Tata Sky v/s Linkedin and RBI & Meity Summoned At Parliament
Introduction
In recent times the evolution of cyber laws has picked up momentum, primarily because of new and emerging technologies. However, just as with any other law, the same is also strengthened and substantiated by judicial precedents and judgements. Recently Delhi High Court has heard a matter between Tata Sky and Linkedin, where the court has asked them to present their Chief Grievance Officer details and SoP per the intermediary guidelines 2021.
Furthermore, in another news, officials from RBI and Meity have been summoned by the Parliamentary Standing Committee in order to address the rising issues of cyber securities and cybercrimes in India. This comes on the very first day of the monsoon session of the parliament this year. As we move towards the aspects of digital India, addressing these concerns are of utmost importance to safeguard the Indian Netizen.
The Issue
Tata Sky changed its name to Tata Play last year and has since then made its advent in the OTT sector as well. As the rebranding took place, the company was very cautious of anyone using the name Tata Sky in a bad light. Tata Play found that a lot of people on Linkedin had posted their work experience in Tata Sky for multiple years, as any new recruiter cannot verify the same. This poses a misappropriation of the brand’s name. This issue was reported to Linkedin multiple times by officials of Tata Play, but no significant action was seen. This led to an issue between the two brands; hence, a matter has been filed in front of the Hon’ble Delhi High Court to address the issue. The court has taken due cognisance of the issue, and hence in accordance with the Intermediary Guidelines 2021, the court has directed Linkedlin to provide the details of their Cheif Grievance Officer in the public domain and also to share the SoP for the redressal of issues and grievances. The guidelines made it mandatory for all intermediaries to set up a dedicated office in India and appoint a Chief Grievance Officer responsible for effective and efficient redressal of the platform-related offences and grievances within the stipulated period.
The job platform has also been ordered to share the SoPs and the various requirements and safety checks for users to create profiles over Linkedin. The policy of Linkedin is focused towards the users as well as the companies existing on the platform in order to create a synergy between the two.
RBI and Meity Official at Praliament
As we go deeper into cyberspace, especially after the pandemic, we have seen an exponential rise in cybercrimes. Based on statistics, 4 out of 10 people have been victims of cybercrimes in 2022-23, and it is estimated that 70% of the population has been subjected to direct or indirect cybercrime. As per the latest statistics, 85% of Indian children have been subjected to cyberbullying in some form or the other.
The government has taken note of the rising numbers of such crimes and threats, and hence the Parliamentary Committee has summoned the officials from RBI and the Ministery of Electronics and Information Technology to the parliament on July 20, 2023, i.e. the first day of monsoon session at the parliament. This comes at a very crucial time as the Digital Personal Data Protection Bill is to be tabled in the parliament this session and this marks the revamping of the legislation and regulations in the Indian cyberspace. As emerging technologies have started to surround us it is pertinent to create legal safeguards and practices to protect the Indian Netizen at large.
Conclusion
The legal crossroads between Tata Sky and Linkedin will go a long way in establishing the mandates under the Intermediary guidelines in the form of legal precedents. The compliance with the rule of law is the most crucial aspect of any democracy. Hence the separation of power between the Legislature, Judiciary and Execution has been fundamental in safeguarding basic and fundamental rights. Similarly, the RBI and Meity officials being summoned to the parliament shows the transparency in the system and defines the true spirit of democracy., which will contribute towards creating a safe and secured Indian Cyberspace.
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Introduction
The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.
The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.
Defining the certain Clauses of the bill
Clause 1 (dd) - The Programme
In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.
Clause 2(v) - The news and current affairs
Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.
Clause 2(y) Over the Top Broadcasting Services
Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.
Clause 4(4) - Requirements for Broadcasters and Network Operators
The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.
Clause 27 - Advisory Council
The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.
A Way Forward
It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.
The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.
