Intermediary Guidelines and Digital Media Ethics Code Amendment Rules, 2023
Introduction
The Ministry of Electronics and Information Technology recently released the IT Intermediary Guidelines 2023 Amendment for social media and online gaming. The notification is crucial when the Digital India Bill’s drafting is underway. There is no denying that this bill, part of a series of bills focused on amendments and adding new provisions, will significantly improve the dynamics of Cyberspace in India in terms of reporting, grievance redressal, accountability and protection of digital rights and duties.
What is the Amendment?
The amendment comes as a key feature of cyberspace as the bill introduces fact-checking, a crucial aspect of relating information on various platforms prevailing in cyberspace. Misformation and disinformation were seen rising significantly during the Covid-19 pandemic, and fact-checking was more important than ever. This has been taken into consideration by the policymakers and hence has been incorporated as part of the Intermediary guidelines. The key features of the guidelines are as follows –
- The phrase “online game,” which is now defined as “a game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary,” has been added.
- A clause has been added that emphasises that if an online game poses a risk of harm to the user, intermediaries and complaint-handling systems must advise the user not to host, display, upload, modify, publish, transmit, store, update, or share any data related to that risky online game.
- A proviso to Rule 3(1)(f) has been added, which states that if an online gaming intermediary has provided users access to any legal online real money game, it must promptly notify its users of the change, within 24 hours.
- Sub-rules have been added to Rule 4 that focus on any legal online real money game and require large social media intermediaries to exercise further due diligence. In certain situations, online gaming intermediaries:
- Are required to display a demonstrable and obvious mark of verification of such online game by an online gaming self-regulatory organisation on such permitted online real money game
- Will not offer to finance themselves or allow financing to be provided by a third party.
- Verification of real money online gaming has been added to Rule 4-A.
- The Ministry may name as many self-regulatory organisations for online gaming as it deems necessary for confirming an online real-money game.
- Each online gaming self-regulatory body will prominently publish on its website/mobile application the procedure for filing complaints and the appropriate contact information.
- After reviewing an application, the self-regulatory authority may declare a real money online game to be a legal game if it is satisfied that:
- There is no wagering on the outcome of the game.
- Complies with the regulations governing the legal age at which a person can engage into a contract.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have a new rule 4-B (Applicability of certain obligations after an initial period) that states that the obligations of the rule under rules 3 and 4 will only apply to online games after a three-month period has passed.
- According to Rule 4-C (Obligations in Relation to Online Games Other Than Online Real Money Games), the Central Government may direct the intermediary to make necessary modifications without affecting the main idea if it deems it necessary in the interest of India’s sovereignty and integrity, the security of the State, or friendship with foreign States.
- Intermediaries, such as social media companies or internet service providers, will have to take action against such content identified by this unit or risk losing their “safe harbour” protections under Section 79 of the IT Act, which let intermediaries escape liability for what third parties post on their websites. This is problematic and unacceptable. Additionally, these notified revisions can circumvent the takedown order process described in Section 69A of the IT Act, 2000. They also violated the ruling in Shreya Singhal v. Union of India (2015), which established precise rules for content banning.
- The government cannot decide if any material is “fake” or “false” without a right of appeal or the ability for judicial monitoring since the power to do so could be abused to thwart examination or investigation by media groups. Government takedown orders have been issued for critical remarks or opinions posted on social media sites; most of the platforms have to abide by them, and just a few, like Twitter, have challenged them in court.
Conclusion
The new rules briefly cover the aspects of fact-checking, content takedown by Govt, and the relevance and scope of sections 69A and 79 of the Information Technology Act, 2000. Hence, it is pertinent that the intermediaries maintain compliance with rules to ensure that the regulations are sustainable and efficient for the future. Despite these rules, the responsibility of the netizens cannot be neglected, and hence active civic participation coupled with such efficient regulations will go a long way in safeguarding the Indian cyber ecosystem.
