Centre Proposes New Bills for Criminal Law
Introduction
Criminal justice in India is majorly governed by three laws which are – Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. The centre, on 11th August 2023’ Friday, proposes a new bill in parliament Friday, which is replacing the country’s major criminal laws, i.e. Indian Penal Code, Criminal Procedure Code and Indian Evidence Act.
The following three bills are being proposed to replace major criminal laws in the country:
- The Bharatiya Nyaya Sanhita Bill, 2023 to replace Indian Penal Code 1860.
- The Bharatiya Nagrik Suraksha Sanhita Bill, 2023, to replace The Code Of Criminal Procedure, 1973.
- The Bharatiya Sakshya Bill, 2023, to replace The Indian Evidence Act 1872.
Cyber law-oriented view of the new shift in criminal lawNotable changes:Bharatiya Nyaya Sanhita Bill, 2023 Indian Penal Code 1860.
Way ahead for digitalisation
The new laws aim to enhance the utilisation of digital services in court systems, it facilitates online registration of FIR, Online filing of the charge sheet, serving summons in electronic mode, trial and proceedings in electronic mode etc. The new bills also allow the virtual appearance of witnesses, accused, experts, and victims in some instances. This shift will lead to the adoption of technology in courts and all courts to be computerised in the upcoming time.
Enhanced recognition of electronic records
With the change in lifestyle in terms of the digital sphere, significance is given to recognising electronic records as equal to paper records.
Conclusion
The criminal laws of the country play a significant role in establishing law & order and providing justice. The criminal laws of India were the old laws existing under British rule. There have been several amendments to criminal laws to deal with the growing crimes and new aspects. However, there was a need for well-established criminal laws which are in accordance with the present era. The step of the legislature by centralising all criminal laws in their new form and introducing three bills is a good approach which will ultimately strengthen the criminal justice system in India, and it will also facilitate the use of technology in the court system.
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Introduction
The emergence of deepfake technology has become a significant problem in an era driven by technological growth and power. The government has reacted proactively as a result of concerns about the exploitation of this technology due to its extraordinary realism in manipulating information. The national government is in the vanguard of defending national interests, public trust, and security as the digital world changes. On the 26th of December 2023, the central government issued an advisory to businesses, highlighting how urgent it is to confront this growing threat.
The directive aims to directly address the growing concerns around Deepfakes, or misinformation driven by AI. This advice represents the result of talks that Union Minister Shri Rajeev Chandrasekhar, had with intermediaries during the course of a month-long Digital India dialogue. The main aim of the advisory is to accurately and clearly inform users about information that is forbidden, especially those listed under Rule 3(1)(b) of the IT Rules.
Advisory
The Ministry of Electronics and Information Technology (MeitY) has sent a formal recommendation to all intermediaries, requesting adherence to current IT regulations and emphasizing the need to address issues with misinformation, specifically those driven by artificial intelligence (AI), such as Deepfakes. Union Minister Rajeev Chandrasekhar released the recommendation, which highlights the necessity of communicating forbidden information in a clear and understandable manner, particularly in light of Rule 3(1)(b) of the IT Rules.
Advise on Prohibited Content Communication
According to MeitY's advice, intermediaries must transmit content that is prohibited by Rule 3(1)(b) of the IT Rules in a clear and accurate manner. This involves giving users precise details during enrollment, login, and content sharing/uploading on the website, as well as including such information in customer contracts and terms of service.
Ensuring Users Are Aware of the Rules
Digital platform suppliers are required to inform their users of the laws that are relevant to them. This covers provisions found in the IT Act of 2000 and the Indian Penal Code (IPC). Corporations should inform users of the potential consequences of breaking the restrictions outlined in Rule 3(1)(b) and should also urge users to notify any illegal activity to law enforcement.
Talks Concerning Deepfakes
For more than a month, Union Minister Rajeev Chandrasekhar had a significant talk with various platforms where they addressed the issue of "deepfakes," or computer-generated fake videos. The meeting emphasized how crucial it is that everyone abides by the laws and regulations in effect, particularly the IT Rules to prevent deepfakes from spreading.