References
- https://scroll.in/article/1059881/why-indias-new-draft-broadcast-bill-has-raised-fears-of-censorship-and-press-suppression#:~:text=The%20bill%20extends%20the%20regulatory,regulation%20through%20content%20evaluation%20committees.
- https://pib.gov.in/PressReleasePage.aspx?PRID=1976200
- https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html
Introduction
The world has been witnessing various advancements in cyberspace, and one of the major changes is the speed with which we gain and share information. Cyberspace has been declared as the fifth dimension of warfare, and hence, the influence of technology will go a long way in safeguarding ourselves and our nation. Information plays a vital role in this scenario, and due to the easy access to information, the instances of misinformation and disinformation have been rampant across the globe. In the recent Russia-Ukraine crisis, it was clearly seen how instances of misinformation can lead to major loss and harm to a nation and its subjects. All nations and global leaders are deliberating upon this aspect and efficient sharing of information among friendly nations and inter-government organisations.
What is IW?
IW, also known as Information warfare, is a critical aspect of defending our cyberspace. Information Warfare, in its broadest sense, is a struggle over the information and communications process, a struggle that began with the advent of human communication and conflict. Over the past few decades, the rapid rise in information and communication technologies and their increasing prevalence in our society has revolutionised the communications process and, with it, the significance and implications of information warfare. Information warfare is the application of destructive force on a large scale against information assets and systems, against the computers and networks that support the four critical infrastructures (the power grid, communications, financial, and transportation). However, protecting against computer intrusion, even on a smaller scale, is in the national security interests of the country and is important in the current discussion about information warfare.
IW in India
The aspects of misinformation have been recently seen in India in the form of the violence in Manipur and Nuh, which resulted in a massive loss of property and even human lives. A lot of miscreants or anti-national elements often seed misinformation in our daily news feed, and this is often magnified by social media platforms such as Instagram or X (formerly known as Twitter) and OTT-based messaging applications like WhatsApp or Telegram during the pandemic. It was seen nearly every week that some or the other new ways to treat COVID-19 were shared on Social media, which were false and inaccurate, especially in regard to the vaccination drive. A lot of posts and messages highlighted that the Vaccine is not safe, but a lot of this was a part of misinformation propaganda. Most of the time, the speed of spread of such episodes of misinformation is rapid and is often spread by the use of social media platforms and OTT messaging applications.
IW and Indian Army
Former Meta employees have recently come up with allegations that the Chinar Corp of the Indian Army had approached the social media giant to suppress some pages and channels which propagated content that may be objectionable. It is alleged that the formation made such a request to propagate its counterintelligence operations against Pakistan. The Chinar Corps is one of the most prestigious formations of the Indian Army and has the operational area of Kashmir Valley. The instances of online grooming and brainwashing have been common from the anti-national elements of Pakistan, as a faction of youth has been engaged in terrorist activities directly or indirectly. Various messaging and social media apps are used by the bad actors to lure in innocent youth on the fake and fabricated pretext of religion or any other social issue. The Indian Army had launched an anti-misinformation campaign in Kashmir, which aimed to protect Kashmiris from the propaganda of fake news and misinformation, which often led to radicalisation or even riots or attacks on defence forces. The aspect of net neutrality is often misused by bad actors in areas which are sociological, critical or unstable. The Indian Army has created special offices focusing on IW at all levels of formations, and the same is also used to eradicate all or any fake news or fake propaganda against the Indian Army.
Conclusion
Information has always been a source of power since the days of the Roman Empire. Control, dissemination, moderation and mode of sharing of information plays a vital role for any nation both in term of safety from external threats and to maintain National Security. Information Warfare is part of the 5th dimension of warfare, i.e., Cyberwar and is a growing concern for developed as well as developing nations. Information warfare is a critical aspect which needs to be incorporated in terms of basic training for defence personnel and law enforcement agencies. The anti-misinformation operation in Kashmir was primarily focused towards eradicating the bad elements after repealing Article 377, from cyberspace and ensuring harmony, peace, stability and prosperity in the state.