Related Blogs
Overview:
The rapid digitization of educational institutions in India has created both opportunities and challenges. While technology has improved access to education and administrative efficiency, it has also exposed institutions to significant cyber threats. This report, published by CyberPeace, examines the types, causes, impacts, and preventive measures related to cyber risks in Indian educational institutions. It highlights global best practices, national strategies, and actionable recommendations to mitigate these threats.
Significance of the Study:
The pandemic-induced shift to online learning, combined with limited cybersecurity budgets, has made educational institutions prime targets for cyberattacks. These threats compromise sensitive student, faculty, and institutional data, leading to operational disruptions, financial losses, and reputational damage. Globally, educational institutions face similar challenges, emphasizing the need for universal and localized responses.
Threat Faced by Education Institutions:
Based on the insights from the CyberPeace’s report titled 'Exploring Cyber Threats and Digital Risks in Indian Educational Institutions', this concise blog provides a comprehensive overview of cybersecurity threats and risks faced by educational institutions, along with essential details to address these challenges.
🎣 Phishing: Phishing is a social engineering tactic where cyber criminals impersonate trusted sources to steal sensitive information, such as login credentials and financial details. It often involves deceptive emails or messages that lead to counterfeit websites, pressuring victims to provide information quickly. Variants include spear phishing, smishing, and vishing.
💰 Ransomware: Ransomware is malware that locks users out of their systems or data until a ransom is paid. It spreads through phishing emails, malvertising, and exploiting vulnerabilities, causing downtime, data leaks, and theft. Ransom demands can range from hundreds to hundreds of thousands of dollars.
🌐 Distributed Denial of Service (DDoS): DDoS attacks overwhelm servers, denying users access to websites and disrupting daily operations, which can hinder students and teachers from accessing learning resources or submitting assignments. These attacks are relatively easy to execute, especially against poorly protected networks, and can be carried out by amateur cybercriminals, including students or staff, seeking to cause disruptions for various reasons
🕵️ Cyber Espionage: Higher education institutions, particularly research-focused universities, are vulnerable to spyware, insider threats, and cyber espionage. Spyware is unauthorized software that collects sensitive information or damages devices. Insider threats arise from negligent or malicious individuals, such as staff or vendors, who misuse their access to steal intellectual property or cause data leaks..
🔒 Data Theft: Data theft is a major threat to educational institutions, which store valuable personal and research information. Cybercriminals may sell this data or use it for extortion, while stealing university research can provide unfair competitive advantages. These attacks can go undetected for long periods, as seen in the University of California, Berkeley breach, where hackers allegedly stole 160,000 medical records over several months.
🛠️ SQL Injection: SQL injection (SQLI) is an attack that uses malicious code to manipulate backend databases, granting unauthorized access to sensitive information like customer details. Successful SQLI attacks can result in data deletion, unauthorized viewing of user lists, or administrative access to the database.
🔍Eavesdropping attack: An eavesdropping breach, or sniffing, is a network attack where cybercriminals steal information from unsecured transmissions between devices. These attacks are hard to detect since they don't cause abnormal data activity. Attackers often use network monitors, like sniffers, to intercept data during transmission.
🤖 AI-Powered Attacks: AI enhances cyber attacks like identity theft, password cracking, and denial-of-service attacks, making them more powerful, efficient, and automated. It can be used to inflict harm, steal information, cause emotional distress, disrupt organizations, and even threaten national security by shutting down services or cutting power to entire regions
Insights from Project eKawach
The CyberPeace Research Wing, in collaboration with SAKEC CyberPeace Center of Excellence (CCoE) and Autobot Infosec Private Limited, conducted a study simulating educational institutions' networks to gather intelligence on cyber threats. As part of the e-Kawach project, a nationwide initiative to strengthen cybersecurity, threat intelligence sensors were deployed to monitor internet traffic and analyze real-time cyber attacks from July 2023 to April 2024, revealing critical insights into the evolving cyber threat landscape.
