#FactCheck: Viral Video of Chandra Arya Speaking Kannada Unrelated to Canadian PM Nomination

Introduction

India's National Commission for Protection of Child Rights (NCPCR) is set to approach the Ministry of Electronics and Information Technology (MeitY) to recommend mandating a KYC-based system for verifying children's age under the Digital Personal Data Protection (DPDP) Act. The decision to approach or send recommendations to MeitY was taken by NCPCR in a closed-door meeting held on August 13 with social media entities. In the meeting, NCPCR emphasised proposing a KYC-based age verification mechanism. In this background, Section 9 of the Digital Personal Data Protection Act, 2023 defines a child as someone below the age of 18, and Section 9 mandates that such children have to be verified and parental consent will be required before processing their personal data.

Requirement of Verifiable Consent Under Section 9 of DPDP Act

Regarding the processing of children's personal data, Section 9 of the DPDP Act, 2023, provides that for children below 18 years of age, consent from parents/legal guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or lawful guardian. Additionally, behavioural monitoring or targeted advertising directed at children is prohibited. 

Ongoing debate on Method to obtain Verifiable Consent

Section 9 of the DPDP Act gives parents or lawful guardians more control over their children's data and privacy, and it empowers them to make decisions about how to manage their children's online activities/permissions. However, obtaining such verifiable consent from the parent or legal guardian presents a quandary. It was expected that the upcoming 'DPDP rules,' which have yet to be notified by the Central Government, would shed light on the procedure of obtaining such verifiable consent from a parent or lawful guardian.

However, In the meeting held on 18th July 2024, between MeitY and social media companies to discuss the upcoming Digital Personal Data Protection Rules (DPDP Rules), MeitY stated that it may not intend to prescribe a ‘specific mechanism’ for Data Fiduciaries to verify parental consent for minors using digital services. MeitY instead emphasised obligations put forth on the data fiduciary under section 8(4) of the DPDP Act to implement “appropriate technical and organisational measures” to ensure effective observance of the provisions contained under this act. 

In a recent update, MeitY held a review meeting on DPDP rules, where they focused on a method for determining children's ages. It was reported that the ministry is making a few more revisions before releasing the guidelines for public input.

CyberPeace Policy Outlook

CyberPeace in its policy recommendations paper published last month, (available here) also advised obtaining verifiable parental consent through methods such as Government Issued ID, integration of parental consent at ‘entry points’ like app stores,  obtaining consent through consent forms, or drawing attention from foreign laws such as California Privacy Law, COPPA, and developing child-friendly SIMs for enhanced child privacy.

CyberPeace in its policy paper also emphasised that when deciding the method to obtain verifiable consent, the respective platforms need to be aligned with the fact that verifiable age verification must be done without compromising user privacy. Balancing user privacy is a question of both technological capabilities and ethical considerations. 

DPDP Act is a brand new framework for protecting digital personal data and also puts forth certain obligations on Data Fiduciaries and provides certain rights to Data Principal. With upcoming ‘DPDP Rules’ which are expected to be notified soon, will define the detailed procedure for the implementation of the provisions of the Act. MeitY is refining the DPDP rules before they come out for public consultation. The approach of NCPCR is aimed at ensuring child safety in this digital era. We hope that MeitY comes up with a sound mechanism for obtaining verifiable consent from parents/lawful guardians after taking due consideration to recommendations put forth by various stakeholders, expert organisations and concerned authorities such as NCPCR. 

References

1. https://www.moneycontrol.com/technology/dpdp-rules-ncpcr-to-recommend-meity-to-bring-in-kyc-based-age-verification-for-children-article-12801563.html
2. https://pune.news/government/ncpcr-pushes-for-kyc-based-age-verification-in-digital-data-protection-a-new-era-for-child-safety-215989/#:~:text=During%20this%20meeting%2C%20NCPCR%20issued,consent%20before%20processing%20their%20data
3. https://www.hindustantimes.com/india-news/ncpcr-likely-to-seek-clause-for-parents-consent-under-data-protection-rules-101724180521788.html
4. https://www.drishtiias.com/daily-updates/daily-news-analysis/dpdp-act-2023-and-the-isssue-of-parental-consent

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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  

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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.