False News -WhatsApp records voice and video calls

Pretext

The Army Welfare Education Society has informed the Parents and students that a Scam is targeting the Army schools Students. The Scamster approaches the students by faking the voice of a female and a male. The scamster asks for the personal information and photos of the students by telling them they are taking details for the event, which is being organised by the Army welfare education society for the celebration of independence day. The Army welfare education society intimated that Parents to beware of these calls from scammers.

The students of  Army Schools of Jammu & Kashmir, Noida, are getting calls from the scamster. The students were asked to share sensitive information. Students across the country are getting calls and WhatsApp messages from two numbers, which end with 1715 and 2167.  The Scamster are posing to be teachers and asking for the students’ names on the pretext of adding them to the WhatsApp Groups. The scamster then sends forms links to the WhatsApp groups and asking students to fill out the form to seek more sensitive information.

Do’s

• Do Make sure to verify the caller.
• Do block the caller while finding it suspicious.
• Do be careful while sharing personal Information.
• Do inform the School Authorities while receiving these types of calls and messages posing to be teachers.
• Do Check the legitimacy of any agency and organisation while telling the details
• Do Record Calls asking for personal information.
• Do inform parents about scam calling.
• Do cross-check the caller and ask for crucial information.
• Do make others aware of the scam.

Don’ts

• Don’t answer anonymous calls or unknown calls from anyone.
• Don’t share personal information with anyone.
• Don’t Share OTP with anyone.
• Don’t open suspicious links.
• Don’t fill any forms, asking for personal information
• Don’t confirm your identity until you know the caller.
• Don’t Reply to messages asking for financial information.
• Don’t go to a fake website by following a prompt call.
• Don’t share bank Details and passwords.
• Don’t Make payment over a prompt fake call.

Introduction

Rajeev Chandrasekhar, Minister of State at the Ministry of Electronics and Information Technology, has emphasised the need for an open internet. He stated that no platform can deny content creators access to distribute and monetise content and that large technology companies have begun to play a significant role in the digital evolution. Chandrasekhar emphasised that the government does not want the internet or monetisation to be in the purview of just one or two companies and does not want 120 crore Indians on the internet in 2025 to be catered to by big islands on the internet.

The Voice for Open Internet 

India's Minister of State for IT, Rajeev Chandrasekhar, has stated that no technology company or social media platform can deny content creators access to distribute and monetise their content. Speaking at the Digital News Publishers Association Conference in Delhi, Chandrasekhar emphasized that the government does not want the internet or monetization of the internet to be in the hands of just one or two companies. He argued that the government does not like monopoly or duopoly and does not want 120 crore Indians on the Internet in 2025 to be catered to by big islands on the internet.

Chandrasekhar highlighted that large technology companies have begun to exert influence when it comes to the dissemination of content, which has become an area of concern for publishers and content creators. He stated that if any platform finds it necessary to block any content, they need to give reasons or grounds to the creators, stating that the content is violating norms.

As India tries to establish itself as an innovator in the technology sector, a recent corpus of Rs 1 lakh crore was announced by the government in the interim Budget of 2024-25. As big companies continue to tighten their stronghold on the sector, content moderation has become crucial. Under the IT Rules Act, 11 types of categories are unlawful under IT Act and criminal law. Platforms must ensure no user posts content that falls under these categories, take down any such content, and gateway users to either de-platforming or prosecuting. Chandrasekhar believes that the government has to protect the fundamental rights of people and emphasises legislative guardrails to ensure platforms are accountable for the correctness of the content.

Monetizing Content on the Platform

No platform can deny a content creator access to the platform to distribute and monetise it,' Chandrasekhar declared, boldly laying down a gauntlet that defies the prevailing norms. This tenet signals a nascent dawn where creators may envision reaping the rewards borne of their creative endeavours unfettered by platform restrictions.

An increasingly contentious issue that shadows this debate is the moderation of content within the digital realm. In this vast uncharted expanse, the powers that be within these monolithic platforms assume the mantle of vigilance—policing the digital avenues for transgressions against a conscribed code of conduct. Under the stipulations of India's IT Rules Act, for example, platforms are duty-bound to interdict user content that strays into territories encompassing a spectrum of 11 delineated unlawful categories. Violations span the gamut from the infringement of intellectual property rights to the propagation of misinformation—each category necessitating swift and decisive intervention. He raised the alarm against misinformation—a malignant growth fed by the fertile soils of innovation—a phenomenon wherein media reports chillingly suggest that up to half of the information circulating on the internet might be a mere fabrication, a misleading simulacrum of authenticity.