References
- https://irp.fas.org/eprint/snyder/infowarfare.htm
- https://www.thehindu.com/news/national/metas-india-team-delayed-action-against-army-led-misinfo-op-in-kashmir-us-news-report/article67352470.ece
- https://www.indiatoday.in/india/story/facebook-instagram-block-handles-of-chinar-corps-no-response-from-company-over-a-week-says-officials-1910445-2022-02-08
Introduction
The Online Lottery Scam involves a scammer reaching out through email, phone or SMS to inform you that you have won a significant amount of money in a lottery, instructing you to contact an agent at a specific phone number or email address that actually belongs to the fraudster. Once the agent is reached out to, the recipient will need to cover processing charges in order to claim the lottery reward. Upfront Paying is required in order to receive your reward. However, actual rewards come at no cost. Additionally, such defective 'offers’ often contain phishing attacks, tricking users into clicking on malicious links.
Modus Operandi
The common lottery fraud starts with a message stating that the receiver has won a large lottery prize. These messages are frequently crafted to imitate official correspondence from reputable institutions, sweepstakes, or foreign administrations. The scammers request the receiver to give personal information like name, address, and banking details, or to make a payment for taxes, processing fees, or legal procedures. After the victim sends the money or discloses their personal details, the scammers may vanish or persist in requesting more payments for different reasons.
Tactics and Psychological Manipulation
These fraudulent techniques mostly rely on psychological manipulation to work. Fraudsters by persuading the victims create the fake sense of emergency that they must act quickly in order to get the lottery prize. Additionally, they prey on people's hopes for a better life by convincing them that this unanticipated gain has the power to change their destiny. Many people fall prey to the scam because they are driven by the desire to get wealthy and fail to recognize the warning indications. Additionally, fraudsters frequently use convincing language and fictitious documentation that appears authentic, hence users need to be extra cautious and recognise the early signs of such online fraudulent activities.
Festive Season and Uptick in Deceptive Online Scams
As the festive season begins, there is a surge in deceptive online scams that aim at targeting innocent internet users. A few examples of such scams include, free Navratri garba passes, quiz participation opportunities, coupons offering freebies, fake offers of cheap jewellery, counterfeit product sales, festival lotteries, fake lucky draws and charity appeals. Most of these scams are targeted to lure the victims for financial gain.
In 2023, CyberPeace released a research report on the Navratri festivities scam where we highlighted the ‘Tanishq iPhone 15 Gift’ scam which involved fraudsters posing as Tanishq, a well-known jewellery brand, and offering fake iPhone 15 as Navratri gifts. Victims were lured into clicking on malicious links. CyberPeace issued a detailed advisory within the report, highlighting that the public must exercise vigilance, scrutinise the legitimacy of such offers, and take precautionary measures to shield themselves from falling prey to such deceptive cyber schemes.
Preventive Measures for Lottery Scams
To avoid lottery scams ,users should avoid responding to messages or calls about fake lottery wins, verify the source of the lottery, maintain confidentiality by not sharing sensitive personal details, approach unexpected windfalls with scepticism, avoid upfront payment requests, and recognize manipulative tactics by scammers. Ignoring messages or calls about fake lottery wins is a smart move. Verifying the source and asking probing questions is also crucial. Users are also advisednot to click on such unsolicited links of lottery prizes received in emails or messages as such links can be phishing attempts. These best practices can help protect the victims against scammers who pressurise victims to act quickly that led them to fall prey to such scams.
Must-Know Tips to Prevent Lottery Scams
● It is advised to steer clear of any communication that offers lotteries or giveaways, as these are often perceived as too good to be true.
● It is advised to refrain from transferring money to individuals/entities who are unknown without verifying their identity and credibility.
● If you have already given the fraudsters your bank account details, it is crucial to alert your bank immediately.
● Report any such incidents on the National Cyber Crime Reporting Portal at cybercrime.gov.in or Cyber Crime Helpline Number 1930.