Addressing the Danger of Disinformation
Minister Chandrasekhar underlined the grave issue of disinformation, particularly in the context of deepfakes, which are false pieces of content produced using the latest developments such as artificial intelligence. He emphasized the dangers this deceptive data posed to internet users' security and confidence. The Minister emphasized the efficiency of the IT regulations in addressing this issue and cited the Prime Minister's caution about the risks of deepfakes.
Rule Against Spreading False Information
The Minister referred particularly to Rule 3(1)(b)(v), which states unequivocally that it is forbidden to disseminate false information, even when doing so involves cutting-edge technology like deepfakes. He called on intermediaries—the businesses that offer digital platforms—to take prompt action to take such content down from their systems. Additionally, he ensured that everyone is aware that breaking such rules has legal implications.
Analysis
The Central Government's latest advisory on deepfake technology demonstrates a proactive strategy to deal with new issues. It also highlights the necessity of comprehensive legislation to directly regulate AI material, particularly with regard to user interests.
There is a wider regulatory vacuum for content produced by artificial intelligence, even though the current guideline concentrates on the precision and lucidity of information distribution. While some limitations are mentioned in the existing laws, there are no clear guidelines for controlling or differentiating AI-generated content.
Positively, it is laudable that the government has recognized the dangers posed by deepfakes and is making appropriate efforts to counter them. As AI technology develops, there is a chance to create thorough laws that not only solve problems but also create a supportive environment for the creation of ethical AI content. User protection, accountability, openness, and moral AI use would all benefit from such laws. This offers an opportunity for regulatory development to guarantee the successful and advantageous incorporation of AI into our digital environment.
Conclusion
The Central Government's preemptive advice on deepfake technology shows a great dedication to tackling new risks in the digital sphere. The advice highlights the urgent need to combat deepfakes, but it also highlights the necessity for extensive legislation on content produced by artificial intelligence. The lack of clear norms offers a chance for constructive regulatory development to protect the interests of users. The advancement of AI technology necessitates the adoption of rules that promote the creation of ethical AI content, guaranteeing user protection, accountability, and transparency. This is a turning point in the evolution of regulations, making it easier to responsibly incorporate AI into our changing digital landscape.
References
- https://economictimes.indiatimes.com/tech/technology/deepfake-menace-govt-issues-advisory-to-intermediaries-to-comply-with-existing-it-rules/articleshow/106297813.cms
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1990542#:~:text=Ministry%20of%20Electronics%20and%20Information,misinformation%20powered%20by%20AI%20%E2%80%93%20Deepfakes.
- https://www.timesnownews.com/india/centres-deepfake-warning-to-it-firms-ensure-users-dont-violate-content-rules-article-106298282#:~:text=The%20Union%20government%20on%20Tuesday,actors%2C%20businesspersons%20and%20other%20celebrities
Introduction
The Sexual Harassment of minors in cyberspace has become a matter of grave concern that needs to be addressed. Sextortion is the practice of extorting individuals into sharing explicit and sexual content under the threat of exposure. This grim activity has evolved into a pervasive issue on several social media platforms, particularly Instagram. To combat this illicit act, big corporate giants such as Meta have deployed a comprehensive ‘nudity protection’ feature, leveraging the use of AI (Artificial Intelligence) algorithms to ascertain and address the rapid distribution of unsolicited explicit content.
The Meta Initiative presented a multifaceted approach to improve user safety, especially for young people online, who are more vulnerable to predatory behavior.
The Salient Feature
Instagram’s use of advanced AI algorithms to automatically identify and blur out explicit images shared within direct messages is the driving force behind this initiative. This new safety measure serves two essential purposes.
- Preventing dissemination of sensitive content - The feature, when enabled, obstructs the visibility of sensitive personal pictures and also limits dissemination of the same.
