#FactCheck - Edited Video of ‘India-India’ Chants at Republican National Convention

 Introduction

Children today are growing up amidst technology, and the internet has become an important part of their lives. The internet provides a wealth of recreational and educational options and learning environments to children, but it also presents extensively unseen difficulties, particularly in the context of deepfakes and misinformation. AI is capable of performing complex tasks in a fast time. However, misuse of AI technologies led to increasing cyber crimes. The growing nature of cyber threats can have a negative impact on children wellbeing and safety while using the Internet.  

 India's Digital Environment

India has one of the world's fastest-growing internet user bases, and young netizens here are getting online every passing day. The internet has now become an inseparable part of their everyday lives, be it social media or online courses. But the speed at which the digital world is evolving has raised many privacy and safety concerns increasing the chance of exposure to potentially dangerous content.

 Misinformation: The raising Concern

Today, the internet is filled with various types of misinformation, and youngsters are especially vulnerable to its adverse effects. With the diversity in the language and culture in India, the spread of misinformation can have a vast negative impact on society. In particular, misinformation in education has the power to divulge young brains and create hindrances in their cognitive development. 

To address this issue, it is important that parents, academia, government, industry and civil society start working together to promote digital literacy initiatives that educate children to critically analyse online material which can ease navigation in the digital realm.

DeepFakes: The Deceptive Mirage:

Deepfakes, or digitally altered videos and/or images made with the use of artificial intelligence, pose a huge internet threat. The possible ramifications of deepfake technology are concerning in India, since there is a high level of dependence on the media. Deepfakes can have far-reaching repercussions, from altering political narratives to disseminating misleading information.

Addressing the deepfake problem demands a multifaceted strategy. Media literacy programs should be integrated into the educational curriculum to assist youngsters in distinguishing between legitimate and distorted content. Furthermore, strict laws as well as technology developments are required to detect and limit the negative impact of deepfakes.

Safeguarding Children in Cyberspace

●   Parental Guidance and Open Communication: Open communication and parental guidance are essential for protecting children's internet safety. It's a necessity to have open discussions about the possible consequences and appropriate internet use. Understanding the platforms and material children are consuming online, parents should actively participate in their children's online activities.

●  Educational Initiatives: Comprehensive programs for digital literacy must be implemented in educational settings. Critical thinking abilities, internet etiquette, and knowledge of the risks associated with deepfakes and misinformation should all be included in these programs. Fostering a secure online environment requires giving young netizens the tools they need to question and examine digital content.

●   Policies and Rules: Admitting the threats or risks posed by misuse of advanced technologies such as AI and deepfake, the Indian government is on its way to coming up with dedicated legislation to tackle the issues arising from misuse of deepfake technology by the bad actors. The government has recently come up with an advisory to social media intermediaries to identify misinformation and deepfakes and to make sure of the compliance of Information Technology (IT) Rules 2021. It is the legal obligation of online platforms to prevent the spread of misinformation and exercise due diligence or reasonable efforts are made to identify misinformation and deepfakes. Legal frameworks need to be equipped to handle the challenges posed by AI. Accountability in AI is a complex issue that requires comprehensive legal reforms. In light of various cases reported about the misuse of deepfakes and spreading such deepfake content on social media, It is advocated that there is a need to adopt and enforce strong laws to address the challenges posed by misinformation and deepfakes. Working with technological companies to implement advanced content detection tools and ensuring that law enforcement takes swift action against those who misuse technology will act as a deterrent among cyber crooks. 

●    Digital parenting: It is important for parents to keep up with the latest trends and digital technologies. Digital parenting includes understanding privacy settings, monitoring online activity, and using parental control tools to create a safe online environment for children.

Conclusion

As India continues to move forward digitally, protecting children in cyberspace has become a shared responsibility. By promoting digital literacy, encouraging open communication and enforcing strong laws, we can create a safer online environment for younger generations. Knowledge, understanding, and active efforts to combat misinformation and deeply entrenched myths are the keys to unlocking the safety net in the online age. Social media Intermediaries or platforms must ensure compliance under IT Rules 2021, IT Act, 2000 and the newly enacted Digital Personal Data Protection Act, 2023. It is the shared responsibility of the government, parents & teachers, users and organisations to establish safe online space for children.   

