Cookies and Indian Law: Understanding Consent, Compliance & the DPDP Framework

Introduction

The Kumbh Mela is known worldwide as India's most significant pilgrimage and has earned a place on the UNESCO Intangible Cultural Heritage of Humanity list in 2017.  This year, the Maha Kumbh will be held in Prayagraj, Uttar Pradesh, with 40 crore devotees from all over the world expected to attend this momentous event from January 13th  to 26th February 2025. As the world embraces the blessings of digitalisation, people are increasingly relying on the Internet for arranging their travel, booking rooms, and securing accommodations for this grand spiritual journey. 

However, amidst this digital age, where the conveniences offered are manifold, there also lurks the shadow of deceit. Cybercriminals are finding innovative ways to entrap innocent individuals. Fraudulent activities are on the rise, with wrongdoers operating fake websites that promise secure bookings for cottages, tents, and other accommodations for the Mahakumbh event. Like the deceptive mirage that the desert traveller may mistakenly believe to be an oasis, these malicious sites lure pilgrims with the false hope of easy arrangements, only to exploit their trust and commit malicious cyber fraudulent activities. 

Policy and Preventive Measures Taken by Government

This year, the government has taken steps to utilise digitalisation services to enhance the experience of devotees, blending innovation with tradition. However, considering the rise in cyber scams, a dedicated cyber police station has also been established at Maha Kumbh 2025 to address threats such as the misuse of AI, the dark web, and social media platforms. This initiative aims to protect devotees from potential scams.

To strengthen safety measures, a special team of selected officers from across the state has been deployed in Mahakumbh Nagar, Prayagraj, to provide cybersecurity and ensure the safety of pilgrims. A dedicated cyber police station or digital police station will ensure round-the-clock monitoring of cyberspace.

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The cybersecurity team has already identified 44 suspicious websites and initiated action against them. To further safeguard devotees attending Maha Kumbh 2025, a large-scale awareness campaign is being conducted to educate users about potential cyber threats.

The Role of Digital Discipline in Navigating the Uncharted Waters of the Internet

As the Yajurveda (ancient Vedic scriptures of Hinduism) reminds us ‘सत्यं चानृतं च सत्यं अभवत्, यदेतत् तपसा तप्यताम्।’. This learning translates into English as "Truth and falsehood are both present, yet truth is purified through intense discipline”. The Mahakumbh is a confluence not just of rivers but of faith and humanity's eternal quest for truth (Satyam). In the digital age, this vigilance extends to protecting ourselves from cyber frauds and scams that exploit the sanctity of occasions like the Mahakumbh. Just as devotees seek purity through holy rituals, we must also embrace Digital Discipline to navigate the confluence of tradition and technology safely.

Here are some Digital Discipline best practices you must follow:

• Be cautious of fake websites, fraudulent travel agencies, and scam bookings. Always verify legitimacy before engaging in any  transactions.  
• Stay alert for fake donation requests and only contribute to verified organizations.
• Be aware of any mis/disinformation and implausible claims surrounding the Mahakumbh event and verify it from authenticated sources. The official website of Mahakumbh is https://kumbh.gov.in.
• To report any cybercrime or issue, you can report it on the National Cyber Crime Reporting Portal at https://cybercrime.gov.in/, equipped with a 24x7 helpline 1930 that serves as a powerful resource available to the victims of cybercrimes to report their cases.

Conclusion

Netizens worldwide must prioritise Digital Discipline to ensure they are safeguarded from the snares of these cyber miscreants, so that they may safely and joyfully embark on their journey to the Maha Kumbh and receive divine blessings and purity of purpose through the experience.

References

• https://www.deccanherald.com/india/uttar-pradesh/up-police-gets-on-its-toes-to-ensure-cyber-safe-maha-kumbh-3335911
• https://www.hindustantimes.com/cities/others/four-cyber-crooks-held-for-operating-fake-booking-websites-101735326388201.html
• https://www.indiatvnews.com/uttar-pradesh/maha-kumbh-2025-cyber-police-station-set-up-in-prayagraj-to-safeguard-devotees-from-online-frauds-in-city-preparation-security-other-details-2024-12-11-965745
• https://organiser.org/2024/12/12/268915/bharat/mahakumbh-2025-cyber-police-station-set-up-to-protect-devotees-from-ai-and-social-media-scammers/
• https://www.ptinews.com/story/national/maha-kumbh-56-cyber-warriors-deployed-to-safeguard-devotees-against-online-scams/2135062

Introduction 

The pervasive issue of misinformation in India is a multifaceted challenge with profound implications for democratic processes, public awareness, and social harmony. The Election Commission of India (ECI) has taken measures to counter misinformation during the 2024 elections. ECI has launched campaigns to educate people and urge them to verify election-related content and share responsibly on social media. In response to the proliferation of fake news and misinformation online, the ECI has introduced initiatives such as ‘Myth vs. Reality’ and  'VerifyBeforeYouAmplify' to clear the air around fake news being spread on social media. EC measures aim to ensure that the spread of misinformation is curbed, especially during election time, when voters consume a lot of information from social media. It is of the utmost importance that voters take in facts and reliable information and avoid any manipulative or fake information that can negatively impact the election process. 

