#FactCheck - "Viral Video Misleadingly Claims Surrender to Indian Army, Actually Shows Bangladesh Army”

Introduction

Bumble’s launch of its ‘Opening Move’ feature has sparked a new narrative on safety and privacy within the digital dating sphere and has garnered mixed reactions from users. It was launched against the backdrop of women stating that the ‘message first’ policy of Bumble was proving to be tedious. Addressing the large-scale review, Bumble launched its ‘Opening Move’ feature, whereby users can either craft or select from pre-set questions which potential matches may choose to answer to start the conversation at first glance. These questions are a segue into meaningful and insightful conversation from the get-go and overstep the traditional effort to start engaging chats between matched users. This feature is an optional feature that users may enable and as such does not prevent a user from exercising the autonomy previously in place.

Innovative Approach to Conversation Starters

Many users consider this feature as innovative; not only does it act as a catalyst for fluid conversation but also cultivates insightful dialogue, fostering meaningful interactions that are devoid of the constraint of superficial small talk. The ‘Opening Moves’ feature may also be aligned with unique scientific research indicating that individuals form their initial attractions within 3-seconds of intimate interaction, thereby proving to be a catalyst to the decision-making process of an individual in the attraction time frame. 

Organizational Benefits and Data Insights

From an organisational standpoint, the feature is a unique solution towards localisation challenges faced by apps; the option of writing a personalised ‘Opening Move’ implies setting prompts that are culturally relevant and appropriate in a specific area. Moreover, it is anticipated that Bumble may enhance and improve user experience within the platform through data analysis. Data from responses to an ‘Opening Move’ may provide valuable insights into user preferences and patterns by analysing which pre-set prompts garner more responses over others and how often is a user-written ‘Opening Move’ successful in obtaining a response in comparison with Bumble’s pre-set prompts. A quick glance at Bumble’s privacy policy[1] shows that data storing and transferring of chats between users are not shared with third parties, further safeguarding personal privacy. However,  Bumble does use the chat data for its own internal purposes after removing personally identifiable information from chats. The manner of such review and removal of data has not been specified, which may raise challenges depending upon whether the reviewer is a human or an algorithm.

However, some users perceive the feature as counterproductive to the company’s principle of ‘women make the first move’. While Bumble aims to market the feature as a neutral ground for matched users based on the exercise of choice, users see it as a step back into the heteronormative gender expectations that most dating apps conform to, putting the onus of the ‘first move’ on men. Many male users have complained that the feature acts as a catalyst for men to opt out of the dating app and would most likely refrain from interacting with profiles enabled with the ‘Opening Move’ feature, since the pressure to answer in a creative manner is disproportionate with the likelihood their response actually being entertained.[2] Coupled with the female users terming the original protocol as ‘too much effort’, the preset questions of the ‘Opening Move’ feature may actively invite users to categorise potential matches according to arbitrary questions that undermine real-life experiences, perspectives and backgrounds of each individual.[3]

Additionally, complications are likely to arise when a notorious user sets a question that indirectly gleans personal or sensitive, identifiable information. The individual responding may be bullied or be subjected to hateful slurs when they respond to such carefully crafted conversation prompts.

Safety and Privacy Concerns

On the corollary, the appearance of choice may translate into more challenges for women on the platform. The feature may spark an increase in the number of unsolicited, undesirable messages and images from a potential match. The most vulnerable groups at present remain individuals who identify as females and other sexual minorities.[4] At present, there appears to be no mechanism in place to proactively monitor the content of responses, relying instead on user reporting. This approach may prove to be impractical given the potential volume of objectionable messages, necessitating a more efficient solution to address this issue. It is to be noted that in spite of a user reporting, the current redressal systems of online platforms remain lax, largely inadequate and demonstrate ineffectiveness in addressing user concerns or grievances. This lack of proactiveness is violative of the right to redressal provided under the Digital Personal Data Protection Act, 2023. It is thought that the feature may actually take away user autonomy that Bumble originally aimed to grant since Individuals who identify as introverted, shy, soft-spoken, or non-assertive may refrain from reporting harassing messages altogether, potentially due to discomfort or reluctance to engage in confrontation. Resultantly, it is anticipated that there would be a sharp uptake in cases pertaining to cyberbullying, harassment and hate speech (especially vulgar communications) towards both the user and the potential match. 

