#FactCheck - Viral Image of AIMIM President Asaduddin Owaisi Holding Lord Rama Portrait Proven Fake

Introduction

Big Tech has been pushing back against regulatory measures, particularly regarding data handling practices. X Corp (formerly Twitter) has taken a prominent stance in India. The platform has filed a petition against the Central and State governments, challenging content-blocking orders and opposing the Center’s newly launched Sahyog portal.  The X Corp has furthermore labelled the Sahyog Portal as a 'censorship portal' that enables government agencies to issue blocking orders using a standardized template.

The key regulations governing the tech space in India include the IT Act of 2000,  IT Rules 2021 and 2023 (which stress platform accountability and content moderation), and the DPDP Act 2023, which intersects with personal data governance. This petition by the X Corp raises concerns for digital freedom, platform accountability, and the evolving regulatory frameworks in India. 

Elon Musk vs Indian Government: Key Issues at Stake

The 2021 IT Rules, particularly Rule 3(1)(d) of Part II, outline intermediaries' obligations regarding ‘Content Takedowns’. Intermediaries must remove or disable access to unlawful content within 36 hours of receiving a court order or government notification. Notably, the rules do not require government takedown requests to be explicitly in writing, raising concerns about potential misuse. 

X’s petition also focuses on the Sahyog Portal, a government-run platform that allows various agencies and state police to request content removal directly. They contend that the failure to comply with such orders can expose intermediaries' officers to prosecution. This has sparked controversy, with platforms like Elon Musk’s X arguing that such provisions grant the government excessive control, potentially undermining free speech and fostering undue censorship.

The broader implications include geopolitical tensions, potential business risks for big tech companies, and significant effects on India's digital economy, user engagement, and platform governance. Balancing regulatory compliance with digital rights remains a crucial challenge in this evolving landscape.

The Global Context: Lessons from Other Jurisdictions

The ‘EU's Digital Services Act’ establishes a baseline 'notice and takedown' system. According to the Act, hosting providers, including online platforms, must enable third parties to notify them of illegal content, which they must promptly remove to retain their hosting defence. The DSA also mandates expedited removal processes for notifications from trusted flaggers, user suspension for those with frequent violations, and enhanced protections for minors. Additionally, hosting providers have to adhere to specific content removal obligations, including the elimination of terrorist content within one hour and deploying technology to detect known or new CSAM material and remove it.

In contrast to the EU, the US First Amendment protects speech from state interference but does not extend to private entities. Dominant digital platforms, however, significantly influence discourse by moderating content, shaping narratives, and controlling advertising markets. This dual role creates tension as these platforms balance free speech, platform safety, and profitability.

India has adopted a model closer to the EU's approach, emphasizing content moderation to curb misinformation, false narratives, and harmful content. Drawing from the EU's framework, India could establish third-party notification mechanisms, enforce clear content takedown guidelines, and implement detection measures for harmful content like terrorist material and CSAM within defined timelines. This would balance content regulation with platform accountability while aligning with global best practices.

Key Concerns and Policy Debates

As the issue stands, the main concerns that arise are:

1. The need for transparency in government orders for takedowns, the reasons and a clear framework for why they are needed and the guidelines for doing so. 
2. The need for balancing digital freedom with national security and the concerns that arise out of it for tech companies. Essentially, the role platforms play in safeguarding the democratic values enshrined in the Constitution of India. 
3. This court ruling by the Karnataka HC will have the potential to redefine the principles upon which the intermediary guidelines function under the Indian laws. 

Potential Outcomes and the Way Forward

While we wait for the Hon’ble Court’s directives and orders in response to the filed suit, while the court's decision could favour either side or lead to a negotiated resolution, the broader takeaway is the necessity of collaborative policymaking that balances governmental oversight with platform accountability. This debate underscores the pressing need for a structured and transparent regulatory framework for content moderation. Additionally, this case also highlights the importance of due process in content regulation and the need for legal clarity for tech companies operating in India. Ultimately, a consultative and principles-based approach will be key to ensuring a fair and open digital ecosystem.

References

• https://www.thehindu.com/sci-tech/technology/elon-musks-x-sues-union-government-over-alleged-censorship-and-it-act-violations/article69352961.ece
• https://www.hindustantimes.com/india-news/elon-musk-s-x-sues-union-government-over-alleged-censorship-and-it-act-violations-101742463516588.html
• https://www.financialexpress.com/life/technology-explainer-why-has-x-accused-govt-of-censorship-3788648/
• https://thelawreporters.com/elon-musk-s-x-sues-indian-government-over-alleged-censorship-and-it-act-violations ‍
• https://www.linklaters.com/en/insights/blogs/digilinks/2023/february/the-eu-digital-services-act---a-new-era-for-online-harms-and-intermediary-liability

Introduction

Significantly, in March 2023, the Prevention of Money Laundering Act, 2002's regulations placed Virtual Digital Asset Service Providers functioning located under the purview of the Anti Money Laundering/Counter Financing of Terrorism (AML-CFT) scheme. An important step toward controlling VDA SP operations and guaranteeing adherence to Anti-Money Laundering and Combating the Financing of Terrorism (AML-CFT) regulations.

