#FactCheck: Viral AI image shown as AI -171 caught fire after collision

The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf

Introduction

As the world seemingly shrinks under the vast, ever-stretching canopy of the internet, the channels through which information flows are becoming increasingly enigmatic and tangled. In the digital world, the gulf between fact and fabrication narrows dramatically, with the veracity of information too often lost in the flood. Amidst the torrents of data, platforms like YouTube, a veritable Goliath in the video streaming sphere, are finding themselves at the forefront of a critical battle against the dark forces of fake news and disinformation—a war that is waged with the intensity of any historical conflict over truth and influence. 

It is in this volatile theatre that Google's video behemoth, YouTube, under the scrutiny of the global eye, announces its strategic campaign to shield against the onslaught of misinformation. With India, the world's most populous democracy, on the cusp of its monumental general elections, the stakes could hardly be higher. YouTube's involvement thus evolves beyond corporate social responsibility—it becomes a crusade for the integrity of information, a paladin for the democratic process, and a protector of the public’s right to factual reporting.

The Campaign 

The campaign envisioned by YouTube India's vanguard is multifaceted and robust, aimed at rooting out the insidious tendrils of fake news where they lie. At the heart of this mission are two pivotal strategies that form the backbone of YouTube's defense. Firstly, a rigorous misinformation policy, which heralds as a bastion against content designed with duplicitous intent. YouTube Indian Head Ishan Chatterjee elucidates, 'Our misinformation policies clearly state that if the content has been technically manipulated with the intent to deceive a user and there's a danger of real-world harm...we will act against that content.' It is an exhortation of YouTube's commitment to a culture of truth and an acknowledgement of the platform's influence and responsibility. This process, however, is more complex than it appears; it is tangled in socio-political nuances and demands an uncompromising vigilance to identify and dispel falsehoods.

Yet, this is merely the foundation upon which YouTube’s strategy rests. The second prong of their stratagem is even more ambitious—intending not only to eradicate the chaff of misinformation but also to till the soil with the seeds of verifiable, authoritative news content. This is an initiative to resuscitate the public's faith in digital information sources. By allying with credible news publishers and fostering a symbiosis with independent journalists, YouTube has taken up the mantle of an institution that not just police content, but cultivates it, transforming the barren desert of online falsehoods into an oasis of enlightenment.

News on YouTube is symbiotic with the larger consciousness of its users, driving content consumption and engaging millions who seek out current affairs, investigative reports, and in-depth analysis on the platform. The democratisation of news, once the hallowed ground of traditional broadcast and print media, now finds its theatre online. Chatterjee insightfully notes the ascending trend of news story engagement on YouTube Shorts and Connected TV (CTV)—two emergent platforms that have revolutionised content delivery and consumption. CTV, in particular, has skyrocketed in popularity within the past five years, boasting over 58 million viewers in India consuming YouTube content from the comfort of their living rooms as of June 2023, per analytics.

This phenomenon is acutely observed by YouTube's Director and Global Head of Responsibility, Tim Katz, who delineates a portrait of the Indian market's distinctive hunger for live content, particularly news, on CTV. Katz's observations carry an air of fascination, 'The other two things that have been exciting to see are that we've seen a lot of growth, particularly during sensitive moments, with large news stories occurring certainly during an election cycle, and we just see very large growth from many of our authoritative partners.'

The Implications of the Campaign 

The tapestry of YouTube's news ecosystem is a rich mosaic of diversity, including independent journalists, broadcasters, legacy print publications, and digital-first media organisations. Katz underscores the gravity of nurturing such a broad and dynamic news environment on the platform, a gesture of YouTube's commitment to a holistic information landscape.

An illuminating report from the Google News Initiative, forged in cooperation with Kantar, reiterates the dominance of video as the consummate medium for news consumption across a spectrum of languages and formats in India. It paints a picture of a nation of insatiable news consumers, with nearly every second Indian language internet user engaging with news content, a substantial proportion hailing from urban locales. Of particular resonance is hyperlocal news, which plucks the chords of local interests and concerns, touching the lives of seven out of ten citizens.

Moreover, the economic impetus behind YouTube’s role in the media firmament is brought to light in the Oxford Economics Impact Report, revealing a staggering 70% of Indian media and music companies with a YouTube presence acknowledge the platform as a crucial revenue stream.

Conclusion 

Poised upon the sharp edge of an electric election season—a season that will no doubt be drenched in a spectrum of information, both fact and fable—YouTube's convictions stand as a beacon of reliability. Their initiative is more than a method—it's a philosophy, a dedication to purifying the information sphere. In the digital epoch, where the battle lines for truth are drawn in bytes and bandwidth, YouTube’s rallying cry for responsibility, its vow to safeguard democratic ideals, and its unyielding commitment to illuminating the corridors of knowledge are more than strategies; they are pillars on which a well-informed, engaged, and enlightened citizenry can lean.

