#Factcheck-Viral Image of Men Riding an Elephant Next to a Tiger in Bihar is Misleading

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.

Introduction

Earlier this month, lawmakers in Colorado, a U.S. state, were summoned to a special legislative session to rewrite their newly passed Artificial Intelligence (AI) law before it even takes effect. Although the discussion taking place in Denver may seem distant, evolving regulations like this one directly address issues that India will soon encounter as we forge our own course for AI governance.

The Colorado Artificial Intelligence Act

Colorado became the first U.S. state to pass a comprehensive AI accountability law, set to come into force in 2026. It aims to protect people from bias, discrimination, and harm caused by predictive algorithms since AI tools have been known to reproduce societal biases by sidelining women from hiring processes, penalising loan applicants from poor neighbourhoods, or through welfare systems that wrongly deny citizens their benefits. But the law met resistance from tech companies who threatened to pull out form the state, claiming it is too broad in scope in its current form and would stifle innovation. This brings critical questions about AI regulation to the forefront:

• Who should be responsible when AI causes harm? Developers, deployers, or both? 
• How should citizens seek justice? 
• How can tech companies be incentivised to develop safe technologies? 

Colorado’s governor has called a special session to update the law before it kicks in. 

What This Means for India 

India is on its path towards framing a dedicated AI-specific law or directions, and discussions are underway through the IndiaAI Mission, the proposed Digital India Act, committee set by the Delhi High Court on deepfake and other measures. But the dilemmas Colorado is wrestling with are also relevant here.

• AI uptake is growing in public service delivery in India. Facial recognition systems are expanding in policing, despite accuracy and privacy concerns. Fintech apps using AI-driven credit scoring raise questions of fairness and transparency.
• Accountability is unclear. If an Indian AI-powered health app gives faulty advice, who should be liable- the global developer, the Indian startup deploying it, or the regulator who failed to set safeguards?
• India has more than 1,500 AI startups (NASSCOM), which, like Colorado’s firms, fear that onerous compliance could choke growth. But weak guardrails could undermine public trust in AI altogether.

Lessons for India

India’s Ministry of Electronics and IT ( MEITy) favours a light-touch approach to AI regulation, and exploring and advancing ways for a future-proof guideline. Further, lessons from other global frameworks can guide its way. 

• Colorado’s case shows us the necessity of incorporating feedback loops in the policy-making process. India should utilise regulatory sandboxes and open, transparent consultation processes before locking in rigid rules. 
• It will also need to explore proportionate obligations, lighter for low-risk applications and stricter for high-risk use cases such as policing, healthcare, or welfare delivery. 
• Europe’s AI Act is heavy on compliance, the U.S. federal government leans toward deregulation, and Colorado is somewhere in between. India has the chance to create a middle path, grounded in our democratic and developmental context.

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Conclusion

As AI becomes increasingly embedded in hiring, banking, education, and welfare, opportunities for ordinary Indians are being redefined. To shape how this pans out, states like Tamil Nadu and Telangana have taken early steps to frame AI policies. Lessons will emerge from their initiative in addressing AI governance. Policy and regulation will always be contested, but contestations are a part of the process. 

The Colorado debate shows us how participative law-making, with room for debate, revision, and iteration, is not a weakness but a necessity. For India’s emerging AI governance landscape, the challenge will be to embrace this process while ensuring that citizen rights and inclusion are balanced well with industry concerns. CyberPeace advocates for responsible AI regulation that balances innovation and accountability.

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References 

• https://www.cbsnews.com/colorado/news/colorado-lawmakers-look-repeal-replace-controversial-artificial-intelligence-law/
• https://www.naag.org/attorney-general-journal/a-deep-dive-into-colorados-artificial-intelligence-act/
• https://carnegieendowment.org/research/2024/11/indias-advance-on-ai-regulation?lang=en 
• https://the-captable.com/2024/12/india-ai-regulation-light-touch/ 
• https://indiaai.gov.in/article/tamilnadu-s-ai-policy-six-step-tamdef-guidance-framework-and-deepmax-scorecard 

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In the Intricate mazes of the digital world, where the line between reality and illusion blurs, the quest for truth becomes a Sisyphean task. The recent firestorm of rumours surrounding global pop icon Dua Lipa's visit to Rajasthan, India, is a poignant example of this modern Dilemma. A single image, plucked from the continuum of time and stripped of context, became the fulcrum upon which a narrative of sexual harassment was precariously balanced. This incident, a mere droplet in the ocean of digital discourse, encapsulates the broader phenomenon of misinformation—a spectre that haunts the virtual halls of our interconnected existence.

