Digital India Bill- Turning to Reality
Introduction
Mr Rajeev Chanderashekhar, MoS, Ministry of Electronics and Information Technology, on 09 March 2023, held a stakeholder consultation on the Digital India Bill. This bill will be the successor to the Information technology Act 2000 and provide a set of regulations and laws which will govern cyberspace in times to come. The consultation was held in Bangalore and was the first of many such consultations where the Digital India bill is to be discussed. These public stakeholder consultations will provide direct public feedback to the ministry, and this will help create a safe and secure ecosystem of Indian Cyber Laws.
What is the Digital India Act?
Cyberspace has evolved the fastest as compared to any other industry, and the evolution of the growth cannot be presumed to be stagnant or stuck as we see new technologies and gadgets being invented all across the globe. The ease created by using technology has changed how we live and function. However, bad actors often use these advantages or fruits of technology to wreak havoc upon the nation’s cyberspace. The use of technology is always governed by the application of usage and safeguard policies and laws. As technology is growing exponentially, it is pertinent that we have laws which are in congruence with today’s time and technology. This is keenly addressed by the Digital India Act, which will be the legislation governing Indian Cyberspace in times to come. This was the need of the hour in order to have the judiciary, legislature and law enforcement agencies ahead of the curve when it comes to cyber crimes and laws.
What is the Digital India Bill’s primary goal?
The Digital India Bill’s goal is to guarantee an institutional structure for accountability and that the internet in India is accessible, unhindered by user harm or criminal activity. The law will apply to new technologies, algorithmic social media platforms, artificial intelligence, user risks, the diversity of the internet, and the regulation of intermediaries. The diversity of the internet, user hazards, artificial intelligence, social media platforms, and intermediary regulation are all discussed.
Why is the Digital India Bill necessary?
The number of internet users in the country currently exceeds 760 million; in the upcoming years, this number will reach 1.2 billion. Despite the fact that the internet is useful and promotes connectivity, there are a number of user damages nearby. Thus, it is crucial to enact legislation to set forth new guidelines for individuals’ rights and responsibilities and mention the requirement to gather data.
Major Elements of the Digital India Act
Major Elements of the Digital India Bill, which will eventually become an Act, which will contribute massively towards a safe cyber-ecosystem, some of these elements aim towards the following-
- The legislation attempts to establish an internet regulator.
- Women and Child safety.
- Safe harbour for intermediaries.
- The right of the individual to secure his information and the requirement to utilise personal data for legal purposes provide the main obstacles to data protection or regulation. The law tries to deal with this difficulty.
- A limit will be placed on how far a person’s personal information can be accessed for legal reasons.
- The majority of the bill’s characteristics are contrasted with the EU’s General Data Protection Regulation.
The Way Ahead
As we ride the wave of developments in cyberspace regarding emerging technologies and automated gadgets, it becomes pertinent that the state takes due note of such technologies and the courts take cognisance of offences committed by using technology. Law enforcement agencies must also train police personnel who can effectively and efficiently investigate cybercrime cases. The ministry also released a few bills last year, such as – the Telecommunication Bill, 2022, Intermediary Rules and the Digital Personal Data Protection Bill, 2022, to better address the shortcomings and the issues in cyberspace and how to safeguard the netizens. The Digital India Act will essentially create a synergy between the current bills and the new ones to come in order to create a wholesome, safe and secure Indian cyber ecosystem.
Conclusion
Digital India Bill is necessary to address the challenges of cyberspace, like personal data and privacy, and policies related to online child and women safety to create a and create a modern and comprehensive legal framework that aligns with global standards of cyber laws. The draft of the bill is expected to come out by July. The ministry looks forward to maximising the impact of the bill through such continuous and effective public consultation to understand and fulfil the expectations and requirements of the Indian netizen, thus empowering him/her equivalent to the netizen of a developed country.
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Introduction
India's broadcasting sector has undergone significant changes in recent years with technological advancements such as the introduction of new platforms like Direct-to-Home (DTH), Internet Protocol television (IPTV), Over-The-Top (OTT), and integrated models. Platform changes, emerging technologies and advancements in the advertising space have all necessitated the need for new governing laws that take these developments into account.
The Union Government and concerned ministry have realised there is a pressing need to develop a robust regulatory framework for the Indian broadcasting sector in the country and consequently, a draft Broadcasting Services (Regulation) Bill, 2023, was released in November 2023 and the Union Ministry of Information and Broadcasting (MIB) had invited feedback and comments from different stakeholders. The draft Bill aims to establish a unified framework for regulating broadcasting services in the country, replacing the current Cable Television Networks (Regulation) Act, 1995 and other policy guidelines governing broadcasting.