- Empower minors to exercise more control over their social media - This cutting feature comes with the ability to disable the nudity protection at the will of users, allowing users, including minors, to regulate their exposure to age-inappropriate and harmful materials online. The nudity protection feature is enabled for all users under 18 as a default setting on Instagram globally. This measure guarantees a baseline standard of security for the most vulnerable demographic of users. Adults are able to exercise more autonomy over the feature, receiving periodic prompts for its voluntary activationWhen this feature detects an explicit image, it automatically blurs the image with cautionary overlay, enabling recipients to make an informed decision about whether or not they wish to view the flagged content. The decision to introduce this feature is an interesting and sensitive approach to balancing individual agency with institutionalising online protection.
Comprehensive Safety Measures Beyond Nudity Detection
The cutting-edge nudity protection feature is a crucial element of Instagram’s new strategy and is supported by a comprehensive set of measures devised to tackle sextortion and ensure a safe cyber environment for its users:
Awareness Drives and Safety Tips - Users sending and receiving sexually explicit content are directed to a screen with curated safety tips to ensure complete user awareness and inspire due diligence. These safety tips are critical in raising awareness about the risks of sharing sensitive content and inculcating responsible online behaviour.
New Technology to Identify Sextortionists - Meta Platforms are constantly evolving, and new sophisticated algorithms are introduced to better detect malicious accounts engaged in possible sextortion. These proactive measures check for any predatory behaviour so that such threats can be neutralised before they escalate and do grave harm.
Superior Reporting and Support Mechanisms - Instagram is implementing new technology to bolster its reporting mechanisms so that users reporting concerns pertaining to nudity, sexual exploitation and threats are instantaneously directed to local child safety authorities for necessary support and assistance.
This new sophisticated approach highlights Instagram's Commitment to forging a safer haven for users by addressing various aspects of this grim issue through the three-pronged strategy of detection, prevention and support.
User’s Safety and Accountability
The implementation of the nudity protection feature and various associated safety measures is Meta’s way of tackling the growing concern about user safety in a more proactive manner, especially when it concerns minors. Instagram’s experience with this feature will likely be the sandbox in which Meta tests its new user protection strategy and refines it before extending it to other platforms like Facebook and WhatsApp.
Critical Reception and Future Outlook
The nudity protection feature has been met with positive feedback from experts and online safety advocates, commending Instagram for taking a proactive stance against sextortion and exploitation. However, critics also emphasise the need for continued innovation, transparency, and accountability to effectively address evolving threats and ensure comprehensive protection for all users.
Conclusion
As digital spaces continue to evolve, Meta Platforms must demonstrate an ongoing commitment to adapting its safety measures and collaborating with relevant stakeholders to stay ahead of emerging challenges. Ongoing investment in advanced technology, user education, and robust support systems will be crucial in maintaining a secure and responsible online environment. Ultimately, Instagram's nudity protection feature represents a significant step forward in the fight against online sexual exploitation and abuse. By leveraging cutting-edge technology, fostering user awareness, and implementing comprehensive safety protocols, Meta Platforms is setting a positive example for other social media platforms to prioritise user safety and combat predatory behaviour in digital spaces.
References
- https://www.nbcnews.com/tech/tech-news/instagram-testing-blurring-nudity-messages-protect-teens-sextortion-rcna147402
- https://techcrunch.com/2024/04/11/meta-will-auto-blur-nudity-in-instagram-dms-in-latest-teen-safety-step/
- https://hypebeast.com/2024/4/instagram-dm-nudity-blurring-feature-teen-safety-info
Introduction
Privacy has become a concern for netizens and social media companies have access to a user’s data and the ability to use the said data as they see fit. Meta’s business model, where they rely heavily on collecting and processing user data to deliver targeted advertising, has been under scrutiny. The conflict between Meta and the EU traces back to the enactment of GDPR in 2018. Meta is facing numerous fines for not following through with the regulation and mainly failing to obtain explicit consent for data processing under Chapter 2, Article 7 of the GDPR. ePrivacy Regulation, which focuses on digital communication and digital data privacy, is the next step in the EU’s arsenal to protect user privacy and will target the cookie policies and tracking tech crucial to Meta's ad-targeting mechanism. Meta’s core revenue stream is sourced from targeted advertising which requires vast amounts of data for the creation of a personalised experience and is scrutinised by the EU.
