#FactCheck - Viral Photo of Dilapidated Bridge Misattributed to Kerala, Originally from Bangladesh

Introduction

The debate between free speech and social responsibility is one of the oldest, long-running debates in history. Free speech is considered to be at the heart of every democracy. It is considered the “mother” of all other freedoms, enshrined in Article 19(1)(a) of the Indian Constitution under Part III: Fundamental Rights. It takes various shapes and forms according to the sociopolitical context of society. Evelyn Beatrice Hall, a prominent English writer of the 19th century, laid the foundation of every democracy when she wrote in her book, "I disapprove of what you say, but I willdefend to the death your right to say it." The drastic misuse of social media to disseminate propaganda and fakenews makes it a marketplace of half-baked truth, becoming the antithesis ofwhat early philosophers dreamed of for a democratic modern age. Losethe ethics, and there you have it, the modern conceptualisation of freedom ofspeech and expression in the digital age. The right to freedom of speech andexpression is one of the most fundamental rights, but its exercise is notunfettered, and certain limits are placed upon this right under Art. 19 (2).Every right comes with a corresponding duty, and the exercise of such freedomalso puts the citizenry under the responsibility not to violate the rights ofothers and not to use the media to demean any other person.

SocialMedia: The New Public Square or a Weaponised Echo Chamber

InIndia, Art. 19(1)(a) of the constitution guarantees the right to freedom ofspeech and expression, but it is not absolute. Under Art. 19(2), this right issubject to reasonable restrictions in the interest of public order, decency,morality, and national security. This is construed as a freedom for everyindividual to freely express their opinions, but not to incite violence, spreadfalsehoods, or harm others’ dignity. Unfortunately, the boundaries betweenthese are increasingly blurred.

Thedissemination of unfiltered media and the strangulation of innocence by pushingoften vulgar and obscene content down the throats of individuals, withoutverifying the age and gender profile of the social media user, is a big farcein the name of free speech and a conscious attempt by the intermediaries andsocial media platforms such as Facebook, Instagram, Threads, etc., to wriggleout of their responsibility. A prime example is when Meta’s Mark Zuckerberg, on7th January 2025, gave a statement asserting less intervention into what peoplefind on its social media platforms as the new “best practice”. While lessinterference would have worked in a generation that merely operated on thediffering, dissenting, and raw ideas bred by the minds of differentindividuals, it is not the case for this day and age. There has been asignificant rise in cases where social media platforms have been used as abattleground for disputes, spreading communal violence, misinformation, anddisinformation.

Thereis no debate about the fact that social media platforms have fostered a globalexpression, making the world a global village, bringing everyone together. Onthe other hand, the platforms have become the epicentre of computer-basedcrimes, where children and teenagers often become prey to these crimes,cyberbullying, and cyberstalking.  

Rising Importance of Platform Accountability

Themost pertinent question that is to be asked with a conscious mind is whether anunregulated media is a reflection of Freedom of Speech, a right given to us byour constitution under Article. 19(1)(a), or whether free speech is just a garbby big stakeholders, and we are all victims of an impending infodemic andvictims of AI algorithms, because, as per the reports that surfaced during theCovid-19 pandemic, India saw a dramatic 214% rise in false information. Anotherreport by the UNESCO-Ipsos survey revealed that 85% of Indian respondentsencounter online hate speech, with around 64% pointing to social media as aprimary source.

While the focus on platform accountability is critical, it is equally important to recognise that the right to free speech is not absolute. Therefore, users also bear a constitutional responsibility while exercising this right. Free expression in a democratic society must be accompanied by civic digital behaviour, which includes refraining from spreading hate speech, misinformation, or engaging in harmful conduct online. The most recent example of this is the case of Ranveer Gautam Allahabadia vs. UOI (popularly known as “Latent Case”); the court came down heavily on the hosts and makers of the show and made its position crystal clear by stating, “there is nothinglike a fundamental right on platter...the fundamental rights are all followedby a duty...unless those people understand duty, there is no [...] deal withthat kind of elements...if somebody wants to enjoy fundamental rights, thiscountry gives a guarantee to enjoy, but guarantee is with a duty so thatguarantee will involve performing that duty also” .

The Way Forward: CyberPeace Suggests

In order to realise the benefits and derive the true benefits from the rights we are provided, especially the one in discussion, i.e., Freedom of Speech and Expression, the government and the designated intermediaries and regulators have to prepare both roadmaps, one for “Platform Accountability” and one for "User Accountability”, wherein the regulators with a reasonable foresight should conduct Algorithm Risk Audits which is a technique to make algorithms and there effects on content feeds visible. It can be an effective tool and an objective manner to compare how algorithms are automatically pushing different content to different users in an unfair or unbalanced way. As for user accountability, “Digital Literacy” is the way forward, ensuring that social media remains a marketplace of ideas and does not become a minefield of misfires.

Introduction

The world has been riding the wave of technological advancements, and the fruits it has born have impacted our lives. Technology, by its virtue, cannot be quantified as safe or unsafe it is the application and use of technology which creates the threats. Its times like this, the importance and significance of policy framework are seen in cyberspace. Any technology can be governed by means of policies and laws only. In this blog, we explore the issues raised by the EU for the tech giants and why the Indian Govt is looking into probing Whatsapp.

EU on Big Techs

Eu has always been seen to be a strong policy maker for cyberspace, and the same can be seen from the scope, extent and compliance of GDPR. This data protection bill is the holy grail for worldwide data protection bills. Apart from the GDPR, the EU has always maintained strong compliance demographics for the big tech as most of them have originated outside of Europe, and the rights of EU citizens come into priority above anything else.

