DPDP Bill 2023 A Comparative Analysis

Introduction

In September 2024, the Australian government announced the  Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 ( CLA Bill 2024 hereon), to provide new powers to the Australian Communications and Media Authority (ACMA), the statutory regulatory body for Australia's communications and media infrastructure, to combat online misinformation and disinformation. It proposed allowing the ACMA to hold digital platforms accountable for the “seriously harmful mis- and disinformation” being spread on their platforms and their response to it, while also balancing freedom of expression. However, the Bill was subsequently withdrawn, primarily over concerns regarding the possibility of censorship by the government. This development is reflective of the global contention on the balance between misinformation regulation and freedom of speech. 

Background and Key Features of the Bill

According to the BBC’s Global Minds Survey of 2023, nearly 73% of Australians struggled to identify fake news and AI-generated misinformation. There has been a substantial rise in misinformation on platforms like Facebook, Twitter, and TikTok since the COVID-19 pandemic, especially during major events like the bushfires of 2020 and the 2022 federal elections. The government’s campaign against misinformation was launched against this background, with the launch of The Australian Code of Practice on Disinformation and Misinformation in 2021. The main provisions of the CLA Bill, 2024 were: 

1. Core Transparency Obligations of Digital Media Platforms: Publishing current media literacy plans,  risk assessment reports, and policies or information on their approach to addressing mis- and disinformation. The ACMA would also be allowed to make additional rules regarding complaints and dispute-handling processes.
2. Information Gathering and Record-Keeping Powers: The ACMA would form rules allowing it to gather consistent information across platforms and publish it. However, it would not have been empowered to gather and publish user information except in limited circumstances.
3. Approving Codes and Making Standards: The ACMA would have powers to approve codes developed by the industry and make standards regarding reporting tools, links to authoritative information, support for fact-checking, and demonetisation of disinformation. This would make compliance mandatory for relevant sections of the industry. 
4. Parliamentary Oversight: The transparency obligations, codes approved and standards set by ACMA under the Bill would be subject to parliamentary scrutiny and disallowance. ACMA would be required to report to the Parliament annually. 
5. Freedom of Speech Protections: End-users would not be required to produce information for ACMA unless they are a person providing services to the platform, such as its employees or fact-checkers. Further,  it would not be allowed to call for removing content from platforms unless it involved inauthentic behavior such as bots. 
6. Penalties for Non-Compliance: ACMA would be required to employ a “graduated, proportionate and risk-based approach” to non-compliance and enforcement in the form of formal warnings, remedial directions, injunctions, or significant civil penalties as decided by the courts, subject to review by the Administrative Review Tribunal (ART). No criminal penalties would be imposed.

Key Concerns

• Inadequacy of Freedom of Speech Protections: The biggest contention on this Bill has been regarding the issue of possible censorship, particularly of alternative opinions that are crucial to the health of a democratic system. To protect the freedom of speech, the Bill defined mis- and disinformation, what constitutes “serious harm” (election interference, harming public health, etc.), and what would be excluded from its scope. However, reservations among the Opposition persisted due to the lack of a clear mechanism to protect divergent opinions from the purview of this Bill. 
• Efficacy of Regulatory Measures: Many argue that by allowing the digital platform industry to make its codes, this law lets it self-police. Big Tech companies have no incentive to curb misinformation effectively since their business models allow them to reap financial benefits from the rampant spread of misinformation. Unless there are financial non- or dis- incentives to curb misinformation, Big Tech is not likely to address the situation at war footing.  Thus, this law would run the risk of being toothless. Secondly, the Bill did not require platforms to report on the “prevalence of” false content which, along with other metrics,  is crucial for researchers and legislators to track the efficacy of the current misinformation-curbing practices employed by platforms.  
• Threat of Government Overreach:  The Bill sought to expand the ACMA’s compliance and enforcement powers concerning misinformation and disinformation on online communication platforms by giving it powers to form rules on information gathering, code registration, standard-making powers, and core transparency obligations. However, even though the ACMA as a regulatory authority is answerable to the Parliament, the Bill was unclear in defining limits to these powers. This raised concerns from civil society about potential government overreach in a domain filled with contextual ambiguities regarding information.

Conclusion

While the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill sought to equip the ACMA with tools to hold digital platforms accountable and mitigate the harm caused by false information, its critique highlights the complexities of regulating such content without infringing on freedom of speech. Legislations and proposals regarding the matter all over the world are having to contend with this challenge. Globally, legislation and proposals addressing this issue face similar challenges, emphasizing the need for a continuous discourse at the intersection of platform accountability, regulatory restraint, and the protection of diverse viewpoints.