References:

• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1975445
• https://www.safes.so/blogs/dangers-of-deepfake/

On 22nd October 2024, Jyotiraditya Scindia, Union Minister for Communications, launched the (DoT) Department of Telecoms’ International Incoming Spoofed Calls Prevention System. This was introduced in light of efforts toward preventing international fraudulent calls that enable cyber crimes. A recent report as per PIB claims for the system to have been effective and played a role in a 90% reduction in the number of spoofed international calls, its instances falling from 1.35 Crore to 6 Lakhs within two months of the launch of the system.

International spoof calls are calls that masquerade as numbers originating from within the country when displayed on the target's mobile screen. This is done by manipulating the calling line identity or the CLI, commonly known as the phone number. Previous cases reported mention that such spoof calls have been used for conducting financial scams, impersonating government officials to carry out digital arrests, and inducing panic. Instances of threats of disconnecting numbers by TRAI officials, and narcotics officials on finding drugs or even contraband through couriers are also rampant. 

International Incoming Spoofed Calls Prevention System 

As was addressed in the Budget in 2024, the system was previously called the Centralised International Out Roamer (CIOR), and the DoT was allocated Rs.38.76 crore for the same. The Digital Intelligence Unit (DIU) under the DoT is another project that aims to investigate and research fraudulent use of telecom resources, including messages, scams, and spam - the budget for which has been increased from 50 to 85 crores.

The International Incoming Spoofed Calls Prevention System was implemented in two phases, the first one was at the level of the telephone companies (telcos). Telcos can verify their subscribers and Indian SIMs based on the Indian Telecom Service Providers (TSPs) international long-distance (ILD) network. When a user with an Indian number travels abroad, the roaming feature gets activated, and all calls hit the ILD network of the TSP. This allows the TSP to verify whether the numbers starting with +91 are genuinely making calls from abroad or from India. However, a TSP can only verify numbers that are issued with their TSP ILD network and not those of other TSPs. This issue was addressed in the second phase, as the DIU of DoT and the TSPs built an integrated system so that a centralised database could be used to check for genuine subscribers. 

CyberPeace Outlook

A press release on 23rd December 2024 encouraged the TSPs to label incoming International calls as International calls on the mobile screen of the receiver. Some of them have already started adding labels and are sending awareness messages informing their subscribers of tips on staying safe from scams. Apart from these, there are also applications available online that help in identifying callers and their location, however, these are at the behest of the users' efforts and have moderate trust value. At the level of the public, the practice of blocking unknown international numbers and not calling back, along with awareness regarding country codes is encouraged. Coordinated and updated efforts on the part of the Government and the TSPs are much appreciated in today's time as scammers continue to find new ways to commit cyber crimes using telecommunication resources.

References

1. https://www.hindustantimes.com/india-news/jyotiraditya-scindia-launches-dot-system-to-block-spam-international-calls-101729615441509.html
2. https://www.business-standard.com/india-news/centre-launches-system-to-block-international-spoofed-calls-curb-fraud-124102300449_1.html
3. https://www.opindia.com/2024/12/number-of-spoofed-international-calls-used-in-cyber-crimes-goes-down-by-90-in-2-months/
4. https://www.cnbctv18.com/technology/telecom/telecom-department-anti-spoofed-international-calls-19529459.htm
5. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2067113
6. https://pib.gov.in/PressReleasePage.aspx?PRID=2087644
7. https://www.hindustantimes.com/india-news/display-international-call-for-calls-from-abroad-to-curb-scams-dot-to-telecos-101735050551449.html 

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Introduction

In 2019 India got its bill on Data protection in the form of the Personal Data Protection Bill 2019. This bill focused on digital rights and duties pertaining to data privacy. However, the bill was scrapped by the Govt in mid-2022, and a new bill was drafted, Successor bill was introduced as the Digital Personal Data Protection Bill, 2022 on 18th November 2022, which was made open for public comments and consultations and now the bill is expected to be tabled at the parliament in the Monsoon session.

