, responsible Internet use, and parental supervision.
References
- https://www.hindustantimes.com/india-news/itministry-tests-parental-control-app-progress-to-be-reviewed-today-101710702452265.html
- https://www.htsyndication.com/ht-mumbai/article/it-ministry-tests-parental-control-app%2C-progress-to-be-reviewed-today/80062127
- https://www.varindia.com/news/it-ministry-to-evaluate-parental-control-software
- https://www.medianama.com/2024/03/223-indian-government-to-incorporate-parental-controls-in-data-usage/
Introduction
The emergence of deepfake technology has become a significant problem in an era driven by technological growth and power. The government has reacted proactively as a result of concerns about the exploitation of this technology due to its extraordinary realism in manipulating information. The national government is in the vanguard of defending national interests, public trust, and security as the digital world changes. On the 26th of December 2023, the central government issued an advisory to businesses, highlighting how urgent it is to confront this growing threat.
The directive aims to directly address the growing concerns around Deepfakes, or misinformation driven by AI. This advice represents the result of talks that Union Minister Shri Rajeev Chandrasekhar, had with intermediaries during the course of a month-long Digital India dialogue. The main aim of the advisory is to accurately and clearly inform users about information that is forbidden, especially those listed under Rule 3(1)(b) of the IT Rules.
Advisory
The Ministry of Electronics and Information Technology (MeitY) has sent a formal recommendation to all intermediaries, requesting adherence to current IT regulations and emphasizing the need to address issues with misinformation, specifically those driven by artificial intelligence (AI), such as Deepfakes. Union Minister Rajeev Chandrasekhar released the recommendation, which highlights the necessity of communicating forbidden information in a clear and understandable manner, particularly in light of Rule 3(1)(b) of the IT Rules.
Advise on Prohibited Content Communication
According to MeitY's advice, intermediaries must transmit content that is prohibited by Rule 3(1)(b) of the IT Rules in a clear and accurate manner. This involves giving users precise details during enrollment, login, and content sharing/uploading on the website, as well as including such information in customer contracts and terms of service.
Ensuring Users Are Aware of the Rules
Digital platform suppliers are required to inform their users of the laws that are relevant to them. This covers provisions found in the IT Act of 2000 and the Indian Penal Code (IPC). Corporations should inform users of the potential consequences of breaking the restrictions outlined in Rule 3(1)(b) and should also urge users to notify any illegal activity to law enforcement.
Talks Concerning Deepfakes
For more than a month, Union Minister Rajeev Chandrasekhar had a significant talk with various platforms where they addressed the issue of "deepfakes," or computer-generated fake videos. The meeting emphasized how crucial it is that everyone abides by the laws and regulations in effect, particularly the IT Rules to prevent deepfakes from spreading.
Addressing the Danger of Disinformation
Minister Chandrasekhar underlined the grave issue of disinformation, particularly in the context of deepfakes, which are false pieces of content produced using the latest developments such as artificial intelligence. He emphasized the dangers this deceptive data posed to internet users' security and confidence. The Minister emphasized the efficiency of the IT regulations in addressing this issue and cited the Prime Minister's caution about the risks of deepfakes.
Rule Against Spreading False Information
The Minister referred particularly to Rule 3(1)(b)(v), which states unequivocally that it is forbidden to disseminate false information, even when doing so involves cutting-edge technology like deepfakes. He called on intermediaries—the businesses that offer digital platforms—to take prompt action to take such content down from their systems. Additionally, he ensured that everyone is aware that breaking such rules has legal implications.
Analysis
The Central Government's latest advisory on deepfake technology demonstrates a proactive strategy to deal with new issues. It also highlights the necessity of comprehensive legislation to directly regulate AI material, particularly with regard to user interests.
There is a wider regulatory vacuum for content produced by artificial intelligence, even though the current guideline concentrates on the precision and lucidity of information distribution. While some limitations are mentioned in the existing laws, there are no clear guidelines for controlling or differentiating AI-generated content.
Positively, it is laudable that the government has recognized the dangers posed by deepfakes and is making appropriate efforts to counter them. As AI technology develops, there is a chance to create thorough laws that not only solve problems but also create a supportive environment for the creation of ethical AI content. User protection, accountability, openness, and moral AI use would all benefit from such laws. This offers an opportunity for regulatory development to guarantee the successful and advantageous incorporation of AI into our digital environment.
Conclusion
The Central Government's preemptive advice on deepfake technology shows a great dedication to tackling new risks in the digital sphere. The advice highlights the urgent need to combat deepfakes, but it also highlights the necessity for extensive legislation on content produced by artificial intelligence. The lack of clear norms offers a chance for constructive regulatory development to protect the interests of users. The advancement of AI technology necessitates the adoption of rules that promote the creation of ethical AI content, guaranteeing user protection, accountability, and transparency. This is a turning point in the evolution of regulations, making it easier to responsibly incorporate AI into our changing digital landscape.
References
- https://economictimes.indiatimes.com/tech/technology/deepfake-menace-govt-issues-advisory-to-intermediaries-to-comply-with-existing-it-rules/articleshow/106297813.cms
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1990542#:~:text=Ministry%20of%20Electronics%20and%20Information,misinformation%20powered%20by%20AI%20%E2%80%93%20Deepfakes.