Recently a new draft of an updated ‘Broadcasting Services (Regulation) Bill, 2024,’ was shared with selected broadcasters, associations, streaming services, and tech firms, each marked with their identifier to prevent leaks.
Key Highlights of the Updated Broadcasting Bill
As per the recent draft of the Broadcasting Services (Regulation) Bill, 2024, social media accounts could be identified as ‘Digital News Broadcasters’ and can be classified within the ambit of the regulation. Some of the major aspects of the new bill were first reported by Hindustan Times.
The new draft of the Broadcasting Services (Regulation) Bill, 2024, proposes that individuals who regularly upload videos to social media, make podcasts, or write about current affairs online could be classified as Digital News Broadcasters. This entails that YouTubers and Instagrammers who receive a share of advertising revenue or monetize their social media presence through affiliate activities will be regulated as Digital News Broadcasters. This includes channels, podcasts, and blogs that cover news and utilise Google AdSense. They must comply with a Programme Code and Advertising Code.
Online content creators who do not provide news or current affairs but provide programming and curated programs beyond a certain threshold will be treated as OTT broadcasters in case they provide content licensed or live through a website or social media platform.
The new version also introduces new obligations for intermediaries and social media intermediaries related to streaming services and digital news broadcasters, and, in contrast to the last version circulated in 2023, the latest also carries provisions targeting online advertising. In the context of streaming services, OTT broadcasting services are no longer a part of the definition of "internet broadcasting services." The definition of OTT broadcasting service has also been revised, allowing content creators who regularly upload their content to social media to be considered as OTT broadcasting services.
The new definition of an 'intermediary' includes social media intermediaries, advertisement intermediaries, internet service providers, online search engines, and online marketplaces.
The new Bill allows the government to prescribe different due diligence guidelines for social media platforms and online advertisement intermediaries and requires all intermediaries to provide appropriate information, including information pertaining to the OTT broadcasters and Digital News Broadcasters on their platform, to the central government to ensure compliance with the act. This entails the liability provisions for social media intermediaries which do not provide information “pertaining to OTT Broadcasters and Digital News Broadcasters” on its platforms for compliance. This suggests that when information is sought about a YouTube, Instagram or X/Twitter user, the platform will need to provide this information to the Indian government.
A new draft bill contains specific provisions governing ‘Online Advertising’ and to do so it creates the category of 'advertising intermediaries'. These intermediaries enable the buying or selling of advertisement space on the internet or placing advertisements on online platforms without endorsing the advertisement.
Final Words
The Indian Ministry of Information and Broadcasting (MIB) is making efforts to propose robust regulatory changes to the country's new-age broadcast sector, which would cover the specific provisions for Digital News Broadcasters, OTT Broadcasters and Intermediaries. The proposed bill defining the scope and obligation of each.
However, these changes will have significant implications for press and creative freedom. The changes in the new version of the updated bill from its previous draft expanded the applicability of the bill to a larger number of key actors, this move brought ‘content creators’ under the definition of OTT or digital news broadcasters, which raises concerns about overly rigid provisions and might face criticism from media representative perspectives.
According to recent media reports, the Broadcasting Services (Regulation) Bill, 2024 version has been withdrawn by the I&B ministry facing criticism from relevant stakeholders.
The ministry must take due consideration and feedback from concerned stakeholders and place reliance on balancing individual rights while promoting a healthy regulated landscape considering the needs of the new-age broadcasting sector.
References:
- https://www.medianama.com/2024/07/223-india-broadcast-bill-online-creators/#:~:text=Online%20content%20creators%20that%20do,or%20a%20social%20media%20platform.
- https://www.hindustantimes.com/india-news/new-draft-of-broadcasting-bill-news-influencers-may-be-classified-as-broadcasters-101721961764666.html
- https://www.hindustantimes.com/india-news/broadcasting-bill-still-in-drafting-stage-mib-tells-rs-101722058753083.html
- https://www.newslaundry.com/2024/07/29/indias-new-broadcast-bill-now-has-compliance-requirements-for-youtubers-and-instagrammers
- https://m.thewire.in/article/media/social-media-videos-text-digital-news-broadcasting-bill
- https://mib.gov.in/sites/default/files/Public%20Notice_07.12.2023.pdf
- https://news.abplive.com/news/india/centre-withdraws-draft-of-broadcasting-services-regulation-bill-1709770
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/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/
Introduction
In the labyrinthine corridors of the digital age, where information zips across the globe with the ferocity of a tempest, the truth often finds itself ensnared in a web of deception. It is within this intricate tapestry of reality and falsehood that we find ourselves examining two distinct yet equally compelling cases of misinformation, each a testament to the pervasive challenges that beset our interconnected world.