New Draft Notification

According to the draft of the new notification, Amazon, Google, Microsoft and other non-European Union cloud service providers looking to secure an EU cybersecurity label to handle sensitive data can only do so via a joint venture with an EU-based company. The document adds that the cloud service must be operated and maintained from the EU, all customer data must be stored and processed in the EU, and EU laws take precedence over non-EU laws regarding the cloud service provider. Certified cloud services are operated only by companies based in the EU, with no entity from outside the EU having effective control over the CSP (cloud service provider) to mitigate the risk of non-EU interfering powers undermining EU regulations, norms and values.

This move from the EU is still in the draft phase however, it is expected to come into action soon as issues related to data breaches of EU citizens have been reported on numerous occasions. The document said the tougher rules would apply to personal and non-personal data of particular sensitivity where a breach may have a negative impact on public order, public safety, human life or health, or the protection of intellectual property.

How will it secure the netizens?

Since the EU has been the leading policy maker in cyberspace, it is often seen that the rules and policies of the EU are often replicated around the world. Hence this move comes at a critical time as the EU is looking towards safeguarding the EU netizens and the Cyber security industry in the EU by allowing them to collaborate with big tech while maintaining compliance. Cloud services can be protected by this mechanism, thus ensuring fewer instances of data breaches, thus contributing to a dip in cyber crimes and attacks.

The Indian Govt on WhatsApp

The Indian Govt has decided to probe Whatsapp and its privacy settings. One of the Indian Whatsapp users tweeted a screenshot of WhatsApp accessing the phone’s mic even when the phone was not in use, and the app was not open even in the background. The meta-owned Social messaging platform enjoys nearly 487 million users in India, making it their biggest market. The 2018 judgement on Whatsapp and its privacy issues was a landmark judgement, but the platform is in violation of the same.

The MoS, Ministry of Electronics and Information Technology, Rajeev Chandrashekhar, has already tweeted that the issue will be looked into and that they will be punished if the platform is seen violating the guidelines. The Digital Personal Data Protection Bill is yet to be tabled at the parliament. Still, despite the draft bill being public, big platforms must maintain the code of conduct to maintain compliance when the bill turns into an Act.

Threats for Indian Users

The Indian Whatsapp user contributes to the biggest user base un the world, and still, they are vulnerable to attacks on WhatsApp and now WhatsApp itself. The netizens are under the following potential threats –

• Data breaches
• Identity theft
• Phishing scams
• Unconsented data utilisation
• Violation of Right to Privacy
• Unauthorised flow of data outside India
• Selling of data to a third party without consent

The Indian netizen needs to stay vary of such issues and many more by practising basic cyber safety and security protocols and keeping a check on the permissions granted to apps, to keep track of one’s digital footprint.

Conclusion

Whether it’s the EU or Indian Government, it is pertinent to understand that the world powers are all working towards creating a safe and secured cyberspace for its netizens. The move made by the EU will act as a catalyst for change at a global level, as once the EU enforces the policy, the world will soon replicate it to safeguard their cyber interests, assets and netizens. The proactive stance of the Indian Government is a crucial sign that the things will not remain the same in the Indian Cyber ecosystem, and its upon the platforms and companies to ensure compliance, even in the absence of a strong legislation for cyberspace. The government is taking all steps to safeguard the Indian netizen, as the same lies in the souls and spirit of the new Digital India Bill, which will govern cyberspace in the near future. Still, till then, in order to maintain the synergy and equilibrium, it is pertinent for the platforms to be in compliance with the laws of natural justice.

2025 is knocking firmly at our door and we have promises to make and resolutions to keep. Time you make your list for the New Year and check it twice.

• Lifestyle targets 🡪 Check
• Family targets 🡪 Check
• Social targets 🡪 Check

Umm, so far so good, but what about your cybersecurity targets for the year? Hey, you look confused and concerned. Wait a minute, you do not have one, do you?

I get it. Though the digital world still puzzles, and sometimes outright scares us, we still are not in the ‘Take-Charge-Of-Your-Digital-Safety Mode. We prefer to depend on whatever software security we are using and keep our fingers crossed that the bad guys (read threat actors) do not find us.

Let me illustrate why cybersecurity should be one of your top priorities. You know that stress is a major threat to our continued good health, right? However, if your devices, social media accounts, office e-mail or network, or God forbid, bank accounts become compromised, would that not cause stress? Think about it and the probable repercussions and you will comprehend why I am harping on prioritising security.

Fret not. We will keep it brief as we well know you have 101 things to do in the next few days leading up to 01/01/2025. Just add cyber health to the list and put in motion the following:

• Install and activate comprehensive security software on ALL internet-enabled devices you have at home. Yes, including your smartphones.
• Set yourself a date to change and create separate unique passwords for all accounts. Or use the password manager that comes with all reputed security software to make life simpler.
• Keep home Wi-Fi turned off at night
• Do not set social media accounts to auto-download photos/documents
• Activate parental controls on all the devices used by your children to monitor and mentor them. But keep them apprised.
• Do not blindly trust anyone or anything online – this includes videos, speeches, emails, voice calls, and video calls. Be aware of fakes.
• Be aware of the latest threats and talk about unsafe cyber practices and behaviour often at home.

Short and sweet, as promised.

We will be back, with more tips, and answers to your queries. Drop us a line anytime, and we will be happy to resolve your doubts.

Ciao!

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