Cyber Attack Trends
Between July 2023 and April 2024, the e-Kawach network recorded 217,886 cyberattacks from IP addresses worldwide, with a significant portion originating from countries including the United States, China, Germany, South Korea, Brazil, Netherlands, Russia, France, Vietnam, India, Singapore, and Hong Kong. However, attributing these attacks to specific nations or actors is complex, as threat actors often use techniques like exploiting resources from other countries, or employing VPNs and proxies to obscure their true locations, making it difficult to pinpoint the real origin of the attacks.
Brute Force Attack:
The analysis uncovered an extensive use of automated tools in brute force attacks, with 8,337 unique usernames and 54,784 unique passwords identified. Among these, the most frequently targeted username was “root,” which accounted for over 200,000 attempts. Other commonly targeted usernames included: "admin", "test", "user", "oracle", "ubuntu", "guest", "ftpuser", "pi", "support"
Similarly, the study identified several weak passwords commonly targeted by attackers. “123456” was attempted over 3,500 times, followed by “password” with over 2,500 attempts. Other frequently targeted passwords included: "1234", "12345", "12345678", "admin", "123", "root", "test", "raspberry", "admin123", "123456789"
Insights from Threat Landscape Analysis
Research done by the USI - CyberPeace Centre of Excellence (CCoE) and Resecurity has uncovered several breached databases belonging to public, private, and government universities in India, highlighting significant cybersecurity threats in the education sector. The research aims to identify and mitigate cybersecurity risks without harming individuals or assigning blame, based on data available at the time, which may evolve with new information. Institutions were assigned risk ratings that descend from A to F, with most falling under a D rating, indicating numerous security vulnerabilities. Institutions rated D or F are 5.4 times more likely to experience data breaches compared to those rated A or B. Immediate action is recommended to address the identified risks.
Risk Findings :
The risk findings for the institutions are summarized through a pie chart, highlighting factors such as data breaches, dark web activity, botnet activity, and phishing/domain squatting. Data breaches and botnet activity are significantly higher compared to dark web leakages and phishing/domain squatting. The findings show 393,518 instances of data breaches, 339,442 instances of botnet activity, 7,926 instances related to the dark web and phishing & domain activity - 6711.
Key Indicators: Multiple instances of data breaches containing credentials (email/passwords) in plain text.
- Botnet activity indicating network hosts compromised by malware.
- Credentials from third-party government and non-governmental websites linked to official institutional emails
- Details of software applications, drivers installed on compromised hosts.
- Sensitive cookie data exfiltrated from various browsers.
- IP addresses of compromised systems.
- Login credentials for different Android applications.
Below is the sample detail of one of the top educational institutions that provides the insights about the higher rate of data breaches, botnet activity, dark web activities and phishing & domain squatting.
Risk Detection:
It indicates the number of data breaches, network hygiene, dark web activities, botnet activities, cloud security, phishing & domain squatting, media monitoring and miscellaneous risks. In the below example, we are able to see the highest number of data breaches and botnet activities in the sample particular domain.
Risk Changes:
Risk by Categories:
Risk is categorized with factors such as high, medium and low, the risk is at high level for data breaches and botnet activities.
Challenges Faced by Educational Institutions
Educational institutions face cyberattack risks, the challenges leading to cyberattack incidents in educational institutions are as follows:
🔒 Lack of a Security Framework: A key challenge in cybersecurity for educational institutions is the lack of a dedicated framework for higher education. Existing frameworks like ISO 27001, NIST, COBIT, and ITIL are designed for commercial organizations and are often difficult and costly to implement. Consequently, many educational institutions in India do not have a clearly defined cybersecurity framework.
🔑 Diverse User Accounts: Educational institutions manage numerous accounts for staff, students, alumni, and third-party contractors, with high user turnover. The continuous influx of new users makes maintaining account security a challenge, requiring effective systems and comprehensive security training for all users.
📚 Limited Awareness: Cybersecurity awareness among students, parents, teachers, and staff in educational institutions is limited due to the recent and rapid integration of technology. The surge in tech use, accelerated by the pandemic, has outpaced stakeholders' ability to address cybersecurity issues, leaving them unprepared to manage or train others on these challenges.
📱 Increased Use of Personal/Shared Devices: The growing reliance on unvetted personal/Shared devices for academic and administrative activities amplifies security risks.
