Online Gaming Regulations 2022 : Unlocking a New Level

The concept of web accessibility (i.e., access to the internet) stems from the recognition of internet access as an inalienable right. In 2016, the United Nations Human Rights Commission (UNHRC) General Assembly referred to the access to Internet as an essential human right. The Supreme Court of India also declared such internet access as a fundamental right under the Constitution of India. Various international instruments of which India is a signatory, such as the United Nations Convention on Rights of Persons with Disabilities (UNCRPD) mandate access to information. The heavy reliance on the internet and websites necessitates making the web space inclusive, navigational and accessible to all individuals, including persons with disabilities.

Various laws mandate web accessibility:

• Right of Persons with Disability Act, 2016: The Right of Persons with Disability Act 2016 Is the primary document for the protection of the rights of persons with disabilities to ensure their full participation. The Act provides several direct and indirect provisions (such as Section 2(y) “Reasonable Accommodation”, Section 40 on “Accessibility”, and Section 42 on “Access to Information and Communication Technology”) to ensure that technology products and services are accessible to a person with disabilities. 
• Rights of Persons with Disabilities Rules 2017: The 2017 rules under Rule 15 (2) task the respective Ministries and Departments to ensure compliance with accessibility standards.
• Guidelines for Indian Government Websites (GIGW): The GIGW provide a framework for websites to be designed in accordance with Web Content Accessibility Guidelines (WCAG) 2.0 standards. The GIGW enables websites to obtain certification by the Standardisation Testing and Quality Certification Directorate, after audit. 

Various other policies include;

• National Policy on Universal Electronic Accessibility, 2013: The National Policy ("Policy") on Electronic Accessibility recognizes the need to eliminate discrimination on the basis of disabilities and to facilitate equal access to Electronics & ICTs. The National Policy also recognizes the diversity of differently-abled persons and provides for their specific needs. The Policy covers accessibility requirements in the area of Electronics & ICT by different stakeholders. It recognizes the need to ensure that accessibility standards, guidelines and universal design concepts are adopted and adhered to.
• Web Content Accessibility Guidelines (WCAG): The WCAG defines how to make web content more accessible to persons with disabilities. While adhering to these guidelines is optional, various versions of the WCAG have been issued. It operates on four principles; perceivable, operable, understandable and robust. It provides a path to ensuring compliance and demonstrating reasonable accommodation for persons with disabilities.

However, despite the laws, web accessibility remains a challenge. A vast majority of Indian websites, especially e-commerce entities and several government websites remain inaccessible to persons with disabilities and most often do not conform with international accessibility standards. A report by the Centre of Internet and Society states that out of the 7800 websites of the Government of India, 5815 had accessibility barriers and 1985 websites failed to open. The report also notes that more than half of the websites had no navigation markup and only 52 websites had the option to change colours. The Ministry of Electronics and Information Technology (MeITy), during the 258^th Session of the Rajya Sabha on 9 December 2022 noted that 95 websites of the Central Government have been made accessible to persons with disabilities during the COVID-19 pandemic, however, only 45 websites of the Central Government have been certified as compliant under the Guidelines for Indian Government Websites (GIGW). As of that date, certification of the remaining governmental websites remains incomplete due to the pandemic. Meity also stated that the Department of Empowerment of Persons with Disabilities in 2017 sanctioned a project to be implemented by ERNET India for making 917 websites of State and Union territories. Under the project, a total of 647 websites have been made accessible as of that date.

Conclusion 

While India has established a robust legal framework and policies emphasizing the importance of web accessibility as a fundamental right, the existing gap between legislation and effective implementation poses a significant challenge. The reported accessibility barriers on numerous government and e-commerce websites indicate a pressing need for heightened efforts in enforcing and enhancing accessibility standards. 

In addressing these challenges, continued collaboration between government agencies, private entities and advocacy groups can play a crucial role. Ongoing monitoring, regular audits and public awareness campaigns may contribute to improving accessibility for persons with disabilities to ensure an inclusive environment and compliance with fundamental laws.

References:

1. https://www.legalserviceindia.com/legal/article-2967-right-to-internet-and-fundamental-rights.html 
2. https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf 
3. https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf 
4. https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf 
5. https://www.w3.org/TR/WCAG21/#:~:text=Web%20Content%20Accessibility%20Guidelines%20(WCAG)%202.1%20defines%20how%20to%20make,%2C%20learning%2C%20and%20neurological%20disabilities. 
6. https://www.boia.org/blog/india-digital-accessibility-laws-an-overview
7. https://cis-india.org/accessibility/accessibility-of-govt-websites.pdf/view 
8. https://sansad.in/rs/questions/questions-and-answers  

Pretext

The Army Welfare Education Society has informed the Parents and students that a Scam is targeting the Army schools Students. The Scamster approaches the students by faking the voice of a female and a male. The scamster asks for the personal information and photos of the students by telling them they are taking details for the event, which is being organised by the Army welfare education society for the celebration of independence day. The Army welfare education society intimated that Parents to beware of these calls from scammers.

