#FactCheck - "Deep fake Falsely Claimed as a photo of Arvind Kejriwal welcoming Elon Musk when he visited India to discuss Delhi’s administrative policies.”

Introduction

Ministry of Electronics and Information Technology (MeitY) Announces to Centre Government to Plan to Certify Permissible Online Games.

In a recent update to the notification released by the Ministry of Electronics and Information Technology (MeitY) on April 6, MeitY has requested gaming entities to establish self-regulatory organisations (SROs) within a timeframe of 30 days or a maximum of 90 days from the date of the notification, which is April 6, 2023. The Ministry of Electronics and Information Technology (MeitY) has further announced that the central government will certify which online games are permissible until the SROs are officially established. The intention behind establishing SROs is to assist intermediaries, such as Apple or Google, in determining what constitutes a permitted online game, but the SRO will take 2-3 months to complete. In the meanwhile, the Central government will step in and determine what is a permissible online game.

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 & Intermediary Guidelines and Digital Media Ethics Code Amendment Rules, 2023

By enacting these rules, the Indian government has taken decisive action to protect Indian gamers and their financial resources against scams and fraud. The rules also serve to promote responsible gaming while preventing young and vulnerable users from being exposed to indecent or abusive content.

Amendment Rules developed the concept of a “Permissible online real money game.” This designation is reserved for games that have passed a review process conducted by a self-regulatory body (SRB).  Amendment rules indicate that Online Gaming Intermediaries must ensure that they do not permit any third party to host non-permissible online real money games on their platforms. This development is important because it empowers us to distinguish between legitimate and illicit real money games.

The Amendment Rules define an online gaming provider as an “intermediary” under the Information Technology Act of 2000, creating a separate classification called ‘Online Gaming Intermediary’.

Central government to certify what is an ‘Online Permissible Game’

The industry has been wondering what games come under wagering and will be banned. So, until the SROs are officially established, the government, in the interim, will certify what is a permissible game, what is wagering, and what is not wagering. Games that involve elements of wagering are going to be barred. The new regulations prohibit wagering on any outcome, whether in skill-based or chance-based games. Hence gaming applications involving wagering and betting apps will be barred.

Self-Regulatory Organizations (SROs)

According to the new regulations by the Ministry of Electronics and Information Technology (MeitY), online gaming intermediaries must establish a Self-Regulatory Body (SRO) to approve games offered to users over the Internet. The SRO must be registered with the Ministry and develop a framework to ensure compliance with the IT Rules 2021 objectives. An ‘online game’ can be registered by the SRO if it meets specific criteria, which include that the game is offered by an online gaming intermediary that is a member of the self-regulatory body, the game is not containing any content harmful to India’s interests, and complying with all relevant Indian regulations. If these requirements are met, the intermediary can display a visible registration mark indicating its registration with the self-regulatory authority.

Conclusion

MeitY found that with the rapid growth of the gaming industry, the real money gaming (RMG) sector had to be regulated properly. Rules framed must be properly implemented to stop gambling, betting, and wagering apps.

The IT Rules 2021, along with the Amendment Rules 2023, are created to take concrete action to curb the proliferation of gambling, betting, and wagering apps in India. These rules empower to issue of directives to ban specific apps that facilitate or promote such activities. The app ban directive allows the government to take decisive action by blocking access to these apps, making them unavailable for download or use within the country. This measure is aimed at curbing the negative impact of gambling, betting, and wagering on individuals and society, including issues related to addiction, financial loss, and illegal activities. Rules aim to actively combat the spread and influence of such apps and provide a safer online environment for gaming users.

The self-regulatory body in the context of online gaming will have the authority to grant membership to gaming intermediaries, register online games, develop a framework for regulation, interact with the Central Government, address user complaints, report instances of non-compliance, and take necessary actions to safeguard online gaming users.

Introduction 

The Data Protection Data Privacy Act 2023 is the most essential step towards protecting, prioritising, and promoting the users’ privacy and data protection. The Act is designed to prioritize user consent in data processing while assuring uninterrupted services like online shopping, intermediaries, etc. The Act specifies that once a user provides consent to the following intermediary platforms, the platforms can process the data until the user withdraws the rights of it. This policy assures that the user has the entire control over their data and is accountable for its usage.

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A keen Outlook 

The Following Act also provides highlights for user-specific purpose, which is limited to data processing. This step prevents the misuse of data and also ensures that the processed data is being for the purpose for which it was obtained at the initial stage from the user.

1. Data Fudiary and Processing of Online Shopping Platforms: The Act Emphasises More on Users’ Consent. Once provided, the Data Fudiary can constantly process the data until it is specifically withdrawn by the Data Principal.

