#FactCheck - Viral Video of US President Biden Dozing Off during Television Interview is Digitally Manipulated and Inauthentic

Introduction

The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.     

The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.

Defining the certain Clauses of the bill

Clause 1 (dd) - The Programme 

In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.

Clause 2(v) - The news and current affairs 

Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.

Clause 2(y) Over the Top Broadcasting Services 

Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.

Clause 4(4) - Requirements for Broadcasters and Network Operators 

The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.

Clause 27 - Advisory Council

The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.

A Way Forward 

It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.

The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.

References 

• https://scroll.in/article/1059881/why-indias-new-draft-broadcast-bill-has-raised-fears-of-censorship-and-press-suppression#:~:text=The%20bill%20extends%20the%20regulatory,regulation%20through%20content%20evaluation%20committees.
• https://pib.gov.in/PressReleasePage.aspx?PRID=1976200
• https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html

Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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Introduction

In the intricate maze of our interconnected world, an unseen adversary conducts its operations with a stealth almost poetic in its sinister intent. This adversary — malware — has extended its tendrils into the digital sanctuaries of Mac users, long perceived as immune to such invasive threats. Our narrative today does not deal with the physical and tangible frontlines we are accustomed to; this is a modern tale of espionage, nestled in the zeros and ones of cyberspace.

The Mac platform, cradled within the fortifications of Apple's walled garden ecosystem, has stood as a beacon of resilience amidst the relentless onslaught of cyber threats. However, this sense of imperviousness has been shaken at its core, heralding a paradigm shift. A new threat lies in wait, bridging the gap between perceived security and uncomfortable vulnerability.

The seemingly invincible Mac OS X, long heralded for its robust security features and impervious resilience to virus attacks, faces an undercurrent of siege tactics from hackers driven by a relentless pursuit for control. This narrative is not about the front-and-centre warfare we see so often reported in media headlines. Instead, it veils itself within the actions of users as benign as the download of pirated software from the murky depths of warez websites.  

The Incident 

The casual act, born out of innocence or economic necessity, to sidestep the financial requisites of licensed software, has become the unwitting point of compromised security. Users find themselves on the battlefield, one that overshadows the significance of its physical counterpart with its capacity for surreptitious harm. The Mac's seeming invulnerability is its Achilles' heel, as the wariness against potential threats has been eroded by the myth of its impregnability.

The architecture of this silent assault is not one of brute force but of guile. Cyber marauders finesse their way through the defenses with a diversified arsenal; pirated content is but a smokescreen behind which trojans lie in ambush. The very appeal of free access to premium applications is turned against the user, opening a rift that permits these malevolent forces to ingress.

The trojans that permeate the defenses of the Mac ecosystem are architects of chaos. They surreptitiously enrol devices into armies of sorts – botnets which, unbeknownst to their hosts, become conduits for wider assaults on privacy and security. These machines, now soldiers in an unconsented war, are puppeteered to distribute further malware, carry out phishing tactics, and breach the sanctity of secure data.

The Trojan of Mac 

A recent exposé by the renowned cybersecurity firm Kaspersky has shone a spotlight on this burgeoning threat. The meticulous investigation conducted in April of this year unveiled a nefarious campaign, engineered to exploit the complacency among Mac users. This operation facilitates the sale of proxy access, linking previously unassailable devices to the infrastructure of cybercriminal networks.

This revelation cannot be overstated in its importance. It illustrates with disturbing clarity the evolution and sophistication of modern malware campaigns. The threat landscape is not stagnant but ever-shifting, adapting with both cunning and opportunity.

Kaspersky's diligence in dissecting this threat detected nearly three dozen popular applications, and tools relied upon by individuals and businesses alike for a multitude of tasks. These apps, now weaponised, span a gamut of functionalities - image editing and enhancement, video compression, data recovery, and network scanning among them. Each one, once a benign asset to productivity, is twisted into a lurking danger, imbued with the power to betray its user.   

The duplicity of the trojan is shrouded in mimicry; it disguises its malicious intent under the guise of 'WindowServer,' a legitimate system process intrinsic to the macOS. Its camouflage is reinforced by an innocuously named file, 'GoogleHelperUpdater.plist' — a moniker engineered to evade suspicion and blend seamlessly with benign processes affiliated with familiar applications.

Mode of Operation 

Its mode of operation, insidious in its stealth, utilises the Transmission Control Protocol(TCP) and User Datagram Protocol(UDP) networking protocols. This modus operandi allows it to masquerade as a benign proxy. The full scope of its potential commands, however, eludes our grasp, a testament to the shadowy domain from which these threats emerge.  

The reach of this trojan does not cease at the periphery of Mac's operating system; it harbours ambitions that transcend platforms. Windows and Android ecosystems, too, find themselves under the scrutiny of this burgeoning threat.

This chapter in the ongoing saga of cybersecurity is more than a cautionary tale; it is a clarion call for vigilance. The war being waged within the circuits and code of our devices underscores an inescapable truth: complacency is the ally of the cybercriminal.

Safety measures and best practices

It is imperative to safeguard the Mac system from harmful intruders, which are constantly evolving. Few measures can play a crucial role in protecting your data in your Mac systems.

• Refrain from Unlicensed Software - Refrain from accessing and downloading pirated software. Plenty of software serves as a decoy for malware which remains dormant till downloaded files are executed.  

• Use Trusted Source: Downloading files from legitimate and trusted sources can significantly reduce the threat of any unsolicited files or malware making its way into your Mac system. 

• Regular system updates: Regular updates to systems released by the company ensure the latest patches are installed in the system critical to combat and neutralize emerging threats. 

• General Awareness: keeping abreast of the latest developments in cyberspace plays a crucial role in avoiding new and emerging threats. It is crucial to keep pace with trends and be well-informed about new threats and ways to combat them. 

Conclusion

In conclusion, this silent conflict, though waged in whispers, echoes with repercussions that reverberate through every stratum of digital life. The cyber threats that dance in the shadows cast by our screens are not figments of paranoia, but very real specters hunting for vulnerabilities to exploit. Mac users, once confident in their platforms' defenses, must awaken to the new dawn of cybersecurity awareness.

The battlefield, while devoid of the visceral carnage of physical warfare, is replete with casualties of privacy and breaches of trust. The soldiers in this conflict are disguised as serviceable code, enacting their insidious agendas beneath a façade of normalcy. The victims eschew physical wounds for scars on their digital identities, enduring theft of information, and erosion of security.

As we course through the daunting terrain of digital life, it becomes imperative to heed the lessons of this unseen warfare. Shadows may lie unseen, but it is within their obscurity that the gravest dangers often lurk, a reminder to remain ever vigilant in the face of the invisible adversary.

References:

• https://indianexpress.com/article/technology/tech-news-technology/hackers-are-using-these-pirated-softwares-to-spread-malware-campaigns-on-mac-9054168/