The significance of AML-CFT procedures

The AML-CFT framework's incorporation of Virtual Digital Asset Service Providers (VDA SPs) is essential for protecting the banking industry from illegal activities including the laundering of funds and counter-financing of terrorist attacks. These regulations become more crucial as the market for digital assets develops and becomes more well-known.

The practice of money laundering is hiding the source of the sum received illegally, thus it's critical to have strict policies in place to track down and stop these kinds of operations. Furthermore, funding for terrorism is a serious danger to international safety, hence stopping the flow of money to terrorist companies is a top concern for global officials.

The goal of policymakers' move to include VDA SPs in the AML-CFT architecture is to set up control and surveillance procedures that will guarantee these organisations' open and honest operations. This involves tracking transactions, flagging questionable activity, and conducting extensive customer investigations. Incorporating such procedures not only reduces the potential for financial crimes but also builds confidence and trust in the electronic asset market.

It is important to see the significance of AML-CFT procedures and the changes in the legal framework to reflect the evolving characteristics of digital currencies. These procedures are essential to preserving the reliability and safety of the wider banking system.

Notifications of Compliance Show Cause

Under Section 13 of the PMLA Act 2002, FIU IND sent adherence Show Cause Notices to nine offshore Virtual Digital Asset Service Providers (VDA SPs) as part of its dedication to upholding compliance with regulations. This affirmative step requires organisations to be scrutinised and attempted to bring them under inspection.

Governmental Response

The Director of FIU IND has addressed the Secretary of the Ministry of Electronics and Information Technology to take further measures due to the disregard of offshore firms. According to the notification, URLs connected to these organisations that operate in India in violation of the PML Act's requirements must be blocked. 

Mandatory Registration for VDA SPs

Virtual Digital Asset Service Providers (both onshore and offshore) who perform a range of operations, including the trading of digital goods for monetary currencies, the distribution of digital currency, and the management or preservation of electronic assets, are now obliged to register with FIU.

Range of Statutory Responsibilities

In accordance with the PML Act, VDA SPs are subject to several requirements, including documentation, disclosure, and other duties. One of their responsibilities is to register with the FIU IND. The primary focus is on guaranteeing that VDA SPs comply with AML-CFT protocols, hence enhancing the general reliability of the banking industry.

Difficulties with Offshore Compliance

There are many obstacles in guaranteeing that offshore organisations comply with Anti Money Laundering/Counter Financing of Terrorism (AML-CFT), chief amongst them being their unwillingness to undergo registration. Some overseas Virtual Digital Asset Service Providers (VDA SPs) have been reluctant to comply with the existing rules and regulations, even though they cater to a significant number of Indian users. There are several reasons for this hesitation, such as worries about heightened monitoring, the expense of compliance, and the apparent complexity of governmental processes. Regulatory organisations have taken steps to close the discrepancy between offshore businesses' real activities and the regulations they must follow. In addition to maintaining the trustworthiness of the economic system, resolving the issues with offshore adherence is essential for promoting confidence and openness in the market for electronic assets.

Conclusion

FIU IND has demonstrated its dedication to creating an effective regulatory framework for Virtual Digital Asset Service Providers through its recent measures. India hopes to fortify its countermeasures against money laundering and safeguard the financial well-being of its users by expanding the AML-CFT legislation to offshore firms. The continuous efforts to restrict the URLs of non-compliant companies show a proactive approach to stopping illicit activity and fostering a safe and law-abiding virtual asset ecosystem. The safety and soundness of the banking sector will be crucially maintained by laws and regulations as the digital world develops.

References

• https://pib.gov.in/PressReleasePage.aspx?PRID=1991372
• https://www.thehindubusinessline.com/books/reviews/business-economy/fiu-ind-issues-compliance-showcause-notices-to-nine-offshore-vda-sps/article67684613.ece
• https://business.outlookindia.com/news/fiu-issues-notice-to-9-offshore-crypto-platforms-writes-to-meity-for-blocking-of-urls

Introduction

Autonomous transportation, smart cities, remote medical care, and immersive augmented reality are just a few of the revolutionary applications made possible by the global rollout of 5G technology. However, along with this revolution in connectivity, a record-breaking rise in vulnerabilities and threats has emerged, driven by software-defined networks, growing attack surfaces, and increasingly complex networks. As work on next-generation 6G networks accelerates, with commercialisation starting in 2030, security issues are piling up, including those related to AI-driven networks, terahertz communications, and quantum computing attacks. For a nation like India, poised to become a global technological leader, next-generation network procurement is not merely a technical necessity but a strategic imperative. Initiatives such as India-UK collaboration on telecom security in recent years say a lot about how international alliances are the order of the day to address these challenges.