To regulate Big Tech effectively, governments can benefit from adopting a consultative, incremental, and cooperative approach, as exemplified by the European Union’s Digital Services Act 2023. Such a framework provides for a balanced response, fostering accountability while safeguarding democratic freedoms.

Resources

• https://www.infrastructure.gov.au/sites/default/files/documents/factsheet-misinformation-disinformation-bill.pdf 
• https://www.infrastructure.gov.au/have-your-say/new-acma-powers-combat-misinformation-and-disinformation 
• https://www.mi-3.com.au/07-02-2024/over-80-australians-feel-they-may-have-fallen-fake-news-says-bbc 
• https://www.hrlc.org.au/news/misinformation-inquiry 
• https://humanrights.gov.au/our-work/legal/submission/combatting-misinformation-and-disinformation-bill-2024 
• https://www.sbs.com.au/news/article/what-is-the-misinformation-bill-and-why-has-it-triggered-worries-about-freedom-of-speech/4n3ijebde 
• https://www.hrw.org/report/2023/06/14/no-internet-means-no-work-no-pay-no-food/internet-shutdowns-deny-access-basic#:~:text=The%20Telegraph%20Act%20allows%20authorities,preventing%20incitement%20to%20the%20commission 
• https://www.hrlc.org.au/submissions/2024/11/8/submission-combatting-misinformation?utm_medium=email&utm_campaign=Media%20Release%20Senate%20Committee%20to%20hear%20evidence%20calling%20for%20Albanese%20Government%20to%20regulate%20and%20hold%20big%20tech%20accountable%20for%20misinformation&utm_content=Media%20Release%20Senate%20Committee%20to%20hear%20evidence%20calling%20for%20Albanese%20Government%20to%20regulate%20and%20hold%20big%20tech%20accountable%20for%20misinformation+Preview+CID_31c6d7200ed9bd2f7f6f596ba2a8b1fb&utm_source=Email%20campaign&utm_term=Read%20the%20Human%20Rights%20Law%20Centres%20submission%20to%20the%20inquiry

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Introduction

In the multifaceted world of international trade and finance, cross-border transactions constitute the heart of economic relationships that span the globe. The threads that intertwine forming the fabric of global commerce are ceaselessly dynamic and exhibit an intricate pattern of complexity especially when it comes to the regulated movement of capital. It's a domain where economies connect, where businesses engage in sublime commerce, and where technology and regulation intersect at critical juncture. These guidelines will play a critical role in the regulation of capital, fortification of financial integrity, and transparency of regulatory and cross-border payments. The key highlights of this regulation include strict pre-authorization for non-bank entities, mandating specific accounts for import and export PA-CBs and a transaction ceiling of 25,00,000 Rupees.

The Vigilance of RBI 

The Reserve Bank of India (RBI), ever vigilant in its shepherding role over the nation's financial stability and integrity, has taken decisive strides to dispel the haze that once clouded this critical sector. With the issuance of a revelatory circular dated October 31, 2023, the RBI has unveiled a groundbreaking framework that redefines the terrain for these pivotal financial entities, aptly christened as Payment Aggregators – Cross Border (PA-CB). In deploying this comprehensive array of regulations, the RBI demonstrates a robust commitment to harmonizing and synchronizing the oversight of payments within the country's financial fabric, extending its meticulous regulatory weave from domestic Payment Aggregators (PAs) to the PA-CBs, a sector previously undistinguished in formal oversight.

The prescriptive measures announced by the RBI are nothing short of a regulatory beacon that cuts through the fog of uncertainty, illuminating a clear path forward for entities dedicated to facilitating cross-border payment transactions pertaining to the import and export of permissible goods and services in India through online modes. Inclusiveness is a hallmark of the RBI’s directive, encompassing a diverse cadre of financial actors, ranging from Authorized Dealer (AD) banks and conventional Payment Aggregators (PAs), to the emergent breed of PA-CBs actively engaged in processing these critical international payment transactions.

Key Aspects of Regulation

One of the most striking aspects of this new regulatory regime is the RBI's insistence on pre-authorization. All non-bank entities providing PA-CB services are impelled to apply to the apex bank for authorisation by April 30, 2024. This is far from a perfunctory gesture; it represents a profound departure from the bygone era when these entities functioned under a patchwork of provisional guidelines and ad-hoc circulars. Indeed, with this resolute move, the RBI signals its intention to embrace these entities within its direct regulatory gambit, an acknowledgement of the shifting tides and progressive intricacies characteristic of cross-border payments.

