#FactCheck - "AI-Generated Image of UK Police Officers Bowing to Muslims Goes Viral”

Introduction

The nation got its first consolidated data protection regulation in the form of the Digital Personal Data Protection Act, 2023, in the month of August, and the Indian netizens got their independence in terms of data protection and privacy. The act lays heavy penalties for non-compliance with the provisions, and the same is under the jurisdiction of a Data Protection Board set up by the Central Government, which enjoys powers equivalent to a civil court. The act upholds the right to data privacy as the fundamental right under Article 19 (1)(A) and 21 of the Constitution of India. The same has been judicially supported in the form of the landmark judgement,  Jus. K.S Puttawamy vs. Union of India of 2018. Let us take a look at the impact the act will make on the Indian netizens. 

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What is Personal Data? 

Personal Data refers to any form of digitised data which can be directly replicated by any person. This includes email IDs, mobile numbers, health data, banking data, photos, etc. A person to whom the personal data belongs is called the Data Principle. A Data principle is anyone who is above the age of 18 years and consents to the data of children/minors. In the case of children/minors, it is mandatory for the parents or guardians to provide their express consent for the processing of personal data for all or any purposes. Any individual who is processing personal data is known as the Data Fiduciry, and individuals registered under the act may act as consent managers to make the consent transparent.  When it comes to the rights of the netizens, it is seen that the act is created with an aspect of  “Safety by Design” to secure the rights and responsibilities of the netizens. 

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Rights secured under the DPDP Act 2023

• Right to Grievance Redressal: The Data fiduciary and the consent manager are required to respond to the grievances of the Data Principal within a time period, which is soon to be prescribed, thus creating a blanket of responsibility for the data fiduciary and consent manager. 
• Right to Nominate: Data Principals have the right to nominate any other individual who shall, in the event of death or incapacity of the data principal, exercise his/her rights.  
• Right to access to information: The Data principal has the right to seek confirmation from Data fiduciaries regarding the processing of their personal data and the summary of the processed data as well. 
• Right to Erasure and Correction: Data principals can reach out to the data fiduciaries in order to exercise their right to correct, complete, update and erasure of their personal data.  
• Territorial Rights: The data is to be processed within India, and processing outside India should be in regard to the services provided in India. 
• Material Rights: The rights are applicable to any personal data collected in digitised form and also for the data collected in a non-digital form but subsequently digitised. 

Obligations for Data Fiduciaries 

The data fiduciaries are mandated to oblige with the following provisions in order to maintain compliance with the laws of the land and by securing the Digital rights of the netizens. 

These are the obligations of the data fiduciaries: 

• Implement technical and organisational measures to safeguard Personal Data. 
• Determine the legal grounds for processing and obtaining consent from Data principals where required. 
• Provide a privacy notice while obtaining consent from Data principals. 
• Implement a mechanism for data principals to exercise their rights.
• Implement a grievance redressal mechanism for handling the queries from Data principals. 
• Irrecoverably delete personal data after the purpose for which it was collected has expired or when the consent has been withdrawn. 
• Have a breach management policy to notify the data protection board and the data principals in accordance with prescribed timelines. 
• Sign a valid contract with Data processors to ensure key obligations are abided by them, including timely deletion of data. 

Conclusion 

As the world steps into the digital age, it is pertinent for the governments of the world to come up with efficient and effective legislation to protect cyber rights and responsibilities, but as cyberspace has no boundaries, nations need to work in synergy to protect their cyber interests and netizens. This can only begin once all nations have indigenous Cyber laws and rights to protect netizens, and the same has been addressed by the Indian Government in the form of the Digital Perosnl Data Protection Act, 2023. The future is full of emerging technologies and the evolution of cyber laws; hence, consolidating a basic legal structure now is of utmost importance and the same is expected to be strengthened in India by the soon-to-be-released Draft Digital India Bill.  

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Tech News overview

Recently, the TRAI has passed some recommendations that benefit the telecommunications industry in India. The suggestion is to lower the entry fees and bank guarantees on the 26th of July 20, 2022. Then wrote a few consulting papers, countering comments by the stakeholders of various companies. 

In a significant move, TRAI (Telecom Regulatory Authority of India) has proposed spacious changes in terms of entry fees and bank guarantees in the telecom sector. These endorsements have been abeyant to escort the new era of competition, investment, and innovation, reshaping India’s telecommunication landscape.

Proposal Points by TRAI to telecom companies:

As we dive into considering the recommendations by TRAI  into the crucial aspects of the telecom industry, deliberate about the significance of entry fees, the importance of banks, and the guarantees.

