#FactCheck -Old Karnataka Video Falsely Linked to Holi Celebrations on Eid in Delhi

The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf

Along with the loss of important files and information, data loss can result in downtime and lost revenue. Unexpected occurrences, including natural catastrophes, cyber-attacks, hardware malfunctions, and human mistakes, can result in the loss of crucial data. Recovery from these without a backup plan may be difficult, if not impossible.

The fact is that the largest threat to the continuation of your organization today is cyberattacks. Because of this, disaster recovery planning should be approached from a data security standpoint. If not, you run the risk of leaving your vital systems exposed to a cyberattack. Cybercrime has been more frequent and violent over the past few years. In the past, major organizations and global businesses were the main targets of these attacks by criminals. But nowadays, businesses of all sizes need to be cautious of digital risks.

Many firms might suffer a financial hit even from a brief interruption to regular business operations. But imagine if a situation forced a company to close for a few days or perhaps weeks! The consequences would be disastrous.

One must have a comprehensive disaster recovery plan in place that is connected with the cybersecurity strategy, given the growing danger of cybercrime.

Let’s look at why having a solid data security plan and a dependable backup solution are essential for safeguarding a company from external digital threats.

1. Apply layered approaches

One must specifically use precautionary measures like antivirus software and firewalls. One must also implement strict access control procedures to restrict who may access the network.

One must also implement strict access control procedures to restrict who may access the network.

2. Understand the threat situation

If someone is unaware of the difficulties one should be prepared for, how can they possibly expect to develop a successful cybersecurity strategy? They can’t, is the simple response.

Without a solid understanding of the threat landscape, developing the plan will require a lot too much speculation. With this strategy, one can allocate resources poorly or perhaps completely miss a threat.

Because of this, one should educate themselves on the many cyber risks that businesses now must contend with.

3. Adopt a proactive security stance

Every effective cybersecurity plan includes a number of reactive processes that aren’t activated until an attack occurs. Although these reactive strategies will always be useful in cybersecurity, the main focus of your plan should be proactiveness.

There are several methods to be proactive, but the most crucial one is to analyze your network for possible threats regularly. your network securely. Having a SaaS Security Posture Management (SSPM) solution in place is beneficial for SaaS applications, in particular.

A preventive approach can lessen the effects of a data breach and aid in keeping data away from attackers.

4. Evaluate your ability to respond to incidents

Test your cybersecurity disaster recovery plan’s effectiveness by conducting exercises and evaluating the outcomes. Track pertinent data during the exercise to see if your plan is working as expected.

Meet with your team after each drill to evaluate what went well and what didn’t. This strategy enables you to continuously strengthen your plan and solve weaknesses. This procedure may be repeated endlessly and should be.

You must include cybersecurity protections in your entire disaster recovery plan if you want to make sure that your business is resilient in the face of cyber threats. You may strengthen data security and recover from data loss and corruption by putting in place a plan that focuses on both the essential components of proactive data protection and automated data backup and recovery.

For instance, Google distributes all data among several computers in various places while storing each user’s data on a single machine or collection of machines. To prevent a single point of failure, chunk the data and duplicate it across several platforms. As an additional security safeguard, they give these data chunks random names that are unreadable to the human eye.^[1]

The process of creating and storing copies of data that may be used to safeguard organizations against data loss is referred to as backup and recovery. In the case of a main data failure, the backup’s goal is to make a duplicate of the data that can be restored.

5. Take zero-trust principles

Don’t presume that anything or anybody can be trusted; zero trust is a new label for an old idea. Check each device, user, service, or other entity’s trustworthiness before providing it access, then periodically recheck trustworthiness while access is allowed to make sure the entity hasn’t been hacked. Reduce the consequences of any breach of confidence by granting each entity access to only the resources it requires. The number of events and the severity of those that do happen can both be decreased by using zero-trust principles.

6. Understand the dangers posed by supply networks

A nation-state can effectively penetrate a single business, and that business may provide thousands of other businesses with tainted technological goods or services. These businesses will then become compromised, which might disclose their own customers’ data to the original attackers or result in compromised services being offered to customers. Millions of businesses and people might be harmed as a result of what began with one infiltrating corporation.

In conclusion, a defense-in-depth approach to cybersecurity won’t vanish. Organizations may never be able to totally eliminate the danger of a cyberattack, but having a variety of technologies and procedures in place can assist in guaranteeing that the risks are kept to a minimum.

References:

• https://www.comparitech.com/vpn/cybersecurity-cyber-crime-statistics-facts-trends/
• https://www.google.com/about/datacenters/data-security/
• https://www.ibm.com/in-en/topics/cybersecurity
• https://www.cybersecurityforme.com/what-is-the-future-of-cybersecurity/

[1] https://www.google.com/about/datacenters/data-security/

Executive Summary:

A viral photo on social media claims to show a ruined bridge in Kerala, India. But, a reality check shows that the bridge is in Amtali, Barguna district, Bangladesh. The reverse image search of this picture led to a Bengali news article detailing the bridge's critical condition. This bridge was built-in 2002 to 2006 over Jugia Khal in Arpangashia Union. It has not been repaired and experiences recurrent accidents and has the potential to collapse, which would disrupt local connectivity. Thus, the social media claims are false and misleading.

Claims:

Social Media users share a photo that shows a ruined bridge in Kerala, India. 

Fact Check:

On receiving the posts, we reverse searched the image which leads to a Bengali News website named Manavjamin where the title displays, “19 dangerous bridges in Amtali, lakhs of people in fear”. We found the picture on this website similar to the viral image. On reading the whole article, we found that the bridge is located in Bangladesh's Amtali sub-district of Barguna district.

Taking a cue from this, we then searched for the bridge in that region. We found a similar bridge at the same location in Amtali, Bangladesh.

According to the article, The 40-meter bridge over Jugia Khal in Arpangashia Union, Amtali, was built in 2002 to 2006 and was never repaired. It is in a critical condition, causing frequent accidents and risking collapse. If the bridge collapses it will disrupt communication between multiple villages and the upazila town. Residents have made temporary repairs. 

Hence, the claims made by social media users are fake and misleading.

Conclusion:

In conclusion, the viral photo claiming to show a ruined bridge in Kerala is actually from Amtali, Barguna district, Bangladesh. The bridge is in a critical state, with frequent accidents and the risk of collapse threatening local connectivity. Therefore, the claims made by social media users are false and misleading.

• Claim: A viral image shows a ruined bridge in Kerala, India. 
• Claimed on: Facebook
• Fact Check: Fake & Misleading

‍