The tapestry of new rules is complex, setting forth an array of prerequisites for entities aspiring for authorization. For instance, non-bank PA-CBs are obliged to register with the Financial Intelligence Unit-India (FIU-IND) as a preliminary step before commencing the application process. Moreover, the financial benchmarks set are notably rigorous. Non-banks must boast a minimum net worth of ₹15 crores at the time of the application—a figure that escalates to a robust ₹25 crores by the fiscal deadline of March 31, 2026.

Way Forward

As if these requirements weren't indicative enough of the RBI’s penchant for detail and precision, the guidelines become yet more granular when addressing specific types of PA-CBs. Import-only PA-CBs are mandatorily obliged to maintain an Import Collection Account (ICA) with an AD Category-I scheduled commercial bank, while export-only PA-CBs are instructed to maintain an Export Collection Account (ECA), which can be maintained in Indian Rupees (INR) or any permissible foreign currency. The nuance here is palpable; payments for import transactions must be received in a meticulously managed escrow account of the PA, prior to being funneled into the ICA for smooth settlement with overseas merchants.

Conversely, export-only PA-CBs' proceeds from international sales must be swiftly credited to the relevant currency ECA. This meticulous accounting ensures that the flow of funds is both transparent and traceable, adhering to the utmost standards of financial probity.

Yet, perhaps the most emphatic of the RBI's pronouncements is the establishment of a transaction ceiling. PA-CBs have their per-transaction limit capped at ₹25,00,000 for each unit of goods or services exchanged. This calculated move is transparent in its objective to mitigate risk—a crucial aspect when one considers the potential implications of these transactions on the country’s fiscal health and the integrity of its financial systems.

It is no exaggeration to declare that with these guidelines, the RBI is effectuating a seismic shift in the regulation of cross-border payment transactions. There's a fundamental transformation taking place—a metamorphosis—from a loosely defined existence of PA-CBs to one of distinct clarity, under the direct and unswerving supervisory gaze of the regulator. The compliance burden, indeed, has become heavier, yet the return is a compass that points decisively towards secure harbours.

As we embark upon the fresh horizons that these rules bring into view, it is imperative to acknowledge that the RBI's regulatory innovations represent far more than a mere codification of dos and don'ts. They embody a visionary stride towards safeguarding and fortifying the architecture of international payments, a critical component of India's burgeoning presence on the world economic stage.

Conclusion 

The journey ahead, as we navigate these newly charted waters with the RBI's guidelines as our steadfast North Star, will no doubt be replete with challenges, adaptations and learning curves for the array of operational entities. But it is with confidence we can say, the path is set; the map is clear. The complex labyrinth of cross-border financial transactions is now demystified, and the RBI's clarion call beckons us towards a future marked by regulation, security, and above all else, reliability in the cosmopolitan tapestry of global trade. RBI’s guidelines provide a comprehensive framework for standardizing cross-border financial transactions in India. This decision is a monumental step towards maintaining cyber peace in cyberspace. 

References:

• https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=12561&Mode=0
• https://www2.deloitte.com/in/en/pages/tax/articles/tax-alert-Regulation-of-payment-aggregator-cross-border-pa-cb.html
• https://www.jsalaw.com/newsletters-and-updates/rbis-new-guidelines-to-govern-payment-aggregators-in-cross-border-transactions/ 

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Executive Summary:

In the digital world, people are becoming targets more and more of online scams, which rely on deception. One of the ways the social media is being used for the elections in recent time, is the "BJP - Election Bonus" offer that promises a cash prize of Rs. 5000 or more, through some easy questionnaire. This article provides the details of this swindle and reveals its deceptive tricks as well as gives a set of recommendations on how to protect yourself from such online fraud, especially during the upcoming elections.

False Claim:

The "BJP - Election Bonus" campaign boasts that by taking a few clicks of the mouse, users will get a cash prize. This scheme is nothing but a fake association with the Bharatiya Janata Party (BJP)’s Government and Prime Minister Shri Narendra Modi and therefore, it uses the images and brands of both of them to give the scheme an impression of legitimacy. The imposters are taking advantage of the public's trust for the Government and the widespread desire for remuneration to ensnare the unaware victims, specifically before the upcoming Lok Sabha elections.

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The Deceptive Scheme:

• Tempting Social Media Offer: The fraud begins with an attractive link on the social media platforms. The scammers say that the proposal is related to the Bharatiya Janata Party (BJP) with the caption of “The official party has prepared many gifts for their supporters.” accompanied by an image of  the Prime Minister Shri Narendra Modi.

