What’s Your New Year's Resolution?

Introduction

India's National Commission for Protection of Child Rights (NCPCR) is set to approach the Ministry of Electronics and Information Technology (MeitY) to recommend mandating a KYC-based system for verifying children's age under the Digital Personal Data Protection (DPDP) Act. The decision to approach or send recommendations to MeitY was taken by NCPCR in a closed-door meeting held on August 13 with social media entities. In the meeting, NCPCR emphasised proposing a KYC-based age verification mechanism. In this background, Section 9 of the Digital Personal Data Protection Act, 2023 defines a child as someone below the age of 18, and Section 9 mandates that such children have to be verified and parental consent will be required before processing their personal data.

Requirement of Verifiable Consent Under Section 9 of DPDP Act

Regarding the processing of children's personal data, Section 9 of the DPDP Act, 2023, provides that for children below 18 years of age, consent from parents/legal guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or lawful guardian. Additionally, behavioural monitoring or targeted advertising directed at children is prohibited. 

Ongoing debate on Method to obtain Verifiable Consent

Section 9 of the DPDP Act gives parents or lawful guardians more control over their children's data and privacy, and it empowers them to make decisions about how to manage their children's online activities/permissions. However, obtaining such verifiable consent from the parent or legal guardian presents a quandary. It was expected that the upcoming 'DPDP rules,' which have yet to be notified by the Central Government, would shed light on the procedure of obtaining such verifiable consent from a parent or lawful guardian.

However, In the meeting held on 18th July 2024, between MeitY and social media companies to discuss the upcoming Digital Personal Data Protection Rules (DPDP Rules), MeitY stated that it may not intend to prescribe a ‘specific mechanism’ for Data Fiduciaries to verify parental consent for minors using digital services. MeitY instead emphasised obligations put forth on the data fiduciary under section 8(4) of the DPDP Act to implement “appropriate technical and organisational measures” to ensure effective observance of the provisions contained under this act. 

In a recent update, MeitY held a review meeting on DPDP rules, where they focused on a method for determining children's ages. It was reported that the ministry is making a few more revisions before releasing the guidelines for public input.

CyberPeace Policy Outlook

CyberPeace in its policy recommendations paper published last month, (available here) also advised obtaining verifiable parental consent through methods such as Government Issued ID, integration of parental consent at ‘entry points’ like app stores,  obtaining consent through consent forms, or drawing attention from foreign laws such as California Privacy Law, COPPA, and developing child-friendly SIMs for enhanced child privacy.

CyberPeace in its policy paper also emphasised that when deciding the method to obtain verifiable consent, the respective platforms need to be aligned with the fact that verifiable age verification must be done without compromising user privacy. Balancing user privacy is a question of both technological capabilities and ethical considerations. 

DPDP Act is a brand new framework for protecting digital personal data and also puts forth certain obligations on Data Fiduciaries and provides certain rights to Data Principal. With upcoming ‘DPDP Rules’ which are expected to be notified soon, will define the detailed procedure for the implementation of the provisions of the Act. MeitY is refining the DPDP rules before they come out for public consultation. The approach of NCPCR is aimed at ensuring child safety in this digital era. We hope that MeitY comes up with a sound mechanism for obtaining verifiable consent from parents/lawful guardians after taking due consideration to recommendations put forth by various stakeholders, expert organisations and concerned authorities such as NCPCR. 

References

1. https://www.moneycontrol.com/technology/dpdp-rules-ncpcr-to-recommend-meity-to-bring-in-kyc-based-age-verification-for-children-article-12801563.html
2. https://pune.news/government/ncpcr-pushes-for-kyc-based-age-verification-in-digital-data-protection-a-new-era-for-child-safety-215989/#:~:text=During%20this%20meeting%2C%20NCPCR%20issued,consent%20before%20processing%20their%20data
3. https://www.hindustantimes.com/india-news/ncpcr-likely-to-seek-clause-for-parents-consent-under-data-protection-rules-101724180521788.html
4. https://www.drishtiias.com/daily-updates/daily-news-analysis/dpdp-act-2023-and-the-isssue-of-parental-consent

‍

Executive Summary:

A post on X (formerly Twitter) featuring an image that has been widely shared with misleading captions, claiming to show men riding an elephant next to a tiger in Bihar, India. This post has sparked both fascination and skepticism on social media. However, our investigation has revealed that the image is misleading. It is not a recent photograph; rather, it is a photo of an incident from 2011. Always verify claims before sharing.