From an Indian legal perspective, dating apps have to adhere to the Information Technology Act, 2000 [5], the Information Technology (Intermediary and Digital Media Ethics) Rules 2021 [6] and the Digital Personal Data Protection Act, 2023, that regulates a person’s digital privacy and set standards on the kind of content an intermediary may host. An obligation is cast upon an intermediary to uprise its users on what content is not allowed on its platform in addition to mandating intimation of the user’s digital rights. The lack of automated checks, as mentioned above, is likely to make Bumble non-compliant with the ethical guidelines. 

The optional nature of the ‘Opening Move’ grants users some autonomy. However, some technical updates may enhance the user experience of this feature. Technologies like AI are an effective aid in behavioural and predictive analysis. An upgraded ‘matching’ algorithm can analyse the number of un-matches a profile receives, thereby identifying and flagging a profile having multiple lapsed matches. Additionally, the design interface of the application bearing a filter option to filter out flagged profiles would enable a user to be cautious while navigating through the matches. Another possible method of weeding out notorious profiles is by deploying a peer-review system of profiles whereby a user has a singular check-box that enables them to flag a profile. Such a checkbox would ideally be devoid of any option for writing personal comments and would bear a check box stating whether the profile is most or least likely to bully/harass. This would ensure that a binary, precise response is recorded and any coloured remarks are avoided. [7]

Governance and Monitoring Mechanisms

From a governance point of view, a monitoring mechanism on the manner of crafting questions is critical. Systems should be designed to detect certain words/sentences and a specific manner of framing sentences to disallow questions contrary to the national legal framework. An onscreen notification having instructions on generally acceptable manner of conversations as a reminder to users to maintain cyber hygiene while conversing is also proposed as a mandated requirement for platforms. The notification/notice may also include guidelines on what information is safe to share in order to safeguard user privacy. Lastly, a revised privacy policy should establish the legal basis for processing responses to ‘Opening Moves’, thereby bringing it in compliance with national legislations such as the Digital Personal Data Protection Act, 2023.

Conclusion

Bumble's 'Opening Move' feature marks the company’s ‘statement’ step to address user concerns regarding initiating conversations on the platform. While it has been praised for fostering more meaningful interactions, it also raises not only ethical concerns but also concerns over user safety. While the 'Opening Move' feature can potentially enhance user experience, its success is largely dependent on Bumble's ability to effectively navigate the complex issues associated with this feature. A more robust monitoring mechanism that utilises newer technology is critical to address user concerns and to ensure compliance with national laws on data privacy.

Endnotes:

• [1] Bumble’s privacy policy https://bumble.com/en-us/privacy  
• [2] Discussion thread, r/bumble, Reddit https://www.reddit.com/r/Bumble/comments/1cgrs0d/women_on_bumble_no_longer_have_to_make_the_first/?share_id=idm6DK7e0lgkD7ZQ2TiTq&utm_content=2&utm_medium=ios_app&utm_name=ioscss&utm_source=share&utm_term=1&rdt=65068 
• [3] Mcrea-Hedley, Olivia, “Love on the Apps: When did Dating Become so Political?”, 8 February 2024 https://www.service95.com/the-politics-of-dating-apps/ 
• [4] Gewirtz-Meydan, A., Volman-Pampanel, D., Opuda, E., & Tarshish, N. (2024). ‘Dating Apps: A New Emerging Platform for Sexual Harassment? A Scoping Review. Trauma, Violence, & Abuse, 25(1), 752-763. https://doi.org/10.1177/15248380231162969 
• [5]  Information Technology Act, 2000 https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf 
• [6]  Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules 2021 https://www.meity.gov.in/writereaddata/files/Information%20Technology%20%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf 
• [7]  Date Confidently: Engaging Features in a Dating App (Use Cases), Consaguous, 10 July 2023 https://www.consagous.co/blog/date-confidently-engaging-features-in-a-dating-app-use-cases  

‍

Introduction

Cybersecurity threats have been globally prevalent for quite some time now. All nations, organisations and individuals stand at risk from new and emerging potential cybersecurity threats, putting finances, privacy, data, identities and sometimes human lives at stake. The latest Data Breach Report by IBM revealed that nearly a staggering 83% of organisations experienced more than one data breach instance during 2022. As per the 2022 Data Breach Investigations Report by Verizon, the total number of global ransomware attacks surged by 13%, indicating a concerning rise equal to the last five years combined. The statistics clearly showcase how the future is filled with potential threats as we advance further into the digital age.  