1. Entry fees: Entry fees are the advance key point that upholds the charges that telecom companies pay to the government when they want to offer services to the civilians of the country. The amount they pay is quite hefty and usually non-refundable.
2. Bank guarantee: An important factor that is also a type of security, the financial security that assures the telecom companies to fulfil their financial obligations and follow the regulations and policy conditions specified in their license agreement.
3. TRAI roleplay: The Telecom Regulatory Authority of India is an authority responsible for supervising the telecom industry in the country. Making sure that the regulations and recommendations such as entry fees and bank guarantees are working in the proper way or not, a supervision of such things. 
4. Expected outcomes: TRAI focuses on reducing the entry fees for various types of licenses in the other telecom sector. This step encourages other new telecom operators to enter the market and increase the fair price and investment, which leads to enhancing the competition.
5. Consolidating Bank guarantees: TRAI also proposed an amalgamation of bank guarantees, which means telecom companies are required to maintain separate guarantees for different business licenses, which makes business doing sectors an easy environment.
6. No entry fee at the time of License Renewal: Recommendations by TRAI by not charging any entry fees when telecom operators renew their licenses. This step can reduce the financial burden on both existing and new entrants,, specifically for UL(VNO)license shareholders.

Reshaping the telecom panorama:

Recommendation by TRAI that can potentially help in reshaping the Telecoms landscape in India in various aspects:

• Increment in healthy Competition: By reducing the entry fees, TRAI would be creating a platform profitable and affordable for new market players in India.
• Market enlargement: Lowering the entry fees might lead to the participation of new entrants, including regional and smaller players,, to get involved in the telecom industry. 
• Due to the market expansion, the outcomes can potentially lead to improved access to telecom services in underdeveloped areas and regions and contribute to digital inclusion.
• Job Recruitment: The evolution in the telecom industry due to new operators and increased investment can lead to job uplift in both telecom and industries related to technological infrastructure.
• Choice of preference: As there is a rise in competition, consumers are likely to have many choices when it comes to telecom service providers. The consumers get to select from a wider range of services, leading to better value for money and quality of service.
• Quality of service: With increased competition and a hefty amount of investment, telecom operators have a spur to enhance the quality of service.

Conclusion:

In conclusion, TRAIs proposal on lowering the entry fees and bank guarantee for financial services marks a significant milestone in India’s telecom industry. These essential changes hold the promise of fostering competition, investment, a platform for new entrants, quality of service, wider range of platforms for selection. As these advance suggestions take place, in telecom industry in India is on a new threshold of an existing transformation that could reevaluate the way we communicate and connect.

Reference:

https://www.gearrice.com/update/telecom-companies-will-get-a-sigh-of-relief-on-trais-recommendation-to-the-government-on-entry-fees-and-bank-guarantee/

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Introduction

Election misinformation poses a major threat to democratic processes all over the world. The rampant spread of misleading information intentionally (disinformation) and unintentionally (misinformation) during the election cycle can not only create grounds for voter confusion with ramifications on election results but also incite harassment, bullying, and even physical violence. The attack on the United States Capitol Building in Washington D.C., in 2021, is a classic example of this phenomenon, where the spread of dis/misinformation snowballed into riots. 

Election Dis/Misinformation 

Election dis/misinformation is false or misleading information that affects/influences public understanding of voting, candidates, and election integrity. The internet, particularly social media, is the foremost source of false information during elections. It hosts fabricated news articles, posts or messages containing incorrectly-captioned pictures and videos, fabricated websites, synthetic media and memes, and distorted truths or lies. In a recent example during the 2024 US elections, fake videos using the Federal Bureau of Investigation’s (FBI) insignia alleging voter fraud in collusion with a political party and claiming the threat of terrorist attacks were circulated. According to polling data collected by Brookings, false claims influenced how voters saw candidates and shaped opinions on major issues like the economy, immigration, and crime. It also impacted how they viewed the news media’s coverage of the candidates’ campaign. The shaping of public perceptions can thus, directly influence election outcomes. It can increase polarisation, affect the quality of democratic discourse, and cause disenfranchisement. From a broader perspective, pervasive and persistent misinformation during the electoral process also has the potential to erode public trust in democratic government institutions and destabilise social order in the long run.  

Challenges In Combating Dis/Misinformation

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1. Platform Limitations:  Current content moderation practices by social media companies struggle to identify and flag misinformation effectively. To address this, further adjustments are needed, including platform design improvements, algorithm changes, enhanced content moderation, and stronger regulations.

2. Speed and Spread: Due to increasingly powerful algorithms, the speed and scale at which misinformation can spread is unprecedented. In contrast, content moderation and fact-checking are reactive and are more time-consuming. Further, incendiary material, which is often the subject of fake news, tends to command higher emotional engagement and thus, spreads faster (virality). 