What is DPDP, 2022?

Digital Personal Data Protection Bill, is the lasted draft regulation for data privacy in India. The bill has been essentially focused towards data protection by companies and the keep aspect of Puttaswamy judgement of data privacy as a fundamental right has been upheld under the scope of the bill. The bill comes after nearly 150 recommendations which the parliamentary committee made when the PDP, 2019 was scrapped.

The bill highlights the following keen aspects-

• Data Fiduciary- The entity (an individual, company, firm, state, etc.) which decides the purpose and means of processing an individual’s personal data.
• Data Principle- The individual to whom personal data is related.
• Processing- The entire cycle of operations that can be carried out concerning personal data.
• Gender Neutrality- For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender.
• Right to Erase Data- Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
• Cross-border data transfer- The bill allows cross-border data after an assessment of relevant factors by the Central Government.
• Children’s Rights- The bill guarantees the right to digital privacy under the protection of parents/guardians.
• Heavy Penalties- The bill enforces heavy penalties for non-compliance with the provisions, not exceeding Rs 500 crore.

Data Protection Board

The bill lays down provisions for setting up a Data Protection Board. This board will be an independent body acting solely on the factors of data privacy and protection of the data principles and maintaining compliance by data fiduciaries. The board will be headed by a chairperson of essential and relevant qualifications, and members and various other officials shall assist him/her under the board. The board will serve grievance redressal to the data principles and can conduct investigation, inquiry, proceeding, and pass orders equivalent to a Civil court. The proceeding will be undertaken on the principle of natural justice, and the aggrieved can file an appeal to the High Court of appropriate jurisdiction.

Global Comparison

Many countries have data protection laws that regulate the processing of personal data. Some of the notable examples include:

• European Union: The EU’s General Data Protection Regulation (GDPR) is one of the world’s most comprehensive data protection laws. It regulates public and private entities’ processing of personal data and gives individuals a wide range of rights over their personal data.
• United States: The US has several data protection laws that apply to specific sectors or types of data, such as health data (HIPAA) or financial data (Gramm-Leach-Bliley Act). However, there is no comprehensive federal data protection law in the US.
• Japan: Japan’s Personal Information Protection Act (PIPA) regulates the handling of personal data by private entities and gives individuals certain rights over their personal data.
• Australia: Australia’s Privacy Act 1988 regulates the handling of personal data by public and private entities and gives individuals certain rights over their personal data.
• Brazil: Brazil’s General Data Protection Law (LGPD) regulates the processing of personal data by public and private entities and gives individuals certain rights over their personal data. It also imposes heavy fines and penalties on entities that violate the provisions of the law.

Overall, while there are some similarities in data protection laws across countries, there are also significant differences in scope, applicability, and enforcement. It is important for organisations to understand the data protection laws that apply to their operations and take appropriate steps to comply with these laws.

Parliamentary Asscent

The case of violation of the privacy policy by WhatsApp at the Hon’ble Supreme Court resulted in a significant advocacy for Data privacy as a fundamental right, and it was held that, as suggested otherwise in the privacy policy, Whatsapp was sharing its user’s data with Meta. This massive breach of trust could have led to data mismanagement affecting thousands of Indian users. The Hon’ble Supreme Court has taken due consideration of data privacy and its challenges in India and asked the Govt to table the bill in Parliament. The bill will be tabled for discussion in the monsoon session. The Supreme Court has set up a constitutional bench to check the bill’s scope, extent and applications and provide its judicial oversight.  The constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar has fixed the matter for hearing in August in order to enforce the potential changes and amendments in the act post the parliamentary discussion.

Conclusion

India is the world’s largest democracy, so the crucial aspects of passing laws and amendments have always been followed by the government and kept under check by the judiciary. The discussion over bills is a crucial part of the democratic process, and bills as important as Digital Personal Data Protection need to be discussed and analysed thoroughly in both houses of Parliament to ensure the govt passes a sustainable and efficient law.