Who is Okta?  

Okta is a secure identity cloud that links all your apps, logins and devices into a unified digital fabric. Okta has been in existence since 2009 and is based out of San Francisco, USA and has been one of the leading service providers in the States. The advent of the company led to early success based on the high-quality services and products introduced by them in the market. Although Okta is not as well-known as the big techs, it plays a vital role in big organisations' cybersecurity systems. More than 18,000 users of the identity management company's products rely on it to give them a single login for the several platforms that a particular business uses. For instance, Zoom leverages Okta to provide "seamless" access to its Google Workspace, ServiceNow, VMware, and Workday systems with only one login, thus showing how Okta is fundamental in providing services to ease the human effort on various platforms. In the digital age, such organisations are instrumental in leading the pathway to innovation and entrepreneurship. 

The Okta Breach

The last Friday, 20 October, Okta reported a hack of its support system, leading to chaos and havoc within the organisation. The result of the hack can be seen in the market in the form of the massive losses incurred by Okta in the stock exchange. 

Since the attack, the company's market value has dropped by more than $2 billion. The well-known incident is the most recent in a long line of events connected to Okta or its products, which also includes a wave of casino invasions that caused days-long disruptions to hotel rooms in Las Vegas, casino giants Caesars and MGM were both affected by hacks as reported earlier this year. Both of those attacks, targeting MGM and Caesars’ Okta installations, used a sophisticated social engineering attack that went through IT help desks.

What can be done to prevent this? 

Cybersecurity attacks on organisations have become a very common occurrence ever since the pandemic and are rampant all across the globe. Major big techs have been successful in setting up SoPs, safeguards and precautionary measures to protect their companies and their digital assets and interests. However, the Medium, Mico and small business owners are the most vulnerable to such unknown high-intensity attacks. The governments of various nations have established Computer Emergency Response Teams to monitor and investigate such massive-scale cyberattacks both on organisations and individuals. The issue of cybersecurity can be better addressed by inculcating the following aspects into our daily digital routines: 

• Team Upskilling: Organisations need to be critical in creating upskilling avenues for employees pertaining to cybersecurity and threats. These campaigns should be run periodically, focusing on both the individual and organisational impact of any threat.  
• Reporting Mechanism for Employees and Customers: Business owners and organisations need to deploy robust, sustainable and efficient reporting mechanisms for both employees well as customers. The mechanism will be fundamental in pinpointing the potential grey areas and threats in the cyber security mechanism as well. A dedicated reporting mechanism is now a mandate by a lot of governments around the world as it showcases transparency and natural justice in terms of legal remedies.  
• Preventive, Precautionary and Recovery Policies: Organisations need to create and deploy respective preventive, precautionary and recovery policies in regard to different forms of cyber attacks and threats. This will be helpful in a better understanding of threats and faster response in cases of emergencies and attacks. These policies should be updated regularly, keeping in mind the emerging technologies. Efficient deployment of the policies can be done by conducting mock drills and threat assessment activities.  
• Global Dialogue Forums: It is pertinent for organisations and the industry to create a community of cyber security enthusiasts from different and diverse backgrounds to address the growing issues of cyberspace; this can be done by conducting and creating global dialogue forums, which will act as the beacon of sharing best practices, advisories, threat assessment reports, potential threats and attacks thus establishing better inter-agency and inter-organisation communication and coordination.  
• Data Anonymisation and Encryption: Organisations should have data management/processing policies in place for transparency and should always store data in an encrypted and anonymous manner, thus creating a blanket of safety in case of any data breach.
• Critical infrastructure: The industry leaders should push the limits of innovation by setting up state-of-the-art critical cyber infrastructure to create employment, innovation, and entrepreneurship spirit among the youth, thus creating a whole new generation of cyber-ready professionals and dedicated netizens. Critical infrastructures are essential in creating a safe, secure, resilient and secured digital ecosystem. 
• Cysec Audits & Sandboxing: All organisations should establish periodic routines of Cybersecurity audits, both by internal and external entities, to find any issue/grey area in the security systems. This will create a more robust and adaptive cybersecurity mechanism for the organisation and its employees. All tech developing and testing companies need to conduct proper sandboxing exercises for all or any new tech/software creation to identify its shortcomings and flaws. 