Case 1: The Deceptive Video: Originating in Malaysia, Misattributed to Indian Railway Development
A misleading video claiming to showcase Indian railway construction has been debunked as footage from Malaysia's East Coast Rail Link (ECRL). Fact-checking efforts by India TV traced the video's origin to Malaysia, revealing deceptive captions in Tamil and Hindi. The video was initially posted on Twitter on January 9, 2024, announcing the commencement of track-laying for Malaysia's East Coast Railway. Further investigation reveals the ECRL as a joint venture between Malaysia and China, involving the laying of tracks along the east coast, challenging assertions of Indian railway development. The ECRL's track-laying initiative, initiated in December 2023, is part of China's Belt and Road initiative, covering 665 kilometers across states like Kelantan, Terengganu, Pahang, and Selangor, with a completion target set for 2025.
The video in question, a digital chameleon, had its origins not in the bustling landscapes of India but within the verdant bounds of Malaysia. Specifically, it was a scene captured from the East Coast Rail Link (ECRL) project, a monumental joint venture between Malaysia and China, unfurling across 665 kilometers of Malaysian terrain. This ambitious endeavor, part of the grand Belt and Road initiative, is a testament to the collaborative spirit that defines our era, with tracks stretching from Kelantan to Selangor, and a completion horizon set for the year 2025.
The unveiling of this grand project was graced by none other than Malaysia’s King Sultan Abdullah Sultan Ahmad Shah, in Pahang, underscoring the strategic alliance with China and the infrastructural significance of the ECRL. Yet, despite the clarity of its origins, the video found itself cloaked in a narrative of Indian development, a falsehood that spread like wildfire across the digital savannah.
Through the meticulous application of keyframe analysis and reverse image searches, the truth was laid bare. Reports from reputable sources such as the Associated Press and the Global Times, featuring the very same machinery, corroborated the video's true lineage. This revelation not only highlighted the ECRL's geopolitical import but also served as a clarion call for the critical role of fact-checking in an era where misinformation proliferates with reckless abandon.
Case 2: Kerala's Incident: Investigating Fake Narratives
Kerala Chief Minister Pinarayi Vijayan has registered 53 cases related to spreading fake narratives on social media to incite communal sentiments following the blasts at a Christian religious gathering in October 2023. Vijayan said cases have been registered against online news portals, editors, and Malayalam television channels. The state police chief has issued directions to monitor social media to stop fake news spread and take appropriate actions.
In a different corner of the world, the serene backdrop of Kerala was shattered by an event that would ripple through the fabric of its society. The Kalamassery blast, a tragic occurrence at a Christian religious gathering, claimed the lives of eight individuals and left over fifty wounded. In the wake of this calamity, a man named Dominic Martin surrendered, claiming responsibility for the heinous act.
Yet, as the investigation unfolded, a different kind of violence emerged—one that was waged not with explosives but with words. A barrage of fake narratives began to circulate through social media, igniting communal tensions and distorting the narrative of the incident. The Kerala Chief Minister, Pinarayi Vijayan, informed the Assembly that 53 cases had been registered across the state, targeting individuals and entities that had fanned the flames of discord through their digital utterances.
The Kerala police, vigilant guardians of truth, embarked on a digital crusade to quell the spread of these communally instigative messages. With a particular concentration of cases in Malappuram district, the authorities worked tirelessly to dismantle the network of fake profiles that propagated religious hatred. Social media platforms were directed to assist in this endeavor, revealing the IP addresses of the culprits and enabling the cyber cell divisions to take decisive action.
In the aftermath of the blasts, the Chief Minister and the state police chief ordered special instructions to monitor social media platforms for content that could spark communal uproar. Cyber patrolling became the order of the day, as a 20-member probe team was constituted to deeply investigate the incident.
Conclusion
These two cases, disparate in their nature and geography, converge on a singular point: the fragility of truth in the digital age. They highlight the imperative for vigilance and the pursuit of accuracy in a world where misinformation can spread like wildfire. As we navigate this intricate cyberscape, it is imperative to be mindful of the power of fact-checking and the importance of media literacy, for they are the light that guides us through the fog of falsehoods to the shores of veracity.
These narratives are not merely stories of deception thwarted; they are a call to action, a reminder of our collective responsibility to safeguard the integrity of our shared reality. Let us, therefore, remain steadfast in our quest for the truth, for it is only through such diligence that we can hope to preserve the sanctity of our discourse and the cohesion of our societies.
References:
- https://www.indiatvnews.com/fact-check/fact-check-misleading-video-claims-malaysian-rail-project-indian-truth-ecrl-india-railway-development-pm-modi-2024-01-29-914282
- https://sahilonline.org/kalamasserry-blast-53-cases-registered-across-kerala-for-spreading-fake-news
