#FactCheck - Viral Video Misrepresented as Reaction to Pakistan’s Defeat in T20 World Cup

Introduction

Privacy has become a concern for netizens and social media companies have access to a user’s data and the ability to use the said data as they see fit. Meta’s business model, where they rely heavily on collecting and processing user data to deliver targeted advertising, has been under scrutiny. The conflict between Meta and the EU traces back to the enactment of GDPR in 2018. Meta is facing numerous fines for not following through with the regulation and mainly failing to obtain explicit consent for data processing under Chapter 2, Article 7 of the GDPR. ePrivacy Regulation, which focuses on digital communication and digital data privacy, is the next step in the EU’s arsenal to protect user privacy and will target the cookie policies and tracking tech crucial to Meta's ad-targeting mechanism. Meta’s core revenue stream is sourced from targeted advertising which requires vast amounts of data for the creation of a personalised experience and is scrutinised by the EU. 

Pay for Privacy Model and its Implications with Critical Analysis

Meta came up with a solution to deal with the privacy issue - ‘Pay or Consent,’ a model that allows users to opt out of data-driven advertising by paying a subscription fee. The platform would offer users a choice between free, ad-supported services and a paid privacy-enhanced experience which aligns with the GDPR and potentially reduces regulatory pressure on Meta. 

Meta presently needs to assess the economic feasibility of this model and come up with answers for how much a user would be willing to pay for the privacy offered and shift Meta’s monetisation from ad-driven profits to subscription revenues. This would have a direct impact on Meta’s advertisers who use Meta as a platform for detailed user data for targeted advertising, and would potentially decrease ad revenue and innovate other monetisation strategies.

For the users, increased privacy and greater control of data aligning with global privacy concerns would be a potential outcome. While users will undoubtedly appreciate the option to avoid tracking, the suggestion does beg the question that the need to pay might become a barrier. This could possibly divide users between cost-conscious and privacy-conscious segments. Setting up a reasonable price point is necessary for widespread adoption of the model.

For the regulators and the industry, a new precedent would be set in the tech industry and could influence other companies’ approaches to data privacy. Regulators might welcome this move and encourage further innovation in privacy-respecting business models. 

The affordability and fairness of the ‘pay or consent’ model could create digital inequality if privacy comes at a digital cost or even more so as a luxury. The subscription model would also need clarifications as to what data would be collected and how it would be used for non-advertising purposes. In terms of market competition, competitors might use and capitalise on Meta’s subscription model by offering free services with privacy guarantees which could further pressure Meta to refine its offerings to stay competitive. According to the EU, the model needs to provide a third way for users who have ads but are a result of non-personalisation advertising.

Meta has further expressed a willingness to explore various models to address regulatory concerns and enhance user privacy. Their recent actions in the form of pilot programs for testing the pay-for-privacy model is one example. Meta is actively engaging with EU regulators to find mutually acceptable solutions and to demonstrate its commitment to compliance while advocating for business models that sustain innovation. Meta executives have emphasised the importance of user choice and transparency in their future business strategies.

Future Impact Outlook

• The Meta-EU tussle over privacy is a manifestation of broader debates about data protection and business models in the digital age. 
• The EU's stance on Meta’s ‘pay or consent’ model and any new regulatory measures will shape the future landscape of digital privacy, leading to other jurisdictions taking cues and potentially leading to global shifts in privacy regulations. 
• Meta may need to iterate on its approach based on consumer preferences and concerns. Competitors and tech giants will closely monitor Meta’s strategies, possibly adopting similar models or innovating new solutions. And the overall approach to privacy could evolve to prioritise user control and transparency.

Conclusion

Consent is the cornerstone in matters of privacy and sidestepping it violates the rights of users. The manner in which tech companies foster a culture of consent is of paramount importance in today's digital landscape. As the exploration by Meta in the ‘pay or consent’ model takes place, it faces both opportunities and challenges in balancing user privacy with business sustainability. This situation serves as a critical test case for the tech industry, highlighting the need for innovative solutions that respect privacy while fostering growth with the specificity of dealing with data protection laws worldwide, starting with India’s Digital Personal Data Protection Act, of 2023.