3. Geopolitical influences: Foreign actors seeking to benefit from the erosion of public trust in the USA present a challenge to the country's governance, administration and security machinery. In 2018, the federal jury indicted 11 Russian military officials for alleged computer hacking to gain access to files during the 2016 elections.  Similarly, Russian involvement in the 2024 federal elections has been alleged by high-ranking officials such as White House national security spokesman John Kirby, and Attorney General Merrick Garland. 

4. Lack of Targeted Plan to Combat Election Dis/Misinformation:  In the USA,  dis/misinformation is indirectly addressed through laws on commercial advertising, fraud, defamation, etc. At the state level, some laws such as Bills AB 730, AB 2655, AB 2839, and AB 2355 in California target election dis/misinformation. The federal and state governments criminalize false claims about election procedures, but the Constitution mandates  “breathing space” for protection from false statements within election speech. This makes it difficult for the government to regulate election-related falsities.

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CyberPeace Recommendations

1. Strengthening Election Cybersecurity Infrastructure: To build public trust in the electoral process and its institutions, security measures such as updated data protection protocols, publicized audits of election results, encryption of voter data, etc. can be taken. In 2022, the federal legislative body of the USA  passed the Electoral Count Reform and Presidential Transition Improvement Act (ECRA), pushing reforms allowing only a state’s governor or designated executive official to submit official election results, preventing state legislatures from altering elector appointment rules after Election Day and making it more difficult for federal legislators to overturn election results. More investments can be made in training, scenario planning, and fact-checking for more robust mitigation of election-related malpractices online. 
2. Regulating Transparency on Social Media Platforms: Measures such as transparent labeling of election-related content and clear disclosure of political advertising to increase accountability can make it easier for voters to identify potential misinformation. This type of transparency is a necessary first step in the regulation of content on social media and is useful in providing disclosures, public reporting, and access to data for researchers. Regulatory support is also required in cases where popular platforms actively promote election misinformation.
3. Increasing focus on ‘Prebunking’ and Debunking Information: Rather than addressing misinformation after it spreads, ‘prebunking’ should serve as the primary defence to strengthen public resilience ahead of time. On the other hand, misinformation needs to be debunked repeatedly through trusted channels. Psychological inoculation techniques against dis/misinformation can be scaled to reach millions on social media through short videos or messages.
4. Focused Interventions On Contentious Themes By Social Media Platforms: As platforms prioritize user growth, the burden of verifying the accuracy of posts largely rests with users. To shoulder the responsibility of tackling false information, social media platforms can outline critical themes with large-scale impact such as anti-vax content, and either censor, ban, or tweak the recommendations algorithm to reduce exposure and weaken online echo chambers. 
5. Addressing Dis/Information through a Socio-Psychological Lens: Dis/misinformation and its impact on domains like health, education, economy, politics, etc. need to be understood through a psychological and sociological lens, apart from the technological one. A holistic understanding of the propagation of false information should inform digital literacy training in schools and public awareness campaigns to empower citizens to evaluate online information critically. 

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Conclusion

According to the World Economic Forum’s Global Risks Report 2024, the link between misleading or false information and societal unrest will be a focal point during elections in several major economies over the next two years. Democracies must employ a mixed approach of immediate tactical solutions, such as large-scale fact-checking and content labelling, and long-term evidence-backed countermeasures, such as digital literacy, to curb the spread and impact of dis/misinformation.

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Sources

•  https://www.cbsnews.com/news/2024-election-misinformation-fbi-fake-videos/ 
•  https://www.brookings.edu/articles/how-disinformation-defined-the-2024-election-narrative/ 
•  https://www.fbi.gov/wanted/cyber/russian-interference-in-2016-u-s-elections
• https://indianexpress.com/article/world/misinformation-spreads-fear-distrust-ahead-us-election-9652111/ 
•  https://academic.oup.com/ajcl/article/70/Supplement_1/i278/6597032#377629256 
• https://www.brennancenter.org/our-work/policy-solutions/how-states-can-prevent-election-subversion-2024-and-beyond 
•  https://www.bbc.com/news/articles/cx2dpj485nno 
• https://msutoday.msu.edu/news/2022/how-misinformation-and-disinformation-influence-elections 
• https://misinforeview.hks.harvard.edu/article/a-survey-of-expert-views-on-misinformation-definitions-determinants-solutions-and-future-of-the-field/ 
• https://reutersinstitute.politics.ox.ac.uk/sites/default/files/2023-06/Digital_News_Report_2023.pdf 
• https://www.weforum.org/stories/2024/03/disinformation-trust-ecosystem-experts-curb-it/ 
• https://www.apa.org/topics/journalism-facts/misinformation-recommendations 
• https://mythvsreality.eci.gov.in/ 
• https://www.brookings.edu/articles/transparency-is-essential-for-effective-social-media-regulation/ 
• https://www.brookings.edu/articles/how-should-social-media-platforms-combat-misinformation-and-hate-speech/ 

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