Hackers utilise computer technology to obtain personal and professional
information or documents belonging to an individual or an organisation for
malicious or wicked purposes, making cybercrime a severe danger to the public.
Various steps should be adopted in India to safeguard and educate youngsters
against cyberbullying and cyberstalking.
It will also discuss legal action, the
impact on victims, punishment, and prevention strategies for a wide spectrum of
cyber crimes. Additionally, the research will examine how child sex assaults
might be avoided by examining the psychology of the perpetrators.
enacted its Cyberspace Act, cybercrime against women was a relatively new
phenomenon in India. Cybercrime and the victimisation of women are on the rise,
and they constitute a significant danger to an individual's overall security as
a result of the advancement of technology.
To tackle cybercrime, India is one of
the few nations that has passed an IT Act. However, there are still no
provisions for women's difficulties in this legislation. Crimes committed
through the internet, cell phones, and other technological devices are aimed at
women. Research on women as victims and survivors of cybercrime has been
Misinformation on social media should be acknowledged as a worldwide public
health problem by anthropologist Heidi Larson. As Brian D. Loader and Dan Mercea
point out, social media has the ability to disrupt social connections in ways
Indeterminate and depending on a multiplicity of conflicts between
social actors, organisations and institutions that have competing conceptions of
After repeated stories of mob lynchings in prominent Indian
media sources in 2018, this worry over internet disinformation reached a fever
According to Indian researchers, WhatsApp should pay more attention to
the cultural and institutional variables at play in cases of lynching and
harassment. They suggest that WhatsApp, the Ministry of Electronics and
Information Technology (IT), and civil society players should focus on local
culture and institutions rather than relying on international standards.
Regulating Digital Platforms: We look at the major methods taken in various
national settings to the legal regulation of digital platforms.
Indian Prashant Reddy:
When does the platform itself have responsibility for the
speech of individuals who utilise it, if the platform is not itself responsible
for the content? " NetzDG, a new German law, punishes social media providers who
fail to remove manifestly illegal
information. It's clear that governments are
becoming more frustrated by the century of control and new school speech
restrictions, according to Indian law professor Reddy.
liability rule has undergone significant changes and interpretations in India
since its adoption in 2000. It has been recommended that Section 230 of the
Communications Decency Act be amended to make absolution from liability reliant
on demonstrating that platforms have made a good faith attempt to remove
improper material when it is brought to their attention by a customer.
Section 79 of the IT Act, which governs information intermediaries, was proposed
to be amended in the Indian Parliament. It would oblige intermediaries to
monitor and delete material, as well as constantly remind users of these legal
duties, while also making conversations that occur on their platforms
Haddressing Mistakes Are Allowed On Whatsapp In India
. 281 There
are concerns about digital prioritisation and censorship as a result of this
method in India, according to him. It is possible that prominent platforms might
become too moderate under the danger of liability if they take such a tense
stance. 26 because platforms like WhatsApp may still offer encrypted services if
they believe it essential to their value to the user-they will merely lose safe
harbour from liability in the process of providing such services.
multinational infrastructure owners and social media platforms to adapt their
self-conception... to perceive themselves as a new sort of media firm to
safeguard the global public good of a free Internet, concludes Balkin.
Haddressing Mistakes Are Allowed On Whatsapp In India.
avenues for rumours to spread There have been many outbreaks of sectarian
violence in India over the last decade, in which rumours and communication
technology have played a part. Indian academics should investigate the premise
that rumour may incite violence, which is older than WhatsApp and digital
communication. WhatsApp's biggest shift in 2018 is that the Indian government is
pressuring the company to alter its methods. Disinformation and incitement to
violence are two of the most common concerns associated with WhatsApp rumours.
Next, the violence in Muzaffarnagar was blamed on Whatsapp. Child-lifting
complaints from a Hindi daily were translated into WhatsApp postings and
WhatsApp chats. All of these examples seem to have been based on misinformation
rather than false news. Fake news never causes violence
is not a definitive
statement. An incitement-to-violence viewpoint must be taken into account while
looking at the riots and murders in India caused by rumours.
There have been a number of stories of mob violence that are based only on
rumour. While large-scale riots have occurred in India, the recent years have
witnessed an increase in lynchings. According to Ashutosh Varshney's theory,
major riots would decrease as earnings increased and would be replaced by
smaller-scale disturbances. Rather than focusing on the reality of the rumours,
it is vital to look at why the rumours are leading to mob violence. In contrast
to "fake news," rumours ability to incite hate is a relevant lens for examining
There is a feeling of vulnerability, a collapse in social order, and a narrative
in which murder is not just-justifiable, but even required when rumours
circulate (Das 1998). We may evaluate the WhatsApp lynchings
through the prism
of rumour, rather than false news
Using Welsh's approaches in India has a
good argument. WhatsApp's role Because most of Indian hate speech jurisprudence
involves criminal law and tends to concentrate on the speaker or pre-censorship
of speech, this specific kind may need to be dealt differently (Arun and Nayak
2016). There are still disputes regarding whether the stories themselves promote
violence, or whether it is the setting that makes them violent. According to
Whatsapp, Free Kashmir
has been wrongly flagged as locally unlawful material
for filtering reasons, whereas it is in reality permitted expression.