• Detailed Analysis

• Consent as a Foundation: The Act places the user's consent as a backbone to the data processing. It sets clear boundaries for data processing. It can be Collecting, Processing, and Storing, and must comply with users’ consent before being used.
• Uninterrupted Data processing: With the given user consent, the intermediaries are not time-restrained. As long as the user does not obligate their consent, the process will be ongoing.

2. Consent and Order Fulfillment: Consent, once provided, encloses all the activities related to the specific purpose for which it was meant to the data it was given for subsequent actions such as order fulfilment. 

• Detailed Analysis

• Purpose-Limited Consent: The consent given is purpose-limited. The platform cannot misuse the obtained data for its personal use.
• Seamless User Experience: By ensuring that the user consent covers the full transactions, spared from the unwanted annoyance of repeated consent requests from the actual ongoing activities. 

3. Data Retention and Rub Out on Online Platforms: Platforms must ensure data minimisation post its utilisation period. This extends to any kind of third-party processors they might take on.

• Detailed Analysis

• Minimization and Security Assurance: By compulsory data removal on post ultization,This step helps to reduce the volume of data platforms hold, which leads to minimizing the risk to data.
• Third-Party Accountability, User Privacy Protection. 

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Influence from Global frameworks

The impactful changes based on global trends and similar legislation( European Union’s GDPR) here are some fruitful changes in intermediaries and social media platforms experienced after the implementation of the DPDP Act 2023.

1. Solidified Consent Mechanism: Platforms and intermediatries need to ensure the users’ consent is categorically given, and informed, and should be specific to which the data is obtained. This step may lead to user-friendly consent forms activities and prompts. 
2. Data Minimizations: Platforms that tend to need to collect the only data necessary for the specific purpose mentioned and not retain information beyond its utility.
3. Transparency and Accountability: Data collecting Platforms need to ensure transparency in data collecting, data processing, and sharing practices. This involves more detailed policy and regular audits.
4. Data Portability: Users have the right to request for a copy of their own data used in format, allowing them to switch platforms effectively.
5. Right to Obligation: Users can have the request right to deletion of their data, also referred to as the “Right to be forgotten”.
6. Prescribed Reporting: Under circumstances of data breaches, intermediary platforms are required to report the issues and instability to the regulatory authorities within a specific timeline.
7. Data Protection Authorities: Due to the increase in data breaches, Large platforms indeed appoint data protection officers, which are responsible for the right compliance with data protection guidelines.
8. Disciplined Policies: Non-compliance might lead to a huge amount of fines, making it indispensable to invest in data protection measures.
9. Third-Party Audits: Intermediaries have to undergo security audits by external auditors to ensure they are meeting the expeditions of the following compliances.
10. Third-Party Information Sharing Restrictions: Sharing personal information and users’ data with third parties (such as advertisers) come with more detailed and disciplined guideline and user consent.

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Conclusion 

The Data Protection Data Privacy Act 2023 prioritises user consent, ensuring uninterrupted services and purpose-limited data processing. It aims to prevent data misuse, emphasising seamless user experiences and data minimisation. Drawing inspiration from global frameworks like the EU's GDPR, it introduces solidified consent mechanisms, transparency, and accountability. Users gain rights such as data portability and data deletion requests. Non-compliance results in significant fines. This legislation sets a new standard for user privacy and data protection, empowering users and holding platforms accountable. In an evolving digital landscape, it plays a crucial role in ensuring data security and responsible data handling.

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References:

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
• https://www.mondaq.com/india/privacy-protection/1355068/data-protection-law-in-india-analysis-of-dpdp-act-2023-for-businesses--part-i
• https://www.hindustantimes.com/technology/explained-indias-new-digital-personal-data-protection-framework-101691912775654.html

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Executive Summary:

A viral post on social media shared with misleading captions about a National Highway being built with large bridges over a mountainside in Jammu and Kashmir. However, the investigation of the claim shows that the bridge is from  China. Thus the video is false and misleading.

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  Claim:

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A video circulating of National Highway 14 construction being built on the mountain side in Jammu and Kashmir.  

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Fact Check:

Upon receiving the image, Reverse Image Search was carried out, an image of an under-construction road,  falsely linked to Jammu and Kashmir has been proven inaccurate. After investigating we confirmed the road is from a different location that is G6911 Ankang-Laifeng Expressway in China, highlighting the need to verify information before sharing.

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Conclusion:

The viral claim mentioning under-construction Highway from Jammu and Kashmir is false. The post is actually from China and not J&K. Misinformation like this can mislead the public. Before sharing viral posts, take a brief moment to verify the facts. This highlights the importance of verifying information and relying on credible sources to combat the spread of false claims.

• Claim:  Under-Construction Road Falsely Linked to Jammu and Kashmir
• Claimed On: Instagram and X (Formerly Known As Twitter)
• Fact Check: False and Misleading 

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