EC Collaboration with Tech Platforms

In this new age of technology, the Internet and social media continue to witness a surge in the spread of misinformation, disinformation, synthetic media content, and deepfake videos. This has rightly raised serious concerns. The responsible use of social media is instrumental in maintaining the accuracy of information and curbing misinformation incidents. 

The ECI has collaborated with Google to empower the citizenry by making it easy to find critical voting information on Google Search and YouTube. In this way, Google supports the 2024 Indian General Election by providing high-quality information to voters, safeguarding platforms from abuse, and helping people navigate AI-generated content. The company connects voters to helpful information through product features that show data from trusted organisations across its portfolio. YouTube showcases election information panels, including how to register to vote, how to vote, and candidate information. YouTube's recommendation system prominently features content from authority sources on the homepage, in search results, and in the "Up Next" panel. YouTube highlights high-quality content from authoritative news sources during key moments through its Top News and Breaking News shelves, as well as the news watch page. 

Google has also implemented strict policies and restrictions regarding who can run election-related advertising campaigns on its platforms. They require all advertisers who wish to run election ads to undergo an identity verification process, provide a pre-certificate issued by the ECI or anyone authorised by the ECI for each election ad they want to run where necessary, and have in-ad disclosures that clearly show who paid for the ad. Additionally, they have long-standing ad policies that prohibit ads from promoting demonstrably false claims that could undermine trust or participation in elections.

CyberPeace Countering Misinformation

CyberPeace Foundation, a leading organisation in the field of cybersecurity works to promote digital peace for all. CyberPeace is working on the wider ecosystem to counter misinformation and develop a safer and more responsible Internet. CyberPeace has collaborated with Google.org to run a pan-India awareness-building program and comprehensive multilingual digital resource hub with content available in up to 15 Indian languages to empower over 40 million netizens in building resilience against misinformation and practising responsible online behaviour. This step is crucial in creating a strong foundation for a trustworthy  Internet and secure digital landscape.  

Myth vs Reality Register by ECI

The Election Commission of India (ECI) has launched the 'Myth vs Reality Register' to combat misinformation and ensure the integrity of the electoral process during the general elections 2024. The 'Myth vs Reality Register' can be accessed through the Election Commission's official website (https://mythvsreality.eci.gov.in/). All stakeholders are urged to verify and corroborate any dubious information they receive through any channel with the information provided in the register. The register provides a one-stop platform for credible and authenticated election-related information, with the factual matrix regularly updated to include the latest busted fakes and fresh FAQs. The ECI has identified misinformation as one of the challenges, along with money, muscle, and Model Code of Conduct violations, for electoral integrity. The platform can be used to verify information, prevent the spread of misinformation, debunk myths, and stay informed about key issues during the General Elections 2024.

The ECI has taken proactive steps to combat the challenge of misinformation which could cripple the democratic process. EC has issued directives urging vigilance and responsibility from all stakeholders, including political parties, to verify information before amplifying it. The EC has also urged responsible behaviour on social media platforms and discourse that inspires unity rather than division. The commission has stated that originators of false information will face severe consequences, and nodal officers across states will remove unlawful content. Parties are encouraged to engage in issue-based campaigning and refrain from disseminating unverified or misleading advertisements.

Conclusion

The steps taken by the ECI have been designed to empower citizens and help them affirm the accuracy and authenticity of content before amplifying it. All citizens must be well-educated about the entire election process in India. This includes information on how the electoral rolls are made, how candidates are monitored, a complete database of candidates and candidate backgrounds, party manifestos, etc. For informed decision-making, active reading and seeking information from authentic sources is imperative. The partnership between government agencies, tech platforms and civil societies helps develop strategies to counter the widespread misinformation and promote online safety in general, and electoral integrity in particular. 