Pay for Privacy Model and its Implications with Critical Analysis
Meta came up with a solution to deal with the privacy issue - ‘Pay or Consent,’ a model that allows users to opt out of data-driven advertising by paying a subscription fee. The platform would offer users a choice between free, ad-supported services and a paid privacy-enhanced experience which aligns with the GDPR and potentially reduces regulatory pressure on Meta.
Meta presently needs to assess the economic feasibility of this model and come up with answers for how much a user would be willing to pay for the privacy offered and shift Meta’s monetisation from ad-driven profits to subscription revenues. This would have a direct impact on Meta’s advertisers who use Meta as a platform for detailed user data for targeted advertising, and would potentially decrease ad revenue and innovate other monetisation strategies.
For the users, increased privacy and greater control of data aligning with global privacy concerns would be a potential outcome. While users will undoubtedly appreciate the option to avoid tracking, the suggestion does beg the question that the need to pay might become a barrier. This could possibly divide users between cost-conscious and privacy-conscious segments. Setting up a reasonable price point is necessary for widespread adoption of the model.
For the regulators and the industry, a new precedent would be set in the tech industry and could influence other companies’ approaches to data privacy. Regulators might welcome this move and encourage further innovation in privacy-respecting business models.
The affordability and fairness of the ‘pay or consent’ model could create digital inequality if privacy comes at a digital cost or even more so as a luxury. The subscription model would also need clarifications as to what data would be collected and how it would be used for non-advertising purposes. In terms of market competition, competitors might use and capitalise on Meta’s subscription model by offering free services with privacy guarantees which could further pressure Meta to refine its offerings to stay competitive. According to the EU, the model needs to provide a third way for users who have ads but are a result of non-personalisation advertising.
Meta has further expressed a willingness to explore various models to address regulatory concerns and enhance user privacy. Their recent actions in the form of pilot programs for testing the pay-for-privacy model is one example. Meta is actively engaging with EU regulators to find mutually acceptable solutions and to demonstrate its commitment to compliance while advocating for business models that sustain innovation. Meta executives have emphasised the importance of user choice and transparency in their future business strategies.
Future Impact Outlook
- The Meta-EU tussle over privacy is a manifestation of broader debates about data protection and business models in the digital age.
- The EU's stance on Meta’s ‘pay or consent’ model and any new regulatory measures will shape the future landscape of digital privacy, leading to other jurisdictions taking cues and potentially leading to global shifts in privacy regulations.
- Meta may need to iterate on its approach based on consumer preferences and concerns. Competitors and tech giants will closely monitor Meta’s strategies, possibly adopting similar models or innovating new solutions. And the overall approach to privacy could evolve to prioritise user control and transparency.
Conclusion
Consent is the cornerstone in matters of privacy and sidestepping it violates the rights of users. The manner in which tech companies foster a culture of consent is of paramount importance in today's digital landscape. As the exploration by Meta in the ‘pay or consent’ model takes place, it faces both opportunities and challenges in balancing user privacy with business sustainability. This situation serves as a critical test case for the tech industry, highlighting the need for innovative solutions that respect privacy while fostering growth with the specificity of dealing with data protection laws worldwide, starting with India’s Digital Personal Data Protection Act, of 2023.
Reference:
- https://ciso.economictimes.indiatimes.com/news/grc/eu-tells-meta-to-address-consumer-fears-over-pay-for-privacy/111946106
- https://www.wired.com/story/metas-pay-for-privacy-model-is-illegal-says-eu/
- https://edri.org/our-work/privacy-is-not-for-sale-meta-must-stop-charging-for-peoples-right-to-privacy/
- https://fortune.com/2024/04/17/meta-pay-for-privacy-rejected-edpb-eu-gdpr-schrems/