‍Conclusion 

In view of the rising cybersecurity attacks on organisations, especially small and medium companies, a lot has been done, and a lot more needs to be done to establish an aspect of safety and security for companies, employees and customers. The impact of the Okta breach very clearly show how cyber attacks can cause massive repercussion for any organisation in the form of monetary loss, loss of business, damage to reputation and a lot of other factors. One should take such instances as examples and learnings for ourselves and prepare our organisation to combat similar types of threats, ultimately working towards preventing these types of threats and eradicating the influence of bad actors from our digital ecosystem altogether. 

‍

References: 

• https://hbr.org/2023/05/the-devastating-business-impacts-of-a-cyber-breach#:~:text=In%202022%2C%20the%20global%20average,legal%20fees%2C%20and%20audit%20fees.
• https://www.okta.com/intro-to-okta/#:~:text=Okta%20is%20a%20secure%20identity,use%20to%20work%2C%20instantly%20available.
• https://www.cyberpeace.org/resources/blogs/mgm-resorts-shuts-down-it-systems-after-cyberattack

‍

‍

Introduction

In September 2024, the Australian government announced the  Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 ( CLA Bill 2024 hereon), to provide new powers to the Australian Communications and Media Authority (ACMA), the statutory regulatory body for Australia's communications and media infrastructure, to combat online misinformation and disinformation. It proposed allowing the ACMA to hold digital platforms accountable for the “seriously harmful mis- and disinformation” being spread on their platforms and their response to it, while also balancing freedom of expression. However, the Bill was subsequently withdrawn, primarily over concerns regarding the possibility of censorship by the government. This development is reflective of the global contention on the balance between misinformation regulation and freedom of speech. 

Background and Key Features of the Bill

According to the BBC’s Global Minds Survey of 2023, nearly 73% of Australians struggled to identify fake news and AI-generated misinformation. There has been a substantial rise in misinformation on platforms like Facebook, Twitter, and TikTok since the COVID-19 pandemic, especially during major events like the bushfires of 2020 and the 2022 federal elections. The government’s campaign against misinformation was launched against this background, with the launch of The Australian Code of Practice on Disinformation and Misinformation in 2021. The main provisions of the CLA Bill, 2024 were: 

1. Core Transparency Obligations of Digital Media Platforms: Publishing current media literacy plans,  risk assessment reports, and policies or information on their approach to addressing mis- and disinformation. The ACMA would also be allowed to make additional rules regarding complaints and dispute-handling processes.
2. Information Gathering and Record-Keeping Powers: The ACMA would form rules allowing it to gather consistent information across platforms and publish it. However, it would not have been empowered to gather and publish user information except in limited circumstances.
3. Approving Codes and Making Standards: The ACMA would have powers to approve codes developed by the industry and make standards regarding reporting tools, links to authoritative information, support for fact-checking, and demonetisation of disinformation. This would make compliance mandatory for relevant sections of the industry. 
4. Parliamentary Oversight: The transparency obligations, codes approved and standards set by ACMA under the Bill would be subject to parliamentary scrutiny and disallowance. ACMA would be required to report to the Parliament annually. 
5. Freedom of Speech Protections: End-users would not be required to produce information for ACMA unless they are a person providing services to the platform, such as its employees or fact-checkers. Further,  it would not be allowed to call for removing content from platforms unless it involved inauthentic behavior such as bots. 
6. Penalties for Non-Compliance: ACMA would be required to employ a “graduated, proportionate and risk-based approach” to non-compliance and enforcement in the form of formal warnings, remedial directions, injunctions, or significant civil penalties as decided by the courts, subject to review by the Administrative Review Tribunal (ART). No criminal penalties would be imposed.