💬 Lack of Incident Reporting: Educational institutions often neglect reporting cyber incidents, increasing vulnerability to future attacks. It is essential to report all cases, from minor to severe, to strengthen cybersecurity and institutional resilience.
Impact of Cybersecurity Attacks on Educational Institutions
Cybersecurity attacks on educational institutions lead to learning disruptions, financial losses, and data breaches. They also harm the institution's reputation and pose security risks to students. The following are the impacts of cybersecurity attacks on educational institutions:
📚Impact on the Learning Process: A report by the US Government Accountability Office (GAO) found that cyberattacks on school districts resulted in learning losses ranging from three days to three weeks, with recovery times taking between two to nine months.
💸Financial Loss: US schools reported financial losses ranging from $50,000 to $1 million due to expenses like hardware replacement and cybersecurity upgrades, with recovery taking an average of 2 to 9 months.
🔒Data Security Breaches: Cyberattacks exposed sensitive data, including grades, social security numbers, and bullying reports. Accidental breaches were often caused by staff, accounting for 21 out of 25 cases, while intentional breaches by students, comprising 27 out of 52 cases, frequently involved tampering with grades.
⚠️Data Security Breach: Cyberattacks on schools result in breaches of personal information, including grades and social security numbers, causing emotional, physical, and financial harm. These breaches can be intentional or accidental, with a US study showing staff responsible for most accidental breaches (21 out of 25) and students primarily behind intentional breaches (27 out of 52) to change grades.
🏫Impact on Institutional Reputation: Cyberattacks damaged the reputation of educational institutions, eroding trust among students, staff, and families. Negative media coverage and scrutiny impacted staff retention, student admissions, and overall credibility.
🛡️ Impact on Student Safety: Cyberattacks compromised student safety and privacy. For example, breaches like live-streaming school CCTV footage caused severe distress, negatively impacting students' sense of security and mental well-being.
CyberPeace Advisory:
CyberPeace emphasizes the importance of vigilance and proactive measures to address cybersecurity risks:
- Develop effective incident response plans: Establish a clear and structured plan to quickly identify, respond to, and recover from cyber threats. Ensure that staff are well-trained and know their roles during an attack to minimize disruption and prevent further damage.
- Implement access controls with role-based permissions: Restrict access to sensitive information based on individual roles within the institution. This ensures that only authorized personnel can access certain data, reducing the risk of unauthorized access or data breaches.
- Regularly update software and conduct cybersecurity training: Keep all software and systems up-to-date with the latest security patches to close vulnerabilities. Provide ongoing cybersecurity awareness training for students and staff to equip them with the knowledge to prevent attacks, such as phishing.
- Ensure regular and secure backups of critical data: Perform regular backups of essential data and store them securely in case of cyber incidents like ransomware. This ensures that, if data is compromised, it can be restored quickly, minimizing downtime.
- Adopt multi-factor authentication (MFA): Enforce Multi-Factor Authentication(MFA) for accessing sensitive systems or information to strengthen security. MFA adds an extra layer of protection by requiring users to verify their identity through more than one method, such as a password and a one-time code.
- Deploy anti-malware tools: Use advanced anti-malware software to detect, block, and remove malicious programs. This helps protect institutional systems from viruses, ransomware, and other forms of malware that can compromise data security.
- Monitor networks using intrusion detection systems (IDS): Implement IDS to monitor network traffic and detect suspicious activity. By identifying threats in real time, institutions can respond quickly to prevent breaches and minimize potential damage.
- Conduct penetration testing: Regularly conduct penetration testing to simulate cyberattacks and assess the security of institutional networks. This proactive approach helps identify vulnerabilities before they can be exploited by actual attackers.
- Collaborate with cybersecurity firms: Partner with cybersecurity experts to benefit from specialized knowledge and advanced security solutions. Collaboration provides access to the latest technologies, threat intelligence, and best practices to enhance the institution's overall cybersecurity posture.