WhatsApp has been identified as a key facilitator of the issue
by the ministry
of Electronics and Information Technology. WhatsApp's widespread adoption in
India is obvious to everyone who has a smartphone. This makes it evident that
the violence is not necessarily the consequence of WhatsApp misinformation, but
rather a result of other factors. In India, a forwarded communication is now
referred to as "forwarded," although it still does not reveal the identity of
the sender. However, WhatsApp is the most used app in India for spreading
rumours and gossip.
Recently, WhatsApp has set up a local business in India, and has appointed a
"country head" to oversee the development of a local workforce. Consequently, we
must take a closer look at WhatsApp's possible participation in the rumour.
Track, ban, or report hazardous information and trace it back to the original
originator have been advised by the corporation. As part of these adjustments,
WhatsApp has labelled forwarded material to make it clear to the user and
restricted speedy forwarding to five conversations at once. Some degree of
co-operation with government monitoring is very certainly already in place.
The second point is if WhatsApp's compliance with the Indian government's
requests may have an impact on the basic rights of people in India.. Government
officials in India have also requested that texts be traceable (MeitY 2018b). In
accordance with WhatsApp's regulations Much relies on the nature of the rumour
ecology, as well as any possible collateral damage that may result from such an
intervention. In India, all phone numbers are connected to government-issued
identifiers, making it simple for the Indian government to match a WhatsApp
user's phone number to the person they are in touch with. We should expect human
rights violations if WhatsApp distributes data in response to every governmental
There have been other platforms that have participated in this kind of perfi ty
before, and WhatsApp would not be the first. Shared chat material is the most
hazardous method WhatsApp might violate human rights. Taking a risk like this in
a nation where WhatsApp has a critical function and is under official scrutiny
is strange. As shown by the recent "Human Rights Impact Assessment of Whatsapp
in Myanmar," Whatsapp is aware of the hazards associated with employing locals
in unstable areas.
When the quantity of data being generated and stored continues to rise at an
astronomical pace, the need for data security becomes more apparent. Civilized
nations, like India and the United States, recognise and respect the right to
privacy. Legislation governing personal data protection was introduced in the
Malaysian parliament on December 11, 2019, and is now being examined by the
Joint Parliamentary Committee. The goal of this legislation is to safeguard the
privacy of individuals' personal information in the years to come. To date, the
Indian data protection law has been litigated in court since Retired Justice K.S.
Puttaswami's suit to the Supreme Court of India.
Sansad Tv Discussions
Of the world's total 2 billion WhatsApp users, almost 400 million are from
India. For companies and third-party service providers who utilise these
platforms, the policy permits WhatsApp and Whatsapp to exchange user
information. In spite of its end-to-end encryption guarantee, Whatsapp is only
able to protect its users' communications from being seen or shared. If you're
going to use encryption, you need to think about how you're going to use it, not
simply what you're using. In 128 of the 194 nations surveyed, legislation
protecting data and privacy was in existence.
Data protection laws are in place in 43 of the EU's 45 member states. More than
half of the world's nations have enacted similar laws, with 23 of those
contract between the corporation and its users, allowing the latter to retain
their private. According to the recommendations of the AP Shah committee, India
should build its own digital sovereignty and its own Apps should adhere to the
nine privacy standards. It is past time for people to realise how important
privacy is and how it must be protected at all costs.
Data that has already been collected by the company and shared with other Apps
may still be removed by deleting the App. It has been reported that the Indian
Ministry of Electronics and Information Technology (MeitY) has addressed a stern
letter to the CEO of WhatsApp. According to MeitY's request, the company's
Whatsapp's parent firm, Whatsapp, will be given access to business user data
under the new policy. When it was originally scheduled to go into effect on
February 8, it has been postponed until May 15.
The Concept Of Privacy: A Philosophical Look
The concept of privacy has been analyzed extensively by contemporary
philosophers. Most contemporary accounts of privacy tie it closely to the
concept of information. Although control of information is an aspect of privacy,
these definitions emphasizing control are inadequate. There are many situations
in which people have no control over the exchange of personal information about
themselves but in which there is no loss of privacy.
Contemporary philosophers have spent a lot of time debating the idea of privacy.
Information technology has had a profound influence on the lives of
philosophers, as much as on the rest of us, throughout the last several decades.
So it is not unexpected that the idea of privacy is tightly linked to the
concept of information in modern philosophical interpretations.
circumstances in which persons do not have control over the flow of personal
information about themselves, but do not lose privacy, fall under this category,
therefore these definitions are insufficient. Consider a few instances to
illustrate the point. 7 Privacy has been defended by philosophers in a number of
ways. In Stanley Benn's view, privacy stems from a regard for individuals.
