Intermediary Guidelines and Digital Media Ethics Code Amendment Rules, 2023
Introduction
The Ministry of Electronics and Information Technology recently released the IT Intermediary Guidelines 2023 Amendment for social media and online gaming. The notification is crucial when the Digital India Bill’s drafting is underway. There is no denying that this bill, part of a series of bills focused on amendments and adding new provisions, will significantly improve the dynamics of Cyberspace in India in terms of reporting, grievance redressal, accountability and protection of digital rights and duties.
What is the Amendment?
The amendment comes as a key feature of cyberspace as the bill introduces fact-checking, a crucial aspect of relating information on various platforms prevailing in cyberspace. Misformation and disinformation were seen rising significantly during the Covid-19 pandemic, and fact-checking was more important than ever. This has been taken into consideration by the policymakers and hence has been incorporated as part of the Intermediary guidelines. The key features of the guidelines are as follows –
- The phrase “online game,” which is now defined as “a game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary,” has been added.
- A clause has been added that emphasises that if an online game poses a risk of harm to the user, intermediaries and complaint-handling systems must advise the user not to host, display, upload, modify, publish, transmit, store, update, or share any data related to that risky online game.
- A proviso to Rule 3(1)(f) has been added, which states that if an online gaming intermediary has provided users access to any legal online real money game, it must promptly notify its users of the change, within 24 hours.
- Sub-rules have been added to Rule 4 that focus on any legal online real money game and require large social media intermediaries to exercise further due diligence. In certain situations, online gaming intermediaries:
- Are required to display a demonstrable and obvious mark of verification of such online game by an online gaming self-regulatory organisation on such permitted online real money game
- Will not offer to finance themselves or allow financing to be provided by a third party.
- Verification of real money online gaming has been added to Rule 4-A.
- The Ministry may name as many self-regulatory organisations for online gaming as it deems necessary for confirming an online real-money game.
- Each online gaming self-regulatory body will prominently publish on its website/mobile application the procedure for filing complaints and the appropriate contact information.
- After reviewing an application, the self-regulatory authority may declare a real money online game to be a legal game if it is satisfied that:
- There is no wagering on the outcome of the game.
- Complies with the regulations governing the legal age at which a person can engage into a contract.
- The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have a new rule 4-B (Applicability of certain obligations after an initial period) that states that the obligations of the rule under rules 3 and 4 will only apply to online games after a three-month period has passed.
- According to Rule 4-C (Obligations in Relation to Online Games Other Than Online Real Money Games), the Central Government may direct the intermediary to make necessary modifications without affecting the main idea if it deems it necessary in the interest of India’s sovereignty and integrity, the security of the State, or friendship with foreign States.
- Intermediaries, such as social media companies or internet service providers, will have to take action against such content identified by this unit or risk losing their “safe harbour” protections under Section 79 of the IT Act, which let intermediaries escape liability for what third parties post on their websites. This is problematic and unacceptable. Additionally, these notified revisions can circumvent the takedown order process described in Section 69A of the IT Act, 2000. They also violated the ruling in Shreya Singhal v. Union of India (2015), which established precise rules for content banning.
- The government cannot decide if any material is “fake” or “false” without a right of appeal or the ability for judicial monitoring since the power to do so could be abused to thwart examination or investigation by media groups. Government takedown orders have been issued for critical remarks or opinions posted on social media sites; most of the platforms have to abide by them, and just a few, like Twitter, have challenged them in court.
Conclusion
The new rules briefly cover the aspects of fact-checking, content takedown by Govt, and the relevance and scope of sections 69A and 79 of the Information Technology Act, 2000. Hence, it is pertinent that the intermediaries maintain compliance with rules to ensure that the regulations are sustainable and efficient for the future. Despite these rules, the responsibility of the netizens cannot be neglected, and hence active civic participation coupled with such efficient regulations will go a long way in safeguarding the Indian cyber ecosystem.
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Introduction
In the labyrinthine expanse of the digital age, where the ethereal threads of our connections weave a tapestry of virtual existence, there lies a sinister phenomenon that preys upon the vulnerabilities of human emotion and trust. This phenomenon, known as cyber kidnapping, recently ensnared a 17-year-old Chinese exchange student, Kai Zhuang, in its deceptive grip, leading to an $80,000 extortion from his distraught parents. The chilling narrative of Zhuang found cold and scared in a tent in the Utah wilderness, serves as a stark reminder of the pernicious reach of cybercrime.
The Cyber Kidnapping
The term 'cyber kidnapping' typically denotes a form of cybercrime where malefactors gain unauthorised access to computer systems or data, holding it hostage for ransom. Yet, in the context of Zhuang's ordeal, it took on a more harrowing dimension—a psychological manipulation through online communication that convinced his family of his peril, despite his physical safety before the scam.
The Incident
The incident unfolded like a modern-day thriller, with Zhuang's parents in China alerting officials at his host high school in Riverdale, Utah, of his disappearance on 28 December 2023. A meticulous investigation ensued, tracing bank records, purchases, and phone data, leading authorities to Zhuang's isolated encampment, 25 miles north of Brigham City. In the frigid embrace of Utah's winter, Zhuang awaited rescue, armed only with a heat blanket, a sleeping bag, limited provisions, and the very phones used to orchestrate his cyber kidnapping.
Upon his rescue, Zhuang's first requests were poignantly human—a warm cheeseburger and a conversation with his family, who had been manipulated into paying the hefty ransom during the cyber-kidnapping scam. This incident not only highlights the emotional toll of such crimes but also the urgent need for awareness and preventative measures.