- Share best practices across institutions: Create forums for collaboration among educational institutions to exchange knowledge and strategies for cybersecurity. Sharing successful practices helps build a collective defense against common threats and improves security across the education sector.
Conclusion:
The increasing cyber threats to Indian educational institutions demand immediate attention and action. With vulnerabilities like data breaches, botnet activities, and outdated infrastructure, institutions must prioritize effective cybersecurity measures. By adopting proactive strategies such as regular software updates, multi-factor authentication, and incident response plans, educational institutions can mitigate risks and safeguard sensitive data. Collaborative efforts, awareness, and investment in cybersecurity will be essential to creating a secure digital environment for academia.
Introduction
The use of digital information and communication technologies for healthcare access has been on the rise in recent times. Mental health care is increasingly being provided through online platforms by remote practitioners, and even by AI-powered chatbots, which use natural language processing (NLP) and machine learning (ML) processes to simulate conversations between the platform and a user. Thus, AI chatbots can provide mental health support from the comfort of the home, at any time of the day, via a mobile phone. While this has great potential to enhance the mental health care ecosystem, such chatbots can present technical and ethical challenges as well.
Background
According to the WHO’s World Mental Health Report of 2022, every 1 in 8 people globally is estimated to be suffering from some form of mental health disorder. The need for mental health services worldwide is high but the supply of a care ecosystem is inadequate both in terms of availability and quality. In India, it is estimated that there are only 0.75 psychiatrists per 100,000 patients and only 30% of the mental health patients get help. Considering the slow thawing of social stigma regarding mental health, especially among younger demographics and support services being confined to urban Indian centres, the demand for a telehealth market is only projected to grow. This paves the way for, among other tools, AI-powered chatbots to fill the gap in providing quick, relatively inexpensive, and easy access to mental health counseling services.
Challenges
Users who seek mental health support are already vulnerable, and AI-induced oversight can exacerbate distress due to some of the following reasons:
- Inaccuracy: Apart from AI’s tendency to hallucinate data, chatbots may simply provide incorrect or harmful advice since they may be trained on data that is not representative of the specific physiological and psychological propensities of various demographics.
- Non-Contextual Learning: The efficacy of mental health counseling often relies on rapport-building between the service provider and client, relying on circumstantial and contextual factors. Machine learning models may struggle with understanding interpersonal or social cues, making their responses over-generalised.
- Reinforcement of Unhelpful Behaviors: In some cases, AI chatbots, if poorly designed, have the potential to reinforce unhealthy thought patterns. This is especially true for complex conditions such as OCD, treatment for which requires highly specific therapeutic interventions.
- False Reassurance: Relying solely on chatbots for counseling may create a partial sense of safety, thereby discouraging users from approaching professional mental health support services. This could reinforce unhelpful behaviours and exacerbate the condition.
- Sensitive Data Vulnerabilities: Health data is sensitive personal information. Chatbot service providers will need to clarify how health data is stored, processed, shared, and used. Without strong data protection and transparency standards, users are exposed to further risks to their well-being.
Way Forward
- Addressing Therapeutic Misconception: A lack of understanding of the purpose and capabilities of such chatbots, in terms of care expectations and treatments they can offer, can jeopardize user health. Platforms providing such services should be mandated to lay disclaimers about the limitations of the therapeutic relationship between the platform and its users in a manner that is easy to understand.
- Improved Algorithm Design: Training data for these models must undertake regular updates and audits to enhance their accuracy, incorporate contextual socio-cultural factors for profile analysis, and use feedback loops from customers and mental health professionals.
- Human Oversight: Models of therapy where AI chatbots are used to supplement treatment instead of replacing human intervention can be explored. Such platforms must also provide escalation mechanisms in cases where human-intervention is sought or required.
Conclusion
It is important to recognize that so far, there is no substitute for professional mental health services. Chatbots can help users gain awareness of their mental health condition and play an educational role in this regard, nudging them in the right direction, and provide assistance to both the practitioner and the client/patient. However, relying on this option to fill gaps in mental health services is not enough. Addressing this growing —and arguably already critical— global health crisis requires dedicated public funding to ensure comprehensive mental health support for all.
