#FactCheck - Digitally Altered Video of Olympic Medalist, Arshad Nadeem’s Independence Day Message

Introduction

Since February 2020 the government has been taking keen steps to safeguard the Indian markets and the consumer, this could be seen in the forms of policies and exemptions for the market players and the consumers, however, due to the COVID-19 pandemic, the markets places became vulnerable to loss and various forms of new crimes and frauds. The Government recently tabled the Jan Vishwas bill which is an aftermath of the Vivad se Vishwas Bill, 2020 which was tabled in February 2020 for creating a safe and dynamic market, this bill is a clear example of how AtmaNirbhar Bharat plays a crucial role in nations development.

What is Jan Vishwas Bill, 2022

The Jan Vishwas (Amendment of Provisions) Bill, 2022 is a 108-page bill introduced in the Lok Sabha by the Union Minister of Commerce and Industry, Piyush Goyal. The statement of objects and reasons of the Bill states, “To amend certain enactments for decriminalizing and rationalizing minor offenses to further enhance trust-based governance for ease of living and doing business.” The bill aims to promote ease of doing business in India by decriminalizing minor offences and amending 183 provisions in 42 Acts administered by 19 ministries. The bill proposes to replace minor offences with monetary penalties and rationalize existing monetary penalties based on the gravity of the offences. The Acts to be amended by the bill include-

• Drugs and Cosmetics Act, 1940
• Public Debt Act, 1944
• Pharmacy Act, 1948
• Cinematograph Act, 1952
• Copyright Act, 1957
• Patents Act, 1970
• Environment (Protection) Act, 1986
• Motor Vehicles Act, 1988
• Trade Marks Act, 1999l Railways Act, 1989
• Information Technology Act, 2000
• Prevention of Money-laundering Act, 2002
• Food Safety and Standards Act, 2006
• Legal Metrology Act, 2009
• Factoring Regulation Act, 2011

The bill aims to decriminalize a large number of minor offences and replace them with monetary penalties. This step by the government is a clear indication of how important the market regulations are, in recent times Google was imposed with a penalty of 1300 crores and 900 crores for violating competitive market practices, these penalties, and criminalised actions will ensure proper compliance to laws of the land thus creating a blanket of safeguards for the Indian consumer and netizen.‍

What will the Ease of Business be?

The Government has been critical in pinpointing various parameters and factors to improve the ease of business in the country, this bill comes at the right time when we can see numerous start-ups and entrepreneurs emerging in our country. The parameters are as follows-

• Starting a Business of all
• Dealing with Construction Permits
• Getting Electricity
• Registering Property
• Getting Credit
• Protecting
• Minority Investors
• Paying Taxes
• Trading across Borders
• Enforcing Contracts and Resolving Insolvency

These parameters have been created with a sight on the future of the markets and how external factors like the Russia-Ukraine war can influence the markets. According to Minister Piyush Goyal, the fear of imprisonment for minor offences is a major factor hindering the growth of the business ecosystem and individual confidence in India. The Jan Vishwas Bill, 2022 aims to address this issue by replacing minor offences with monetary penalties. The bill also proposes an increase of 10% in the minimum amount of fine and penalty levied after every three years, once the bill becomes a law.

Conclusion

The bill will create a level playing field for the market players and the consumers with the backing of strong legislation and precedents thus maintaining transparency and accountability in the system. The amended provisions will allow various already existing legislation to come in tune with the current times and emerging technologies. The nation is at a critical juncture to fabricate policies and laws to address the issues and threats of the future and hence such a bill will be the strengthening pillar of the Indian markets and cyber-ecosystem. The Jan Vishwas Bill, 2022 has been referred to a 31-member joint parliamentary committee for scrutiny. The committee includes members from the Lok Sabha and the Rajya Sabha and will submit its report to parliament by the second part of the Budget session in 2023, The members from the Lok Sabha include PP Chaudhary, Sanjay Jaiswal, Queen Ojha, Rajendra Agrawal, Gaurav Gogoi, A Raja, Rajendra Agarwal, Poonam Pramod Mahajan, and Sougata Ray.