Reference 

• https://economictimes.indiatimes.com/tech/technology/youtube-india-adopts-two-pronged-strategy-to-fight-fake-news-ahead-of-general-elections/articleshow/105634109.cms

Introduction

The digital expanse of the metaverse has recently come under scrutiny following a gruesome incident. In a digital realm crafted for connection and exploration, a 16-year-old girl’s avatar falls victim to an agonising assault that kindled the fire of ethno-legal and societal discourse. The incident is a stark reminder that the cyberverse, offering endless possibilities and experiences, also has glaring challenges that require serious consideration. The incident involves a sixteen-year-old teen girl being raped through her digital avatar by a few members of Metaverse. 

This incident has sparked a critical question of genuine psychological trauma inflicted by virtual experiences. The incident with a 16-year-old girl highlights the strong emotional repercussions caused by illicit virtual actions. While the physical realm remains unharmed, the digital assault can leave permanent scars on the psyche of the girl. This issue raises a critical question about the ethical implications of virtual interactions and the responsibilities of service providers to protect users' well-being on their platforms. 

The Judicial Quagmire 

The digital nature of these assaults gives impetus to complex jurisdictions which are profound in cyber offences. We are still novices in navigating the digital labyrinth where avatars have the ability to transcend borders with just a click of a mouse. The current legal structure is not equipped to tackle virtual crimes, calling for urgent reforms in critical legal structure. The Policymakers and legal Professionals must define virtual offenses first with clear and defined jurisdictional boundaries ensuring justice isn’t hampered due to geographical restrictions. 

Meta’s Accountability 

Meta, a platform where this gruesome incident occurred, finds itself at the crossroads of ethical dilemma. The company implemented plenty of safeguards that proved futile in preventing such harrowing acts. The incident has raised several questions about the broader role and responsibilities of tech juggernauts. Some of the questions demanding immediate answers as how a company can strike a balance between innovation and the protection of its users.  

The Tightrope of Ethics 

Metaverse is the epitome of innovation, yet this harrowing incident highlights a fundamental ethical contention. The real challenge is to harness the power of virtual reality while addressing the risks of digital hostilities. Society is still facing this conundrum, stakeholders must work in tandem to formulate robust and effective legal structures to protect the rights and well-being of users. This also includes balancing technological development and ethical challenges which require collective effort.  

Reflections of Society 

Beyond legal and ethical considerations, this act calls for wider societal reflections. It emphasises the pressing need for a cultural shift fostering empathy, digital civility and respect. As we tread deeper into the virtual realm, we must strive to cultivate ethos upholding dignity in both the digital and real world. This shift is only possible through awareness campaigns, educational initiatives and strong community engagement to foster a culture of respect and responsibility. 

Safer and Ethical Way Forward

A multidimensional approach is essential to address the complicated challenges cyber violence poses. Several measures can pave the way for safer cyberspace for netizens. 

• Legislative Reforms - There’s an urgent need to revamp legislative frameworks to mitigate and effectively address the complexities of these new and emerging virtual offences. The tech companies must collaborate with the government on formulating best practices and help develop standard security measures prioritising user protection.

• Public Awareness and Engagement - Initiating public awareness campaigns to educate users on crucial issues such as cyber resilience, ethics, digital detox and responsible online behaviour play a critical role in making netizens vigilant to avoid cyber hostilities and help fellow netizens in distress. Civil society organisations and think tanks such as CyberPeace Foundation are the pioneers of cyber safety campaigns in the country, working in tandem with governments across the globe to curb the evil of cyber hostilities. 
• Interdisciplinary Research: The policymakers should delve deeper into the ethical, psychological and societal ramifications of digital interactions. The multidisciplinary approach in research is crucial for formulating policy based on evidence. 

Conclusion 

The digital Gang Rape is a wake-up call, demanding the bold measure to confront the intricate legal, societal and ethical pitfalls of the metaverse. As we navigate digital labyrinth, our collective decisions will help shape the metaverse's future. By nurturing the culture of empathy, responsibility and innovation, we can forge a path honouring the dignity of netizens, upholding ethical principles and fostering a vibrant and safe cyberverse. In this significant movement, ethical vigilance, diligence and active collaboration are indispensable.

References:

• https://www.thehindu.com/sci-tech/technology/virtual-gang-rape-reported-in-the-metaverse-probe-underway/article67705164.ece
• https://thesouthfirst.com/news/teen-uk-girl-virtually-gang-raped-in-metaverse-are-indian-laws-equipped-to-handle-similar-cases/