Key Concerns

• Inadequacy of Freedom of Speech Protections: The biggest contention on this Bill has been regarding the issue of possible censorship, particularly of alternative opinions that are crucial to the health of a democratic system. To protect the freedom of speech, the Bill defined mis- and disinformation, what constitutes “serious harm” (election interference, harming public health, etc.), and what would be excluded from its scope. However, reservations among the Opposition persisted due to the lack of a clear mechanism to protect divergent opinions from the purview of this Bill. 
• Efficacy of Regulatory Measures: Many argue that by allowing the digital platform industry to make its codes, this law lets it self-police. Big Tech companies have no incentive to curb misinformation effectively since their business models allow them to reap financial benefits from the rampant spread of misinformation. Unless there are financial non- or dis- incentives to curb misinformation, Big Tech is not likely to address the situation at war footing.  Thus, this law would run the risk of being toothless. Secondly, the Bill did not require platforms to report on the “prevalence of” false content which, along with other metrics,  is crucial for researchers and legislators to track the efficacy of the current misinformation-curbing practices employed by platforms.  
• Threat of Government Overreach:  The Bill sought to expand the ACMA’s compliance and enforcement powers concerning misinformation and disinformation on online communication platforms by giving it powers to form rules on information gathering, code registration, standard-making powers, and core transparency obligations. However, even though the ACMA as a regulatory authority is answerable to the Parliament, the Bill was unclear in defining limits to these powers. This raised concerns from civil society about potential government overreach in a domain filled with contextual ambiguities regarding information.

Conclusion

While the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill sought to equip the ACMA with tools to hold digital platforms accountable and mitigate the harm caused by false information, its critique highlights the complexities of regulating such content without infringing on freedom of speech. Legislations and proposals regarding the matter all over the world are having to contend with this challenge. Globally, legislation and proposals addressing this issue face similar challenges, emphasizing the need for a continuous discourse at the intersection of platform accountability, regulatory restraint, and the protection of diverse viewpoints.

To regulate Big Tech effectively, governments can benefit from adopting a consultative, incremental, and cooperative approach, as exemplified by the European Union’s Digital Services Act 2023. Such a framework provides for a balanced response, fostering accountability while safeguarding democratic freedoms.

Resources

• https://www.infrastructure.gov.au/sites/default/files/documents/factsheet-misinformation-disinformation-bill.pdf 
• https://www.infrastructure.gov.au/have-your-say/new-acma-powers-combat-misinformation-and-disinformation 
• https://www.mi-3.com.au/07-02-2024/over-80-australians-feel-they-may-have-fallen-fake-news-says-bbc 
• https://www.hrlc.org.au/news/misinformation-inquiry 
• https://humanrights.gov.au/our-work/legal/submission/combatting-misinformation-and-disinformation-bill-2024 
• https://www.sbs.com.au/news/article/what-is-the-misinformation-bill-and-why-has-it-triggered-worries-about-freedom-of-speech/4n3ijebde 
• https://www.hrw.org/report/2023/06/14/no-internet-means-no-work-no-pay-no-food/internet-shutdowns-deny-access-basic#:~:text=The%20Telegraph%20Act%20allows%20authorities,preventing%20incitement%20to%20the%20commission 
• https://www.hrlc.org.au/submissions/2024/11/8/submission-combatting-misinformation?utm_medium=email&utm_campaign=Media%20Release%20Senate%20Committee%20to%20hear%20evidence%20calling%20for%20Albanese%20Government%20to%20regulate%20and%20hold%20big%20tech%20accountable%20for%20misinformation&utm_content=Media%20Release%20Senate%20Committee%20to%20hear%20evidence%20calling%20for%20Albanese%20Government%20to%20regulate%20and%20hold%20big%20tech%20accountable%20for%20misinformation+Preview+CID_31c6d7200ed9bd2f7f6f596ba2a8b1fb&utm_source=Email%20campaign&utm_term=Read%20the%20Human%20Rights%20Law%20Centres%20submission%20to%20the%20inquiry

‍