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

Starting on 16th February 2025, Google changed its advertisement platform program policy. It will permit advertisers to employ device fingerprinting techniques for user tracking. Organizations that use their advertising services are now permitted to use fingerprinting techniques for tracking their users' data. Originally announced on 18th December 2024, this rule change has sparked yet another debate regarding privacy and profits.

The Issue

Fingerprinting is a technique that allows for the collection of information about a user’s device and browser details, ultimately enabling the creation of a profile of the user. Not only used for or limited to targeting advertisements, data procured in such a manner can be used by private entities and even government organizations to identify individuals who access their services. If information on customization options, such as language settings and a user’s screen size, is collected, it becomes easier to identify an individual when combined with data points like browser type, time zone, battery status, and even IP address.

What makes this technique contentious at the moment is the lack of awareness regarding the information being collected from the user and the inability to opt out once permissions are granted.

This is unlike Google’s standard system of data collection through permission requests, such as accepting website cookies—small text files sent to the browser when a user visits a particular website. While contextual and first-party cookies limit data collection to enhance user experience, third-party cookies enable the display of irrelevant advertisements while users browse different platforms. Due to this functionality, companies can engage in targeted advertising.

This issue has been addressed in laws like the General Data Protection Regulation (GDPR) of the European Union (EU) and the Digital Personal Data Protection (DPDP) Act, 2023 (India), which mandate strict rules and regulations regarding advertising, data collection, and consent, among other things. One of the major requirements in both laws is obtaining clear, unambiguous consent. This also includes the option to opt out of previously granted permissions for cookies.

However, in the case of fingerprinting, the mechanism of data collection relies on signals that users cannot easily erase. While clearing all data from the browser or refusing cookies might seem like appropriate steps to take, they do not prevent tracking through fingerprinting, as users can still be identified using system details that a website has already collected. This applies to all IoT products as well. People usually do not frequently change the devices they use, and once a system is identified, there are no available options to stop tracking, as fingerprinting relies on device characteristics rather than data-collecting text files that could otherwise be blocked.

Google’s Changing Stance

According to Statista, Google’s revenue is largely made up of the advertisement services it provides (amounting to 264.59 billion U.S. dollars in 2024). Any change in its advertisement program policies draws significant attention due to its economic impact.

In 2019, Google claimed in a blog post that fingerprinting was a technique that “subverts user choice and is wrong.” It is in this context that the recent policy shift comes as a surprise. In response, the ICO (Information Commissioner’s Office), the UK’s data privacy watchdog, has stated that this change is irresponsible. Google, however, is eager to have further discussions with the ICO regarding the policy change.

Conclusion

The debate regarding privacy in targeted advertising has been ongoing for quite some time. Concerns about digital data collection and storage have led to new and evolving laws that mandate strict fines for non-compliance.

Google’s shift in policy raises pressing concerns about user privacy and transparency. Fingerprinting, unlike cookies, offers no opt-out mechanism, leaving users vulnerable to continuous tracking without consent. This move contradicts Google’s previous stance and challenges global regulations like the GDPR and DPDP Act, which emphasize clear user consent.

With regulators like the ICO expressing disapproval, the debate between corporate profits and individual privacy intensifies. As digital footprints become harder to erase, users, lawmakers, and watchdogs must scrutinize such changes to ensure that innovation does not come at the cost of fundamental privacy rights

References

• https://www.techradar.com/pro/security/profit-over-privacy-google-gives-advertisers-more-personal-info-in-major-fingerprinting-u-turn
• https://www.ccn.com/news/technology/googles-new-fingerprinting-policy-sparks-privacy-backlash-as-ads-become-harder-to-avoid/
• https://www.emarketer.com/content/google-pivot-digital-fingerprinting-enable-better-cross-device-measurement
• https://www.lewissilkin.com/insights/2025/01/16/google-adopts-new-stance-on-device-fingerprinting-102ju7b
• https://www.lewissilkin.com/insights/2025/01/16/ico-consults-on-storage-and-access-cookies-guidance-102ju62
• https://www.bbc.com/news/articles/cm21g0052dno 
• https://www.techradar.com/features/browser-fingerprinting-explained
• https://fingerprint.com/blog/canvas-fingerprinting/
• https://www.statista.com/statistics/266206/googles-annual-global-revenue/#:~:text=In%20the%20most%20recently%20reported,billion%20U.S.%20dollars%20in%202024

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