#FactCheck - AI Artwork Misattributed: Mahendra Singh Dhoni Sand Sculptures Exposed as AI-Generated

Introduction

Cyber slavery has emerged as a serious menace. Offenders target innocent individuals, luring them with false promises of employment, only to capture them and subject them to horrific torture and forced labour. According to reports, hundreds of Indians have been imprisoned in 'Cyber Slavery' in certain Southeast Asian countries. Indians who have travelled to South Asian nations such as Cambodia in the hopes of finding work and establishing themselves have fallen victim to the illusion of internet slavery. According to reports, 30,000 Indians who travelled to this region on tourist visas between 2022 and 2024 did not return. India Today’s coverage demonstrated how survivors of cyber slavery who have somehow escaped and returned to India have talked about the terrifying experiences they had while being coerced into engaging in cyber slavery.

Tricked by a Job Offer, Trapped in Cyber Slavery

India Today aired testimonials of cyber slavery victims who described how they were trapped. One individual shared that he had applied for a well-paying job as an electrician in Cambodia through an agent in Delhi. However, upon arriving in Cambodia, he was offered a job with a Chinese company where he was forced to participate in cyber scam operations and online fraudulent activities.

He revealed that a personal system and mobile phone were provided, and they were compelled to cheat Indian individuals using these devices and commit cyber fraud. They were forced to work 12-hour shifts. After working there for several months, he repeatedly requested his agent to help him escape. In response, the Chinese group violently loaded him into a truck, assaulted him, and left him for dead on the side of the road. Despite this, he managed to survive. He contacted locals and eventually got in touch with his brother in India, and somehow, he managed to return home.

This case highlights how cyber-criminal groups deceive innocent individuals with the false promise of employment and then coerce them into committing cyber fraud against their own country. According to the Ministry of Home Affairs' Indian Cyber Crime Coordination Center (I4C), there has been a significant rise in cybercrimes targeting Indians, with approximately 45% of these cases originating from Southeast Asia.

CyberPeace Recommendations

Cyber slavery has developed as a serious problem, beginning with digital deception and progressing to physical torture and violent actions to commit fraudulent online acts. It is a serious issue that also violates human rights. The government has already taken note of the situation, and the Indian Cyber Crime Coordination Centre (I4C) is taking proactive steps to address it. It is important for netizens to exercise due care and caution, as awareness is the first line of defence. By remaining vigilant, they can oppose and detect the digital deceit of phony job opportunities in foreign nations and the manipulative techniques of scammers. Netizens can protect themselves from significant threats that could harm their lives by staying watchful and double-checking information from reliable sources.

References

1. CyberPeace Highlights Cyber Slavery: A Serious Concern https://www.cyberpeace.org/resources/blogs/cyber-slavery-a-serious-concern
2. https://www.indiatoday.in/india/story/india-today-operation-cyber-slaves-stories-of-golden-triangle-network-of-fake-job-offers-2642498-2024-11-29
3. https://www.indiatoday.in/india/video/cyber-slavery-survivors-narrate-harrowing-accounts-of-torture-2642540-2024-11-29?utm_source=washare

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Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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Introduction

Recently, a Consultation Paper on Regulatory Mechanisms for Over-The-Top (OTT) Communication Services was published by the Telecom Regulatory Authority of India (TRAI). The paper explores several OTT regulation-related challenges and solicits input from stakeholders on a suggested regulatory framework. We’ll summarise the paper’s main conclusions in this blog.

Structure of the Paper

The Telecom Regulatory Authority of India’s Consultation Paper on Regulatory Mechanism for Over-The-Top (OTT) Communication Services and Selective Banning of OTT Services intends to solicit comments and recommendations from stakeholders about the regulation of OTT services in India. The paper is broken up into five chapters that cover the introduction and background, issues with regulatory mechanisms for OTT communication services, issues with the selective banning of OTT services, a summary of the issues for consultation, and an overview of international practices on the topic. Written comments from interested parties are requested and may be sent electronically to the Advisor (Networks, Spectrum and Licencing) at TRAI. These comments will also be posted on the TRAI website.

Overview of the Paper

• Chapter 1: Introduction and Background

• The first chapter of the essay introduces the subject of OTT communication services and argues why regulatory frameworks are necessary. The chapter also gives a general outline of the topics and the paper’s organisation that will be covered in the following chapters.

• Chapter 2: Examination of the Issues Related to Regulatory Mechanism for Over-The-Top Communication Services

• The second chapter of the essay looks at the problems with OTT communication service regulation. It talks about the many kinds of OTT services and how they affect the conventional telecom sector. The chapter also looks at the regulatory issues raised by OTT services and the various strategies used by various nations to address them.

• Chapter 3: Examination of the Issues Related to Selective Banning of OTT Services

• The final chapter of the essay looks at the problems of selectively outlawing OTT services. It analyses the justifications for government restrictions on OTT services as well as the possible effects of such restrictions on consumers and the telecom sector. The chapter also looks at the legal and regulatory structures that determine how OTT services are prohibited in various nations.

• Chapter 4: International Practices

• An overview of global OTT communication service best practices is given in the paper’s fourth chapter. It talks about the various regulatory strategies used by nations throughout the world and how they affect consumers and the telecom sector. The chapter also looks at the difficulties regulators encounter when trying to create efficient regulatory frameworks for OTT services.

• Chapter 5: Issues for Consultation

• This chapter is the spirit of the consultation paper as it covers the points and questions for consultation. This chapter has been classified into two sub-sections – Issues Related to Regulatory Mechanisms for OTT Communication Services and Issues Related to the Selective Banning of OTT Services. The inputs will be entirely focused on these sub headers, and the scope, extent, and ambit of the consultation paper rests on these questions and necessary inputs.

Conclusion

An important publication that aims to address the regulatory issues raised by OTT services is the Consultation Paper on Regulatory Mechanisms for Over-The-Top Communication Services. The paper offers a thorough analysis of the problems with OTT service regulation and requests input from stakeholders on the suggested regulatory structure. In order to make sure that the regulatory framework is efficient and advantageous for everyone, it is crucial for all stakeholders to offer their opinion on the document.