The government's stance, as expounded by Chandrasekhar, pivots on an axis of safeguarding citizens' fundamental rights, compelling digital platforms to shoulder the responsibility of arbiters of truth. 'We are a nation of over 90 crores today, a nation progressing with vigour, yet we find ourselves beset by those who wish us ill,' 

Upcoming Digital India Act

Awaiting upon the horizon, India's proposed Digital India Act (DIA), still in its embryonic stage of pre-consultation deliberation, seeks to sculpt these asymmetries into a more balanced form. Chandrasekhar hinted at the potential inclusion within the DIA of regulatory measures that would sculpt the interactions between platforms and the mosaic of content creators who inhabit them. Although specifics await the crucible of public discourse and the formalities of consultation, indications of a maturing framework are palpable.

Conclusion 

It is essential that the fable of digital transformation reverberates with the voices of individual creators, the very lifeblood propelling the vibrant heartbeat of the internet's culture. These are the voices that must echo at the centre stage of policy deliberations and legislative assembly halls; these are the visions that must guide us, and these are the rights that we must uphold. As we stand upon the precipice of a nascent digital age, the decisions we forge at this moment will cascade into the morrow and define the internet of our future. This internet must eternally stand as a bastion of freedom, of ceaseless innovation and as a realm of boundless opportunity for every soul that ventures into its infinite expanse with responsible use. 

References 

• https://www.financialexpress.com/business/brandwagon-no-platform-can-deny-a-content-creator-access-to-distribute-and-monetise-content-says-mos-it-rajeev-chandrasekhar-3386388/
• https://indianexpress.com/article/india/meta-content-monetisation-social-media-it-rules-rajeev-chandrasekhar-9147334/
• https://www.medianama.com/2024/02/223-rajeev-chandrasekhar-content-creators-publishers/

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Introduction

The government has announced that the new criminal laws will come into force on 1st July 2024. The Union Government notified that three recently enacted criminal laws, viz. Bhartiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 will be effective from 1st July 2024.  The Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 have been replaced by these new criminal laws.

On 23 February 2024, the Ministry of Home Affairs Announced the Effective Date of new criminal laws as follows:

1. Bharatiya Nyaya Sanhita, 2023 Effective from 1-7-2024, except Section 106(2).
2. Bharatiya Sakshya Adhiniyam, 2023 Effective from 1-7-2024.
3. Bharatiya Nagarik Suraksha Sanhita, 2023 The provisions will come into force on 1-7-2024 except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule.

Section 106(2) Will Not Be Enforced

Truckers protested against this provision, which provides 10 years imprisonment and fines for those who cause death by rash and negligent driving of a vehicle not amounting to culpable homicide, and escape without reporting it to a police officer. As of now, the government has promised truckers and transporters that subsection 2 of Section 106 of Bharatiya Nyay Sanhita (BNS) will not come into force. This subsection deals with fatal hit-and-run cases and prescribes higher penalties for not informing authorities immediately after an accident. 

Section 106(2) of Bharatiya Nyaya Sanhita, 2023 read as follows;

106. Causing death by negligence.—

(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of aterm which may extend to ten years, and shall also be liable to fine.

BHARATIYA SAKSHYA ADHINIYAM, 2023

The Bhartiya Sakshya Adhiniyam 2023 will replace the Indian Evidence Act 1872. The Act has undergone significant modification to maintain its fundamental principles for fair legal proceedings and adapt to technological advancements and changes in societal norms. This Act recognises electronic records as primary evidence under Section 57. It also allows the electronic presentation of oral evidence, enabling remote testimony and ensuring that electronic records will have the same legal effect as paper records.

Bharatiya Nagarik Suraksha Sanhita, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the 1973 Code of Criminal Procedure, introducing certain modifications. This Act, under section 176, requires forensic investigation for crimes punished with seven years' imprisonment or more.  Section 530 of BNSS, 2023 is a newly inserted provision which envisages the use of electronic communication audio-video electronic means for trials, inquiries, proceedings, service and issuance of summons. Electronic mode is permitted for all trials, inquiries, and proceedings under section 173 of this Act. The concept of Zero FIR is also introduced under section 173(1) and mandates police stations to register the FIR, irrespective of jurisdiction.

Conclusion

India's new criminal laws are set to take effect on 1st July 2024. These laws modernise the country's legal framework, replacing outdated statutes and incorporating technological advancements. The concerns from stakeholders led to the withholding of enforcement of Section 106(2) of Bharatiya Nyaya Sanhita 2023. The new criminal laws aim to address contemporary society's complexities while upholding justice and fairness.

References

• https://www.indiatoday.in/india/video/new-criminal-laws-to-come-into-effect-from-july-1-2506664-2024-02-24
• https://www.lawrbit.com/article/ipc-crpc-evidence-act-replaced-by-new-criminal-laws/

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