• Luring with Money: The offer promises to give Rs.5,000 or more. This is aimed at drawing in people specifically during election campaigns; and people’s desire for financial gain.

• Tricking with Questions: When the link is clicked, the person is brought to the page with the simple questions. The purpose of these questions is to make people feel safe and believe that they have been selected for an actual government’s program.

• The Open-the-Box Trap: Finally, the questions are answered and the last instruction is to open-the-box for the prize. However, this is just a tactic for them to make you curious about the reward.

• Fake Reward and Spreading the Scam: Upon opening the box, the recipient will be greeted with the text of Rs. 5000. However, this is not true; it is just a way to make them share the link on WhatsApp, helping the scammers to reach more victims.

The fraudsters use political party names and the Prime Minister's name to increase the plausibility of it, although there is no real connection. They employ the people's desire for monetary help, and also the time of the elections, making them susceptible to their tricks.

Analytical Breakdown:

• The campaign is a cleverly-created scheme to lure people by misusing the trust they have in the Government. By using BJP's branding and the Prime Minister's photo, fraudsters aim to make their misleading offer look credible. Fake reviews and cash reward are the two main components of the scheme that are intended to lure users into getting involved, and the end result of this is the path of deception.
• Through sharing the link over WhatsApp, users become unaware accomplices that are simply assisting the scammers to reach an even bigger audience and hence their popularity, especially with the elections around the corner.
• On top of this, the time of committing this fraud is very disturbing, as the election is just round the corner. Scammers do this in the context of the political turmoil and the spread of unconfirmed rumors and speculation about the upcoming elections in the same way they did earlier. The fraudsters are using this strategy to take advantage of the political affiliations by linking their scam to the Political party and their Leaderships.

• We have also cross-checked and as of now there is no well established and credible source or any official notification that has confirmed such an offer advertised by the Party.

• Domain Analysis: The campaign is hosted on a third party domain, which is different from the official website, thus creating doubts. Whois information reveals that the domain has been registered not long ago. The domain was registered on 29th march 2024, just a few days back.   

• Domain Name: PSURVEY[.]CYOU
• Registry Domain ID: D443702580-CNIC
• Registrar WHOIS Server: whois.hkdns.hk
• Registrar URL: http://www.hkdns.hk
• Updated Date: 2024-03-29T16:18:00.0Z
• Creation Date: 2024-03-29T15:59:17.0Z (Recently Created)
• Registry Expiry Date: 2025-03-29T23:59:59.0Z
• Registrant State/Province: Anhui
• Registrant Country: CN (China)
• Name Server: NORMAN.NS.CLOUDFLARE.COM
• Name Server: PAM.NS.CLOUDFLARE.COM

Note: Cybercriminals used Cloudflare technology to mask the actual IP address of the fraudulent website.

CyberPeace Advisory and Best Practices:

• Be careful and watchful for any offers that seem too good to be true online, particularly during election periods. Exercise caution at a high level when you come across such offers, because they are usually accompanied by dishonest schemes.

• Carefully cross-check the authenticity of every campaign or offer you’re considering before interacting with it. Do not click on suspicious links and do not share private data that can be further used to run the scam.

• If you come across any such suspicious activity or if you feel you have been scammed, report it to the relevant authorities, such as the local police or the cybercrime section. Reporting is one of the most effective instruments to prevent the spread of these misleading schemes and it can support the course of the investigations.

• Educate yourselves and your families on the usual scammers’ tricks, including their election-related strategies. Prompt people to think critically and a good deal of skepticism when they meet online offers and promotions that evoke a possibility to obtain money or rewards easily.

• Ensure that you are always on a high level of alert as you explore the digital field, especially during elections. The authenticity of the information you encounter should always be verified before you act on it or pass it over to someone else.

• In case you have any doubt or worry regarding a certain e-commerce offer or campaign, don’t hesitate to ask for help from reliable sources such as Cybersecurity experts or Government agencies. A consultation with credible sources will assist you in coming up with informed decisions and guarding yourself against being navigated by these schemes.

Conclusion:

The "BJP - Election Bonus" campaign is a real case study of how Internet fraud is becoming more popular day by day, particularly before the elections. Through the awareness of the tactics employed by these scammers and their abuse of the community's trust in the Government and political figures, we can equip ourselves and our communities to avert becoming the victim of such fraudulent schemes. As a team, we can collectively strive for a digital environment free of threats and breaches of security, even in times of high political tension that accompany elections.

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