The Aftermath
To navigate the treacherous waters of cyber threats, one must adopt the scepticism of a seasoned detective when confronted with unsolicited messages that reek of urgency or threat. The verification of identities becomes a crucial shield, a bulwark against deception. Sharing sensitive information online is akin to casting pearls before swine, where once relinquished, control is lost forever. Privacy settings on social media are the ramparts that must be fortified, and the education of family and friends becomes a communal armour against the onslaught of cyber threats.
The Chinese embassy in Washington has sounded the alarm, warning its citizens in the U.S. about the risks of 'virtual kidnapping' and other online frauds. This scam fragments a larger criminal mosaic that threatens to ensnare parents worldwide.
Kai Zhuang's story, while unique in its details, is not an isolated event. Experts warn that technological advancements have made it easier for criminals to pursue cyber kidnapping schemes. The impersonation of loved ones' voices using artificial intelligence, the mining of social media for personal data, and the spoofing of phone numbers are all tools in the cyber kidnapper's arsenal.
The Way Forward
The crimes have evolved, targeting not just the vulnerable but also those who might seem beyond reach, demanding larger ransoms and leaving a trail of psychological devastation in their wake. Cybercrime, as one expert chillingly notes, may well be the most lucrative of crimes, transcending borders, languages, and identities.
In the face of such threats, awareness is the first line of defense. Reporting suspicious activity to the FBI's Internet Crime Complaint Center, verifying the whereabouts of loved ones, and establishing emergency protocols are all steps that can fortify one's digital fortress. Telecommunications companies and law enforcement agencies also have a role to play in authenticating and tracing the source of calls, adding another layer of protection.
Conclusion
The surreal experience of reading about cyber kidnapping belies the very real danger it poses. It is a crime that thrives in the shadows of our interconnected world, a reminder that our digital lives are as vulnerable as our physical ones. As we navigate this complex web, let us arm ourselves with knowledge, vigilance, and the resolve to protect not just our data, but the very essence of our human connections.
References
- https://www.bbc.com/news/world-us-canada-67869517
- https://www.ndtv.com/feature/what-is-cyber-kidnapping-and-how-it-can-be-avoided-4792135
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.
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.
Some common issues reported on social media:
- 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.
Submitting a Complaint to the Indian Grievance Officer for Facebook:
A user can report his issue through the below-mentioned websites:
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.
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.
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.
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.
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
Introduction
Human Trafficking has been a significant concern and threat to society for a very long time. The aspects of our physical safety also have been influenced by human traffickers and the modus operandi they have adopted and deployed over the years. We are always cautious of younger children in regard to trafficking whenever we go out to crowded or unknown places. This concern and threat have also migrated to cyberspace and now pose new and different tangents of threats. These crimes are committed using technology and are further substantiated by different cybercrimes.
What is Cyber-Enabled Human Trafficking?
Cyber-enabled human trafficking is the new evolution of human trafficking in the digital age. Bad actors lure the victims via the internet and use social engineering to exploit their vulnerabilities to get them into their traps. In today's time, crime is often substantiated in lieu of fake job offers and a better lifestyle in new and major metropolitan cities. Now this crime has gone beyond the geographical boundaries of our nation, and often the victims end up in remote locations in the Middle East or South East Asia.
Cybercrime Hubs in Myanmar
The reports have indicated that a lot of trafficked victims are taken down to various cybercrime hubs in Myanmar. The victims are often lured on the pretext of job offers overseas, which pay handsomely. The victims make their way into the foreign nation but are then cornered by the bad actors and are segregated and taken into different hubs. The victims are often school graduates and seek basic jobs for their earnings. The victims are taken into Cybercrime hubs which Chinese syndicate criminals allegedly run.The victims are kept in tough conditions, beaten up, and held captive in remote jungles. Once the victim has lost hope, the criminals train them to commit cyber frauds like phishing. The victims are given scripts and mobile numbers to commit cybercrimes. The victims are given targets to ensure their survival, and due to the dark and threatening conditions, the victims just give up on the demands just to remain alive. Some of the victims make their way back home as well, but that is after 6-7 years of such constant torture and abuse to commit cybercrimes. The majority of such survivors face trouble seeking legal assistance as the criminals are almost impossible to track, thus making redressal for crimes and rehabilitation for survivors tough.
How to stay safe?
The criminals in such acts often target the vulnerable sector of the population, these people generally hail from tier 3 towns and rural areas. These victims aspire for a better life and earning opportunities, and due to less education and minimal awareness, they fail to see the traps set by the victims. The population at large can deploy the following measures and safe practices to avoid such horrific threats-
- Avoid Stranger interaction: Avoid interacting with strangers on any online platform or portal. Social media sites are the most used platforms by bad actors to make contact with potential victims.
- Do not Share: Avoid sharing any personal information with anyone online, and avoid filling out third-party surveys/forms seeking personal information.
- Check, Check and Recheck: Always be on alert for threats and always check and cross-check any link or platform you use or access.
- Too good to be true: If something feels like Too good to be true, it probably is and hence avoid falling for attractive job offers and work-from-home opportunities on social media platforms.
- Know your helplines: One should know the helpline numbers to make sure to exercise the reporting duty and also encourage your family members to report in case of any threat or issue.
- Raise Awareness: It is the duty of all netizens to raise awareness in society to arm more people against cybercrimes and fraud.
Conclusion
The name of cybercriminals is spreading all across the ecosystems, and now the technology is being deployed by such bad actors to even substantiate physical crimes. We need to be on alert and remain aware of such crimes and the modus Operandi of cyber criminals. Awareness and education are our best weapons to combat the threats and issues of cyber-enabled human trafficking, as the criminals feed on our vulnerabilities, lets eradicate them for once and for all and work towards creating a wholesome safe cyber ecosystem for all.https://www.scmp.com/week-asia/politics/article/3228543/inside-chinese-run-crime-hubs-myanmar-are-conning-world-we-can-kill-you-here
