CONSUMERS, TECHNOLOGY AND THE LAW: REGULATING TECHNOLOGY FOR CONSUMER SAFETY
The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices.
The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty.
It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc.
Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer.
The Legal Framework in India
Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.
Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.
The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.
Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards.
It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.
Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.
Conclusion
Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.
References:
- https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
- https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
- https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
- https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf
Related Blogs
Introduction
Google Play has announced its new policy which will ensure trust and transparency on google play by providing a new framework for developer verification and app details. The new policy requires that new developer accounts on Google Play will have to provide a D-U-N-S number to verify the business. So when an organisation will create a new Play Console developer account the organisation will need to provide a D-U-N-S number. Which is a nine-digit unique identifier which will be used to verify their business. The new google play policy aims to enhance user trust. And the developer will provide detailed developer details on the app’s listing page. Users will get to know who is behind the app which they are installing.
Verifying Developer Identity with D-U-N-S Numbers
To boost security the google play new policy requires the developer account to provide the D-U-N-S number when creating a new Play Console developer account. The D-U-N-S number assigned by Dun & Bradstreet will be used to verify the business. Once the developer creates his new Play Console developer account by providing a D-U-N-S number, Google Play will verify the developer’s details, and he will be able to start publishing the apps. Through this step, Google Play aims to validate the business information in a more authentic way.
If your organisation does not have a D-U-N-S number, you may check on or request for it for free on this website (https://www.dnb.com/duns-number/lookup.html). The request process for D-U-N-S can take up to 30 days. Developers are also required to keep the information up to date.
Building User Trust with Enhanced App Details
In addition to verifying developer identities in a more efficient way, google play also requires that developer provides sufficient app details to the users. There will be an “App Support” section on the app’s store listing page, where the developer will display the app’s support email address and even can include their website and phone number for support.
The new section “About the developer” will also be introduced to provide users with verified identity information, including the developer’s name, address, and contact details. Which will make the users more informed about the valuable information of the app developers.
Key highlights of the Google Play Polic
- Google Play came up with the policy to keep the platform safe by verifying the developers’ identity and it will also help to reduce the spread of malware apps and help the users to make confident informed decisions about the apps they download. Google Play announced the policy by expanding its developer verification requirement to strengthen Google Play as a platform and build user trust. When you create a new Play Console Developer account and choose organisation as your account type you will now need to provide a D-U-N-S number.
- Users will get detailed information about the developers’ identities and contact information, building more transparency and encouraging responsible app development practices.
- This policy will enable the users to make informed choices about the apps they download.
- The new “App support” section will provide enhanced communication between users and developers by displaying support email addresses, website and support phone numbers, streamlining the support process and user satisfaction.
Timeline and Implementation
The new policy requirements for D-U-N-S numbers will start rolling out on 31 August 2023 for all new Play Console developer accounts. The “About the developer” section will be visible to users as soon as a new app is published. and In October 2023, existing developers will also be required to update and verify their existing accounts to comply with the new verification policy.
Conclusion
Google Play’s new policy will aim to enhance the more transparent app ecosystem. This new policy will provide the users with more information about the developers. Google Play aims to establish a platform where users can confidently discover and download apps. This new policy will enhance the user experience on google play in terms of a reliable and trustworthy platform.
Introduction
In recent years, India has witnessed a significant rise in the popularity and recognition of esports, which refers to online gaming. Esports has emerged as a mainstream phenomenon, influencing players and youngsters worldwide. In India, with the penetration of the internet at 52%, the youth has got its attracted to Esports. In this blog post, we will look at how the government is booting the players, establishing professional leagues, and supporting gaming companies and sponsors in the best possible manner. As the ecosystem continues to rise in prominence and establish itself as a mainstream sporting phenomenon in India.
Factors Shaping Esports in India: A few factors are shaping and growing the love for esports in India here. Let’s have a look.
Technological Advances: The availability and affordability of high-speed internet connections and smart gaming equipment have played an important part in making esports more accessible to a broader audience in India. With the development of smartphones and low-cost gaming PCs, many people may now easily participate in and watch esports tournaments.
Youth Demographic: India has a large population of young people who are enthusiastic gamers and tech-savvy. The youth demographic’s enthusiasm for gaming has spurred the expansion of esports in the country, as they actively participate in competitive gaming and watch major esports competitions.
Increase in the Gaming community: Gaming has been deeply established in Indian society, with many people using it for enjoyment and social contact. As the competitive component of gaming, esports has naturally gained popularity among gamers looking for a more competitive and immersive experience.