Reference:

• https://ciso.economictimes.indiatimes.com/news/grc/eu-tells-meta-to-address-consumer-fears-over-pay-for-privacy/111946106 
• https://www.wired.com/story/metas-pay-for-privacy-model-is-illegal-says-eu/ 
• https://edri.org/our-work/privacy-is-not-for-sale-meta-must-stop-charging-for-peoples-right-to-privacy/ 
• https://fortune.com/2024/04/17/meta-pay-for-privacy-rejected-edpb-eu-gdpr-schrems/ 

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Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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Introduction

In today's era of digitalised community and connections, social media has become an integral part of our lives. we use social media to connect with our friends and family, and social media is also used for business purposes. Social media offers us numerous opportunities and ease to connect and communicate with larger communities. While it also poses some challenges, while we use social media, we come across issues such as inappropriate content, online harassment, online stalking, account hacking, misuse of personal information or data,  privacy issues, fake accounts, Intellectual property violation issues, abusive and dishearted content, content against the terms and condition policy of the platform and more. To deal with such issues, social media entities have proper reporting mechanisms and set terms and conditions guidelines to effectively prevent such issues and by addressing them in the best possible way by platform help centre or reporting mechanism.

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The Role of Help Centers in Resolving User Complaints:

The help centres are established on platforms to address user complaints and provide satisfactory assistance or resolution. Addressing user complaints is a key component of maintaining a safe and secure digital environment for users. Platform-centric help centres play a vital role in providing users with a resource to seek assistance and report their issues.

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Some common issues reported on social media:

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• Reporting abusive content: Users can report content that they find abusive, offensive, or in violation of platform policies. These reports are reviewed by the help centre.
• Reporting CSAM (Child Sexual Abuse Material): CSAM content can be reported to platform help centre. Social media platforms have stringent policies in place to address such concerns and ensure a safe digital environment for everyone, including children.
• Reporting Misinformation or Fake News: With the proliferation of misinformation online, users can report content that they find or suspect misleading or false information and Fact-checking bodies are employed to assess the accuracy of reported content.
• Content violating intellectual property rights: If there is a violation or infringement of any intellectual property work, it can be reported on the platform. 
• Violence of commercial policies: Products listed on social media platforms are also needed to comply with the platform’s  Commercial Policies.

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Submitting a Complaint to the Indian Grievance Officer for Facebook:

A user can report his issue through the below-mentioned websites:

• https://www.facebook.com/help/contact/278770247037228

• https://www.facebook.com/help/263149623790594

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The user can go to the Facebook Help Center, where go to the "Reporting a Problem” section, then by clicking on Reporting a Problem, Choose the Appropriate Issue that best describes your complaint. For example, if you have encountered inappropriate or abusive content, select the ‘I found inappropriate or abusive content’ option.

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Here is a list of issues which you can report on Facebook:

• My account has been hacked.
• I've lost access to a page or a group I used to manage.
• I've found a fake profile or a profile that's pretending to be me.
• I am being bullied or harassed.
• I found inappropriate or abusive content.
• I want to report content showing me in nudity/partial nudity or in a sexual act.
• I (or someone I am legally responsible for) appear in content that I do not want to be displayed.
• I am a law enforcement official seeking to access user data.
• I am a government official or a court officer seeking to submit an order, notice or direction.
• I want to download my personal data or report an issue with how Facebook is processing my data.
• I want to report an Intellectual Property infringement.
• I want to report another issue.

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Then, describe your issues and attach supporting evidence such as screenshots, then submit your report. After submitting a report, you will receive a confirmation that your report has been submitted to the platform. The platform will review the complaint within the stipulated time period, and users can also check the status of their filed complaint. Appropriate action will be taken by platforms after reviewing such complaints. If it violates any standard policy, terms & conditions, or privacy policies of the platform, the platform will take down that content or will take any other appropriate action.

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Conclusion: 

It is important to be aware of your rights in a digital landscape and report such issues to the platform. It is essential to understand how to report your issues or grievances on social media platforms effectively. By using the help centre or reporting mechanism of the platform, users can effectively file their complaints on the platform and contribute to a safer and more responsible online environment. Social media platforms have their compliance framework and privacy and policy guidelines in place to ensure the compliance framework for community standards and legal requirements. So, whenever you encounter an issue on social media, report it on the platform and contribute to a safer digital environment on social media platforms.

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References: 

• https://www.cyberyodha.org/2023/09/how-to-submit-complaint-to-indian.html
• https://transparency.fb.com/en-gb/enforcement/taking-action/complaints-handling-process/
• https://www.facebook.com/help/contact/278770247037228
• https://www.facebook.com/help/263149623790594

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