‍

Why Cybersecurity in 5G and 6G Networks is Crucial

With the launch of global 5G services and the rapid introduction of 6G technologies, the telecom sector is seeing a fundamental transformation. Besides expanding connectivity, future networks are also creating the building blocks for networked and highly intelligent environments. With its ultra-high speed of 10 Gbps, network slicing, and ultra-low latency, 5G provides new capabilities that are perfectly suited for mission-critical applications such as telemedicine, autonomous vehicles, and industrial IoT. Sixth-generation wireless technology is still in development, and it will be approximately one hundred times faster than fifth-generation. Here are a few drawbacks and challenges:

• Decentralised Infrastructure (edge computing nodes): Increased number of entry points for attack.
• Virtual Network Functions (VNFs): Greater vulnerability to configuration issues and software exploitation.
• Billions of IoT devices with different security states, thus forming networks that are more difficult to secure.

Although these challenges are unparalleled, the advancement in technology also creates new opportunities.

‍

Understanding the Cyber Threat Landscape for 5G and 6G

The move to 5G and the upgrade to 6G open great opportunities, but also open doors for new cybersecurity risks. Open RAN usage offers flexibility and vendor selection but exposes the supply chain to untested third-party components and attacks. SBA security vulnerabilities can be exploited to disrupt vital network services, resulting in outages or data breaches. Similarly, widespread adoption of edge computing to reduce latency creates multiple entry points for an attacker to target. Compounding the problem is the explosion of IoT device connections through 5G, which, if breached, can fuel massive botnets capable of conducting massive distributed denial-of-service (DDoS) attacks.

‍

Challenges in 6G

• AI-Powered Cyberattacks: AI-native 6G networks are susceptible to adversarial machine learning attacks, data model poisoning, both for security and for traffic optimisation.
• Quantum Threats: Post-quantum cryptography may be required if quantum computing renders current encryption algorithms outdated.
• Privacy Concerns with Digital Twins: 6G may result in creating enormous privacy and data protection issues in addition to offering real-time virtual replicas of the physical world.
• Cross-Border Data Flow Risks: Secure interoperability frameworks and standardised data sovereignty are essential for the worldwide rollout of 6G.

A Critical Step Toward Secure Telecom: The India-UK Partnership

India's recent foray with the UK reflects its active role in shaping the future of telecom security. Major points of the UK-India Telecom Roundtable are:

• MoU between SONIC Labs and C-DOT: Dedicated to Open RAN and AI integration security in 4G/5G deployments. This will offer supply chain diversity without sacrificing resilience.
• Research Partnerships for 6G: Partnerships with UK institutions like CHEDDAR (Cloud & Distributed Computing Hub) and the University of Glasgow 6G Research Centre are focused on developing AI-driven network security solutions, green 6G, and quantum-resistant design.
• Telecom Cybersecurity Centres of Excellence: Constructing two-way CoEs for telecom cybersecurity, ethical AI, and digital twin security models.
• Standardisation Efforts: Joint contribution to ITU for the creation of IMT-2030 standards, in a way that cybersecurity-by-design principles are integrated into worldwide 6G specifications.
• Future Initiatives:

1. Application of privacy-enhancing technologies (PETs) for cross-sectoral data usage.
2. Secure quantum communications to be used for satellite and submarine cable connections.
3. Encouragement of native telecommunication stacks for strategic independence.

‍

Global Policy and Regulatory Aspects

• India's Bharat 6G Vision: India will lead the global standardisation process in the Bharat 6G Alliance with a vision of inclusive, secure, and sustainable connectivity.
• International Harmonisation:

• 3GPP and ITU's joint effort towards standardisation of 6G security.
• Cross-border privacy and cybersecurity compliance system designs to enable secure flows of data.

• Cyber Diplomacy for Telecom Security: Cross-border sharing of information architectures, threat intelligence sharing, and coordinated incident response schemes are essential to 6G security resilience globally.

‍

Building a Secure and Resilient Future for 5G and 6G

Establishing a safe and future-proof 5G and 6G environment should be an end-to-end effort involving governments, industry, and technology vendors. Security should be integrated into the underlying architecture of the networks and not an afterthought feature to be optionally provided. Active engagement in international bodies to establish homogeneous security and privacy standards across geographies is also required. Public-private partnerships, including academia partnerships, will be the driver for innovation and the creation of advanced protection mechanisms. Simultaneously, creating a competent talent pool to manage AI-based threat analysis, quantum-resistant cryptography, and next-generation cryptographic methods will be required to combat the advanced menace of new telecom technologies.

‍

Conclusion

Given 6G on the way and 5G technologies already changing global connections, cybersecurity needs to continue to be a key focus. The partnership between India and the UK serves as an example of why the safe rise of tomorrow's networks depends on global collaboration, AI-driven security measures, plus quantum preparedness. The world can unleash the potential for transformation of 5G and 6G through combining security by design, supporting international standards, and encouraging innovation via cooperation. This will result in an online future that is not only quick and egalitarian but also solid and trustworthy.

‍

References:

• https://www.pib.gov.in/PressReleasePage.aspx?PRID=2105225
• https://www.itu.int/en/ITU-R/study-groups/rsg5/rwp5d/imt-2030/pages/default.aspx
• https://dot.gov.in/sites/default/files/Bharat%206G%20Vision%20Statement%20-%20full.pdf
• https://www.gsma.com/solutions-and-impact/technologies/security/wp-content/uploads/2024/07/FS.40-v3.0-002-19-July.pdf

‍