The students of  Army Schools of Jammu & Kashmir, Noida, are getting calls from the scamster. The students were asked to share sensitive information. Students across the country are getting calls and WhatsApp messages from two numbers, which end with 1715 and 2167.  The Scamster are posing to be teachers and asking for the students’ names on the pretext of adding them to the WhatsApp Groups. The scamster then sends forms links to the WhatsApp groups and asking students to fill out the form to seek more sensitive information.

Do’s

• Do Make sure to verify the caller.
• Do block the caller while finding it suspicious.
• Do be careful while sharing personal Information.
• Do inform the School Authorities while receiving these types of calls and messages posing to be teachers.
• Do Check the legitimacy of any agency and organisation while telling the details
• Do Record Calls asking for personal information.
• Do inform parents about scam calling.
• Do cross-check the caller and ask for crucial information.
• Do make others aware of the scam.

Don’ts

• Don’t answer anonymous calls or unknown calls from anyone.
• Don’t share personal information with anyone.
• Don’t Share OTP with anyone.
• Don’t open suspicious links.
• Don’t fill any forms, asking for personal information
• Don’t confirm your identity until you know the caller.
• Don’t Reply to messages asking for financial information.
• Don’t go to a fake website by following a prompt call.
• Don’t share bank Details and passwords.
• Don’t Make payment over a prompt fake call.

Introduction

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. The Indian Ministry of Home Affairs approved a scheme for the establishment of the Indian Cyber Crime Coordination Centre (I4C) in October2018, which was inaugurated by Home Minister Amit Shah in January 2020. I4C is envisaged to act as the nodal point to curb Cybercrime in the country. Recently, on 13th March2024, the Centre designated the Indian Cyber Crime Coordination Centre (I4C) as an agency of the Ministry of Home Affairs (MHA) to perform the functions under the Information Technology Act, 2000, to inform about unlawful cyber activities.

The gazetted notification dated 13th March 2024 read as follows:

“In exercise of the powers conferred by clause (b) of sub-section (3) of section 79 of the Information Technology Act 2000, Central Government being the appropriate government hereby designate the Indian Cybercrime Coordination Centre (I4C), to be the agency of the Ministry of Home Affairs to perform the functions under clause (b) of sub-section (3) of section79 of Information Technology Act, 2000 and to notify the instances of information, data or communication link residing in or connected to a computer resource controlled by the intermediary being used to commit the unlawful act.”

Impact

Now, the Indian Cyber Crime Coordination Centre (I4C) is empowered to issue direct takedown orders under 79(b)(3) of the IT Act, 2000. Any information, data or communication link residing in or connected to a computer resource controlled by any intermediary being used to commit unlawful acts can be notified by the I4C to the intermediary. If an intermediary fails to expeditiously remove or disable access to a material after being notified, it will no longer be eligible for protection under Section 79 of the IT Act, 2000.

Safe Harbour Provision

Section79 of the IT Act also serves as a safe harbour provision for the Intermediaries. The safe harbour provision under Section 79 of the IT Act states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used to commit something unlawful. Furthermore, Intermediaries are also obliged to perform due diligence on their platforms and comply with the rules & regulations and maintain and promote a safe digital environment on the respective platforms.

Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, The government has also mandated that a ‘significant social media intermediary’ must appoint a Chief Compliance Officer (CCO), Resident Grievance Officer (RGO), and Nodal Contact Person and publish periodic compliance report every month mentioning the details of complaints received and action taken thereon.

I4C's Role in Safeguarding Cyberspace

The Indian Cyber Crime Coordination Centre (I4C) is actively working towards initiatives to combat the emerging threats in cyberspace. I4C is one of the crucial extensions of the Ministry of Home Affairs, Government of India, working extensively to combat cyber crimes and ensure the overall safety of netizens. The ‘National Cyber Crime Reporting Portal’ equipped with a 24x7 helpline number 1930,  is one of the key component of the I4C.

Components Of The I4C

1. National Cyber Crime Threat Analytics Unit
2. National Cyber Crime Reporting Portal
3. National Cyber Crime Training Centre
4. Cyber Crime Ecosystem Management Unit
5. National Cyber Crime Research and Innovation Centre
6. National Cyber Crime Forensic Laboratory Ecosystem
7. Platform for Joint Cyber Crime Investigation Team.

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Conclusion

I4C, through its initiatives and collaborative efforts, plays a pivotal role in safeguarding cyberspace and ensuring the safety of netizens. I4C reinforces India's commitment to combatting cybercrime and promoting a secure digital environment. The recent development by designating the I4C as an agency to notify the instances of unlawful activities in cyberspace serves as a significant step to counter cybercrime and promote an ethical and safe digital environment for netizens.

References

• https://www.deccanherald.com/india/centre-designates-i4c-as-agency-of-mha-to-notify-unlawful-activities-in-cyber-world-2936976
• https://www.business-standard.com/india-news/home-ministry-authorises-i4c-to-issue-takedown-notices-under-it-act-124031500844_1.html
• https://www.hindustantimes.com/india-news/it-ministry-empowers-i4c-to-notify-instances-of-cybercrime-101710443217873.html
• https://i4c.mha.gov.in/about.aspx#:~:text=Objectives%20of%20I4C,identifying%20Cybercrime%20trends%20and%20patterns

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