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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.

"Cybercriminals are unleashing a surprisingly high volume of new threats in this short period of time to take advantage of inadvertent security gaps as organizations are in a rush to ensure business continuity.”

Cyber security firm Fortinet on Monday announced that over the past several weeks, it has been monitoring a significant spike in COVID-19 related threats.

An unprecedented number of unprotected users and devices are now online with one or two people in every home connecting remotely to work through the internet. Simultaneously there are children at home engaged in remote learning and the entire family is engaged in multi-player games, chatting with friends as well as streaming music and video. The cybersec firm’s FortiGuard Labs is observing this perfect storm of opportunity being exploited by cybercriminals as the Threat Report on the Pandemic highlights:

A surge in Phishing Attacks: The research shows an average of about 600 new phishing campaigns every day. The content is designed to either prey on the fears and concerns of individuals or pretend to provide essential information on the current pandemic. The phishing attacks range from scams related to helping individuals deposit their stimulus for Covid-19 tests, to providing access to Chloroquine and other medicines or medical device, to providing helpdesk support for new teleworkers.

Phishing Scams Are Just the Start: While the attacks start with a phishing attack, their end goal is to steal personal information or even target businesses through teleworkers. Majority of the phishing attacks contain malicious payloads – including ransomware, viruses, remote access trojans (RATs) designed to provide criminals with remote access to endpoint systems, and even RDP (remote desktop protocol) exploits.

A Sudden Spike in Viruses: The first quarter of 2020 has documented a 17% increase in viruses for January, a 52% increase for February and an alarming 131% increase for March compared to the same period in 2019. The significant rise in viruses is mainly attributed to malicious phishing attachments. Multiple sites that are illegally streaming movies that were still in theatres secretly infect malware to anyone who logs on. Free game, free movie, and the attacker is on your network.

Risks for IoT Devices magnify: As users are all connected to the home network, attackers have multiple avenues of attack that can be exploited targeting devices including computers, tablets, gaming and entertainment systems and even online IoT devices such as digital cameras, smart appliances – with the ultimate goal of finding a way back into a corporate network and its valuable digital resources.

Ransomware like attack to disrupt business: If the device of a remote worker can be compromised, it can become a conduit back into the organization’s core network, enabling the spread of malware to other remote workers. The resulting business disruption can be just as effective as ransomware targeting internal network systems for taking a business offline. Since helpdesks are now remote, devices infected with ransomware or a virus can incapacitate workers for days while devices are mailed in for reimaging.

“Though organizations have completed the initial phase of transitioning their entire workforce to remote telework and employees are becoming increasingly comfortable with their new reality, CISOs continue to face new challenges presented by maintaining a secure teleworker business model. From redefining their security baseline, or supporting technology enablement for remote workers, to developing detailed policies for employees to have access to data, organizations must be nimble and adapt quickly to overcome these new problems that are arising”, said Derek Manky, Chief, Security Insights & Global Threat Alliances at Fortinet – Office of CISO.

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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