- https://www.timesnownews.com/india/centres-deepfake-warning-to-it-firms-ensure-users-dont-violate-content-rules-article-106298282#:~:text=The%20Union%20government%20on%20Tuesday,actors%2C%20businesspersons%20and%20other%20celebrities
Introduction
The .com boom led to a massive surge in the expansion of digitised and automated operations in all industries and organisations, which in turn beagle a wholesome transition to the digital age for all netizens, organisations and industries. All the big techs in today’s time were startups or not even in existence back when this boom began, but just in 3-4 decades, we see that a massive faction of the global population is dependent directly or indirectly on big techs for some or the other services. As the world of tech expands, so does the big tech, and hence, in the previous decades, we have seen some acquisitions by big tech companies. The biggest acquisition by tech was last seen in 2023 when the social media giant Facebook (Now META) acquired the famous messaging platform Whatsapp for $13 Billion, but now, almost after a decade, the world is ready to witness the biggest acquisition as Adobe confirms its plans to acquire Figma the leading web-first collaborative design platform.
Adobe - Figma Acquisition
The illustrator developer Adobe has been the pioneer in developing designing tools since 1982. The founder of the company made a switch from the paper company Xerox, and hence, the operations and products of the company have been oriented towards paper and design. But as the company is already a pioneer in developing designing and editing tools, the impact of AI cannot be underestimated. Hence, this acquisition comes at a critical juncture in impacting the AI-driven product market.
Adobe wants to use digital experiences to transform the world. Adobe provides the tools and platforms that power the digital economy today, and over the course of its existence, its innovations have positively impacted billions of people worldwide. Adobe continues to invent and modify categories, having revolutionised photography and creative expression with Photoshop, pioneered electronic documents with PDF, and created the digital marketing category with Adobe Experience Cloud.
The goals of Figma are to facilitate visual teamwork and provide accessibility to design for all. The company, which was founded in 2012 by Dylan Field and Evan Wallace, was a pioneer in online product design. Thanks to multi-player workflows, advanced design systems, and a large, expandable developer environment, it is now enabling collaboration for anybody designing interactive mobile and online applications. Millions of fresh designers and developers, as well as a devoted student base, have been drawn to Figma.
By working together, Adobe and Figma will transform how people create and work, spur innovation on the web, improve product design, and uplift communities of creators, designers, and developers throughout the world. The combined business will have the capacity to create major value for clients, investors, and the industry, in addition to a sizable and rapidly expanding market potential.
Key Features of Acquisition
The most expensive acquisition this century has caught the attention of a lot of companies and regulatory authorities across the world. The key features of the deal are as follows:
- Reimagining the Future of Creativity and Productivity: The designing giant Adobe and Figma coming together will unlock new potential for creativity and productivity as both of the companies create tools which are widely used; hence, they understand the customer’s requirements and expectations, thus making a path for creativity and productivity in term of new services and applications.
- Accelerating Creativity on the Web: Adobe's Creative Cloud technologies will be delivered online more quickly thanks to Figma's web-based, multi-player features, which will increase productivity and accessibility to the creative process for more people. The current difficulty facing creators is producing an ever-increasing amount of material while working closely with an ever-increasing number of stakeholders. With its widespread use, the web is now a tool that facilitates collaborative creation in teams.
- Advancing Product Design: All parties involved in the product design process, including designers, product managers, and developers, will gain from the integration of Adobe's robust imaging, photography, illustration, video, 3D, and font technologies into the Figma platform. Because digital applications are integral to both our personal and professional lives, the product design sector is experiencing rapid expansion.
- Inspiring and empowering the designer and developer community: The company's ongoing innovation has been fueled by the dynamic creative community at Adobe. With its vast and expanding ecosystem, Figma boasts a fervent community that creates and shares everything from templates to plug-ins to lessons. By uniting the communities of Figma and Adobe, designers and developers will be able to harness the potential of collaborative design in the future. By 2025, Figma's addressable market will reach a total of $16.5 billion. With best-in-class net dollar retention of more than 150 percent, the company is predicted to add around $200 million in net new ARR this year, topping $400 million in total ARR by the end of 2022. Figma has established a productive, rapidly expanding company with operating cash flows that are positive and gross margins of over 90%.
Conclusion
The acquisition of the decade is going to be under heavy scrutiny and checks under various laws in different countries and is expected to be given the green light soon, this merger and acquisition case study will act as a precedent for such high-value acquisitions. Nearly 10 years ago, we saw the last biggest acquisition, where Meta acquired WhatsApp for $13 Bn. As the world of tech moves forward, we will be witnessing more of such M&As in the future, but in such moments, we should be cautious about how our data is handled and transferred by the other company, always make sure you keep a check on your digital rights and responsibilities, because ultimately we are the consumers of the cyberspace.
References
- https://news.adobe.com/news/news-details/2022/Adobe-to-Acquire-Figma/default.aspx
- https://www.theregister.com/2023/10/26/regulator_delays_adobes_20bn_buy/
- https://www.reuters.com/markets/deals/adobes-deal-acquire-figma-under-threat-eu-regulators-ft-2023-06-20/'