Esports Infrastructure and Events: The creation of specialised esports infrastructure, such as esports arenas, gaming cafés, and tournament venues, has considerably aided esports growth in India. Major national and international esports competitions and leagues have also been staged in India, offering exposure and possibilities for prospective esports players. Also supports various platforms such as YouTube, Twitch, and Facebook gaming, which has played a vital role in showcasing and popularising Esports in India.
Government support: Corporate and government sectors in India have recognised the potential of esports and are actively supporting its growth. Major corporate investments, sponsorships, and collaborations with esports organisations have supplied the financial backing and resources required for the country’s esports development. Government attempts to promote esports have also been initiated, such as forming esports governing organisations and including esports in official sporting events.
Growing Popularity and Recognition: Esports in India has witnessed a significant surge in viewership and fanbase, all thanks to online streaming platforms such as Twitch, YouTube which have provided a convenient way for fans to watch live esports events at home and at high-definition quality social media platforms let the fans to interact with their favourite players and stay updated on the latest esports news and events.
Esports Leagues in India
The organisation of esports tournaments and leagues in India has increased, with the IGL being one of the largest and most popular. The ESL India Premiership is a major esports event the Electronic Sports League organised in collaboration with NODWIN Gaming. Viacom18, a well-known Indian media business, established UCypher, an esports league. It focuses on a range of gaming games such as CS: GO, Dota 2, and Tekken in order to promote esports as a professional sport in India. All of these platforms provide professional players with a venue to compete and establish their profile in the esports industry.
India’s Performance in Esports to Date
Indian esports players have achieved remarkable global success, including outstanding results in prominent events and leagues. Individual Indian esports players’ success stories illustrate their talent, determination, and India’s ability to flourish in the esports sphere. These accomplishments contribute to the worldwide esports landscape’s awareness and growth of Indian esports. To add the name of the players and their success stories that have bought pride to India, they are Tirth Metha, Known as “Ritr”, a CS:GO player, Abhijeet “Ghatak”, Ankit “V3nom”, Saloni “Meow16K”.Apart from this Indian women’s team has also done exceptionally well in CS:GO and has made it to the finale.
Government and Corporate Sectors support: The Indian esports business has received backing from the government and corporate sectors, contributing to its growth and acceptance as a genuine sport.
Government Initiatives: The Indian government has expressed increased support for esports through different initiatives. This involves recognising esports as an official sport, establishing esports regulating organisations, and incorporating esports into national sports federations. The government has also announced steps to give financial assistance, subsidies, and infrastructure development for esports, therefore providing a favourable environment for the industry’s growth. Recently, Kalyan Chaubey, joint secretary and acting CEO of the IOA, personally gave the athletes cutting-edge training gear during this occasion, providing kits to the players. The kit includes the following:
Advanced gaming mouse.
Keyboard built for quick responses.
A smooth mousepad
A headphone for crystal-clear communication
An eSports bag to carry the equipment.
Corporate Sponsorship and Partnerships
Indian corporations have recognised esports’ promise and actively sponsored and collaborated with esports organisations, tournaments, and individual players. Companies from various industries, including technology, telecommunications, and entertainment, have invested in esports to capitalise on its success and connect with the esports community. These sponsorships and collaborations give financial support, resources, and visibility to esports in India. The leagues and championships provide opportunities for young players to showcase their talent.
Challenges and future
While esports provides great job opportunities, several obstacles must be overcome in order for the industry to expand and gain recognition:
Infrastructure & Training Facilities: Ensuring the availability of high-quality training facilities and infrastructure is critical for developing talent and allowing players to realise their maximum potential. Continued investment in esports venues, training facilities, and academies is critical for the industry’s long-term success.
Fostering a culture of skill development and giving outlets for formal education in esports would improve the professionalism and competitiveness of Indian esports players. Collaborations between educational institutions and esports organisations can result in the development of specialised programs in areas such as game analysis, team management, and sports psychology.
Establishing a thorough legal framework and governance structure for esports will help it gain legitimacy as a professional sport. Clear standards on player contracts, player rights, anti-doping procedures, and fair competition policies are all part of this.
Conclusion
Esports in India provide massive professional opportunities and growth possibilities for aspiring esports athletes. The sector’s prospects are based on overcoming infrastructure, perception, talent development, and regulatory barriers. Esports may establish itself as a viable and acceptable career alternative in India with continued support, investment, and stakeholder collaboration
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