Claims:

An image purporting to depict men riding an elephant next to a tiger in Bihar has gone viral, implying that this astonishing event truly took place.

‍

Fact Check:

After investigation of the viral image using Reverse Image Search shows that it comes from an older video. The footage shows a tiger that was shot after it became a man-eater by forest guard. The tiger killed six people and caused panic in local villages in the Ramnagar division of Uttarakhand in January, 2011. 

‍

Before sharing viral posts, take a brief moment to verify the facts. Misinformation spreads quickly and it’s far better to rely on trusted fact-checking sources.

Conclusion:

The claim that men rode an elephant alongside a tiger in Bihar is false. The photo presented as recent actually originates from the past and does not depict a current event. Social media users should exercise caution and verify sensational claims before sharing them.

• Claim: The video shows people casually interacting with a tiger in Bihar
• Claimed On:Instagram and X (Formerly Known As Twitter)
• Fact Check: False and Misleading

‍

The Delhi High Court vide order dated 21st November 2024 directed the Centre to nominate members for a committee constituted to examine the issue of deepfakes. The court was informed by the Union Ministry of Electronics and Information Technology (MeitY) that a committee had been formed on 20 November 2024 on deepfake matters. The Delhi High Court passed an order while hearing two writ petitions against the non-regulation of deepfake technology in the country and the threat of its potential misuse. The Centre submitted that it was actively taking measures to address and mitigate the issues related to deepfake technology. The court directed the central government to nominate the members within a week. 

The court further stated that the committee shall examine and take into consideration the suggestions filed by the petitioners and consider the regulations as well as statutory frameworks in foreign countries like the European Union. The court has directed the committee to invite the experiences and suggestions of stakeholders such as intermediary platforms, telecom service providers, victims of deepfakes, and websites which provide and deploy deepfakes. The counsel for the petitioners stated that delay in the creation, detection and removal of deepfakes is causing immense hardship to the public at large. Further, the court has directed the said committee to submit its report, as expeditiously as possible, preferably within three months. The matter is further listed on 24th March 2025.

CyberPeace Outlook 

Through the issue of misuse of deepfakes by bad actors, it has become increasingly difficult for users to differentiate between genuine and altered content created by deepfakes. This increasing misuse has led to a rise in cyber crimes and poses dangers to users' privacy. Bad actors use any number of random pictures or images collected from the internet to create such non-consensual deepfake content. Such deepfake videos further pose risks of misinformation and fake news campaigns with the potential to sway elections, cause confusion and mistrust in authorities, and more.

The conceivable legislation governing the deepfake is the need of the hour. It is important to foster regulated, ethical and responsible consumption of technology. The comprehensive legislation governing the issue can help ensure technology can be used in a better manner.  The dedicated deepfake regulation and deploying ethical practices through a coordinated approach by concerned stakeholders can effectively manage the problems presented by the misuse of deepfake technology. Legal frameworks in this regard need to be equipped to handle the challenges posed by deepfake and AI. Accountability in AI is also a complex issue that requires comprehensive legal reforms. The government should draft policies and regulations that balance innovation and regulation. Through a multifaceted approach and comprehensive regulatory landscape, we can mitigate the risks posed by deepfakes and safeguard privacy, trust, and security in the digital age.

References

• https://www.devdiscourse.com/article/law-order/3168452-delhi-high-court-calls-for-action-on-deepfake-regulation
• https://images.assettype.com/barandbench/2024-11-23/w63zribm/Chaitanya_Rohilla_vs_Union_of_India.pdf

‍