References 

• https://pib.gov.in/PressReleasePage.aspx?PRID=2017375

• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2016941#:~:text=To%20combat%20the%20spread%20of,the%20ongoing%20General%20Elections%202024
• https://www.business-standard.com/elections/lok-sabha-election/ls-elections-2024-ec-uses-social-media-to-nudge-electors-to-vote-124040700429_1.html
• https://blog.google/intl/en-in/company-news/outreach-initiatives/supporting-the-2024-indian-general-election/
• https://blog.google/intl/en-in/partnering-indias-success-in-a-new-digital-paradigm/

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Pretext

On 20th October 2022, the Competition Commission of India (CCI) imposed a penalty of Rs. 1,337.76 crores on Google for abusing its dominant position in multiple markets in the Android Mobile device ecosystem, apart from issuing cease and desist orders. The CCI also directed Google to modify its conduct within a defined timeline.  Smart mobile devices need an operating system (OS) to run applications (apps) and programs. Android is one such mobile operating system that Google acquired in 2005. In the instant matter, the CCI examined various practices of Google w.r.t. licensing of this Android mobile operating system and various proprietary mobile applications of Google (e.g., Play Store, Google Search, Google Chrome, YouTube, etc.).

The Issue

Google was found to be misusing its dominant position in the tech market, and the same was the reason behind the penalty. Google argued about the competitive constraints being faced from Apple. In relation to understanding the extent of competition between Google’s Android ecosystem and Apple’s iOS ecosystem, the CCI noted the differences in the two business models, which affect the underlying incentives of business decisions. Apple’s business is primarily based on a vertically integrated smart device ecosystem that focuses on the sale of high-end smart devices with state-of-the-art software components. In contrast, Google’s business was found to be driven by the ultimate intent of increasing users on its platforms so that they interact with its revenue-earning service, i.e., online searches, which directly affects the sale of online advertising services by Google. It was seen that google had created a dominant position among the android phone manufacturers as they were made to have a set of google apps preinstalled in the device to increase the user’s dependency on google services. The CCI felt that Google had created a dominant position to which they replied that the same operations are done by Apple as well, to which the commission responded that apple is a phone and app manufacturer and they have Apple-owned apps in Apple devices only, but Google here in had made a pseudo mandate for android manufactures to have the google apps pre-installed which is, in turn, a possible way of disrupting the market equilibrium and violative of market practices. The CCI imposed a penalty of Rs. 1,337.76 for abusing its dominant position in multiple markets in India, CCI delineated the following five relevant markets in the present matter –

• The market for licensable OS for smart mobile devices in India
• The market for app store for Android smart mobile OS in India
• The market for general web search services in India
• The market for non-OS specific mobile web browsers in India
• The market for online video hosting platforms (OVHP) in India.

Supreme Courts Opinion

In October 2022, the Competition Commission of India (CCI) ruled that Google, owned by Alphabet Inc, exploited its dominant position in Android and told it to remove restrictions on device makers, including those related to the pre-installation of apps and ensuring exclusivity of its search. Google lost a challenge in the Supreme Court to block the directives, as the learned court refused to put a stay on the imposed penalty, further giving seven days to comply. The Supreme Court has said a lower tribunal—where Google first challenged the Android directives—can continue to hear the company’s appeal and must rule by March 31.

Counterpoint Research estimates that about 97% of 600 million smartphones in India run on Android. Apple has just a 3% share. Hoping to block the implementation of the CCI directives, Google challenged the CCI order in the Supreme Court by warning it could stall the growth of the Android ecosystem. It also said it would be forced to alter arrangements with more than 1,100 device manufacturers and thousands of app developers if the directives kick in. Google has been concerned about India’s decision as the steps are seen as more sweeping than those imposed in the European Commission’s 2018 ruling. There it was fined for putting in place what the Commission called unlawful restrictions on Android mobile device makers. Google is still challenging the record $4.3 billion fine in that case. In Europe, Google made changes later, including letting Android device users pick their default search engine, and said device makers would be able to license the Google mobile application suite separately from the Google Search App or the Chrome browser.

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Conclusion

As the world goes deeper into cyberspace, the big tech companies have more control over the industry and the markets, but the same should not turn into anarchy in the global markets. The Tech giants need to be made aware that compliance is the utmost duty for all companies, and enforcement of the law of the land will be maintained no matter what. Earlier India lacked policies and legislation to govern cyberspace, but in the recent proactive stance by the govt, a lot of new bills have been tabled, one of them being the Intermediary Rules 2021, which has laid down the obligations nand duties of the companies by setting up an intermediary in the country. Such bills coupled with such crucial judgments on tech giants will act as a test and barrier for other tech companies who try to flaunt the rules and avoid compliance.