Misinformation Incident

Amidst the ceaseless hum of social media, a claim surfaced with the tenacity of a weed in fertile soil: Dua Lipa, the three-time Grammy Award winner, had allegedly been subjected to sexual harassment during her sojourn in the historic city of Jodhpur. The evidence? A viral picture, its origins murky, accompanied by a caption that seemed to confirm the worst fears of her ardent followers. The digital populace quickly reacted, with many sharing the image, asserting the claim's veracity without pause for verification.

Unraveling the Fabric of Fake News: Fact-Checking Dua Lipa's India Experience

The narrative gained momentum through platforms of dubious credibility, such as the Twitter handle,' which, upon closer scrutiny by the Digital Forensics Research and Analytics Center, was revealed to be a purveyor of fake news. The very fabric of the claim began to unravel as the original photo was traced back to the official Facebook page of RVCJ Media, untainted by the allegations that had been so hastily ascribed to it. Moreover, the silence of Dua Lipa on the matter, rather than serving as a testament to the truth, inadvertently fueled the fires of speculation—a stark reminder of the paradox where the absence of denial is often misconstrued as an affirmation.

The pop star's words, shared on her Instagram account, painted a starkly different picture of her experience in India. She spoke not of fear and harassment, but of gratitude and joy, describing her trip as 'deeply meaningful' and expressing her luck to be 'within the magic' with her family. The juxtaposition of her heartfelt account with the sinister narrative constructed around her serves as a cautionary tale of the power of misinformation to distort and defile.

A Political Microcosm: Bye Elections of Telangana

Another incident is electoral misinformation, the political landscape of Telangana, India, bristled with anticipation as the Election Commission announced bye-elections for two Member of Legislative Council (MLC) seats. Here, too, the machinery of misinformation whirred into action, with political narratives being shaped and reshaped through the lens of partisan prisms. The electoral process, transparent in its intent, became susceptible to selective amplification, with certain facets magnified or distorted to fit entrenched political narratives. The bye-elections, thus, became a battleground not just for political supremacy but also for the integrity of information.

The Far-Reaching Claws of Misinformation: Fact Check

The misinformation regarding the experience of dua lipa upon India's visit and another incident of political Microcosm of Misinformation in Telangana are manifestations of a global challenge. Misinformation, adapts to the different contours of its environment, whether it be the gritty arena of politics or the glitzy realm of stardom. Its tentacles reach far and wide, with geopolitical implications that can destabilise regions, sow discord, and undermine the very pillars of democracy. The erosion of trust that misinformation engenders is perhaps its most insidious effect, as it chips away at the bedrock of societal cohesion and collective well-being.

Paradox of Technology 

The same technological developments that have allowed the spread of misinformation also hold the keys to its containment. Artificial intelligence-powered fact-checking tools, blockchain-enabled transparency counter-measures, and comprehensive digital literacy campaigns stand as bulwarks against falsehoods. These tools, however, are not panaceas; they require the active engagement and critical thinking skills of each digital citizen to be truly effective.

Conclusion

As we stand at the cusp of the digital age, the way forward demands vigilance, collaboration, and innovation. Cultivating a digitally literate person, capable of discerning the nuances of digital content, is paramount. Governments, the tech industry, media companies, and civil society must join forces in a common front, leveraging their collective expertise in the battle against misinformation. Promoting algorithmic accountability and fostering diverse information ecosystems will also be crucial in mitigating the inadvertent amplification of falsehoods.

In the end, discerning truth in the digital age is a delicate process. It requires us to be attuned to the rhythm of reality, and wary of the seductive allure of unverified claims. As we navigate this digital realm, remember that the truth is not just a destination but a journey that demands our unwavering commitment to the pursuit of what is real and what is right.

References 

• https://telanganatoday.com/eci-releases-schedule-for-bye-elections-to-two-mlc-seats-in-telangana
• https://www.oneindia.com/fact-check/was-pop-singer-dua-lipa-sexually-harassed-in-rajasthan-during-her-india-trip-heres-the-truth-3718833.html?story=3
• https://www.thequint.com/news/webqoof/edited-graphic-of-dua-lipa-being-sexually-harassed-in-jodhpur-falsely-shared-fact-check