Sources
- https://www.who.int/news/item/17-06-2022-who-highlights-urgent-need-to-transform-mental-health-and-mental-health-care
- https://health.economictimes.indiatimes.com/news/industry/mental-healthcare-in-india-building-a-strong-ecosystem-for-a-sound-mind/105395767#:~:text=Indian%20mental%20health%20market%20is,access%20to%20better%20quality%20services.
- https://www.frontiersin.org/journals/digital-health/articles/10.3389/fdgth.2023.1278186/full
18th November 2022 CyberPeace Foundation in association with Universal Acceptance has successfully conducted the workshop on Universal Acceptance and Multilingual Internet for the students and faculties of Royal Global University under CyberPeace Center of Excellence (CCoE). CyberPeace Foundation has always been engaged towards the aim of spreading awareness regarding the various developments, avenues, opportunities and threats regarding cyberspace. The same has been the keen principle of the CyberPeace Centre of Excellence setup in collaboration with various esteemed educational institutes. We at CyberPeace Foundation would like to take the collaborations and our efforts to a new height of knowledge and awareness by proposing a workshop on UNIVERSAL ACCEPTANCE AND MULTILINGUAL INTERNET. This workshop was instrumental in providing the academia and research community a wholesome outlook towards the multilingual spectrum of internet including Internationalized domain names and email address Internationalization.
Date –18th November 2022
Time – 10:00 AM to 12:00 PM
Duration – 2 hours
Mode - Online
Audience – Academia and Research Community
Participants Joined- 130
Crowd Classification - Engineering students (1st and 4th year, all streams) and Faculties members
Organizer : Mr. Harish Chowdhary : UA Ambassador Moderator: Ms. Pooja Tomar, Project coordinator cum trainer
GuestSpeakers:Mr. Abdalmonem Galila, Abdalmonem: Vice Chair , Universal Acceptance Steering Group (UASG) ,Mr. Mahesh D Kulkarni: Director, Evaris Systems and Former Senior Director, CDAC, Government of India, Mr. Akshat Joshi, Founder Think Trans First session was delivered by Mr. Abdalmonem Galila, Abdalmonem: Vice Chair , Universal Acceptance Steering Group (UASG) “Universal Acceptance( UA) and why UA matters?”
- What is universal acceptance?
- UA is cornerstone to a digitally inclusive internet by ensuring all domain names and email addresses in all languages, script and character length.
- Achieving UA ensures that every person has the ability to navigate the internet.
- Different UA issues were also discussed and explained.
- Tagated systems by the UA and implication were discussed in detail.
Second Session was delivered by Mr. Akshat Joshi, Founder Think Trans on “Universal Acceptance to the IDNsand the economic Landscape”
- What is Universal Acceptance?
- The internet has had standards that allow people to use domain names and email addresses in their native scripts. Software developers need to bring their applications up-to-date so that consumers can use their chosen identity.
- A typical problem is that an IDN email address is not recognised by a website form as a valid email address.
- The importance of adopting IDNs z Enable citizens to use their own identity online (correct spelling, native language) z Relates to language, culture and content z Promotes local and regional content z Allows businesses and politicians to better target their messages.
Third session was delivered by Mr. Mahesh D Kulkarni, ES Director Evaris on the topic of “IDNs in Indian languages perspective- challenges and solutions”.
- The multilingual diversity of India was focused on and its impact.
- Most students were not aware of what Unicode, IDNS is and their usage.
- Students were briefed by giving real time examples on IDN, Domain name implementation using local language.
- In depth knowledge of and practical exposure of Universal Acceptance and Multilingual Internet has been served to the students.
- Tools and Resources for Domain Name and Domain Languages were explained.
- Languages nuances of Multilingual diversity of India explained with real time facts and figures.
- Given the idea of IDN Email,Homograph attack,Homographic variant with proper real time examples.
- Explained about the security threats and IDNA protocols.
- Given the explanation on ABNF.
- Explained the stages of Universal Acceptance.