Respecting someone as a person means acknowledging that one's own actions may
have an impact on his or her business. Popularity and at least initial
plausibility make this sort of privacy explanation a viable one. Giving respect
for people as the basis for privacy is problematic since it doesn't
differentiate when it's appropriate and when it can't be used. There are a
number of additional laws and regulations in place to address the problem of
privacy, including the PDP Bill, 2019.
Present Regulatory Framework
Without a specific data protection law, India attempts to address issues with
this issue by enacting laws and regulations from time to time. We will assess
the existing laws, rules, and regulations to see how effective they are, and
this study should reveal whether we require a new law specifically devoted to
safeguarding the privacy of individuals' personal data.
Privacy And Data Protection Legislation
With no explicit law, data protection is enforced in India by the enforcement of
privacy rights based on the following:
- Laws on information technology, such as the Information Technology Act of 2000
and the Information Technology Act Amendments of 20088.
- To ensure that electronic data is protected, the IT Act includes measures.
'Cyber contraventions' (Section 43(a)-(h)) and 'cyber crimes' (Sections 63-74)
are both criminal and civil violations of the IT Act.
The primary purpose of the IT Act was to provide legal status to e-commerce and
to punish those who abuse computers. That being said, there was no mention of
data security. People who hacked into a system may face punishment under
Sections 43 and 66, but there were no further remedies available to them under
the IT Act. Because of this, the IT (Amendment) Act 2008 was enacted to include
two additional parts in the IT Act to give compensation for those who have or
are expected to incur a loss because their personal data has not been
effectively safeguarded, Section 43A and Section 72A.
Role Of Whatsapp
WhatsApp's widespread adoption in India is obvious to everyone who has a
smartphone. Latest and most concerning of these is WhatsApp's incorporation in
India and appointment of a "country representative" for the nation. Using
WhatsApp in a new way WhatsApp's response to government requests for user data
has not been made known. The second point is if WhatsApp's compliance with the
Indian government's requests may have an impact on the basic rights of people in
WhatsApp may have made additional, less obvious, adjustments that they
have not publicly addressed. Metadata exchange might be valuable, but we're
stumped by the opacity of the Indian system. Insight34 Vol. lIV, No. 6 (Feb. 9,
2019) There is just one thing the corporation has stated: that it encrypts the
content of user talks (WhatsApp FAQ 2018).
Human rights violations and
vulnerable Indians might be placed at danger if WhatsApp distributes data in
response to every governmental order. Given its Indian registration, WhatsApp
may be reached by Indian authorities, as well as by the company's new employees.
It is also uncommon for foreign firms to claim that refusing to collaborate with
governments that violate international human rights principles puts their local
employees at danger.
Rules Of Interactive Information Science (The It Rules)
The government regularly publishes new sets of IT rules under different parts of
the IT Act in order to widen the law's application. Data collection, transport,
and processing are regulated by these IT Rules, which include, most recently,
an act requiring organisations in possession of consumers' sensitive personal
data to adhere to the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 9.
the Internet Content Guidelines,10 which prohibit content of a specific nature
on the internet and require an intermediary such as a website host to block it;
c. the Information Technology (Guidelines for Cyber Cafes) Rules,115 which
require cybercaf's to register with a registration agency and maintain a log of
users' identities, their internet usage, and the Information Technology
(Electronic Service Delivery) Rules,120 deliverables will be sent
The four sets of IT Rules listed above were announced on April 11, 2011, under
Section 43A of the IT Act, as statutory legislation.
Information Technology (IT) Act Sections 43 and 72 detail the consequences of
The IT Rules define personal information as any information that pertains to a
natural person that, either directly or indirectly, in conjunction with other
information that is accessible or expected to be available with a body
corporate, is capable of identifying such a person.'
IT Rules define "sensitive personal data or information" as personal data
belonging to the following subjects:
The following are examples of personal information that should not be shared:
- financial information, such as bank account, credit card or debit card
- The supply of services;
- biometric data; or,
- any other information that may be relevant to these provisions.
- any information that a corporation receives for processing under the
aforementioned sections or that the corporation has maintained or processed
in accordance with a legitimate contract or otherwise.
The enforcement of property rights based on 1. the Copyright Act may also be
used to safeguard data, in addition to the laws stated above (1957)
- 2nd Amendment to the Criminal Code (1973)
- Third, the Indian Telegraph Act of 1885
- Fourth, the Corporations Act (2013)
- Act No. 5 on Competition (2002)
In circumstances of unfair business practises, the Consumer Protection Act
(2019) is also important. Finally, people may rely on the common law right to
privacy, at least theoretically - no substantial contemporary jurisprudence has
addressed this issue.
Cyber Regulations Appellate Tribunal (CRAT)
It was formed in October 2006 under IT Act 2000 Section 48(1) by the Ministry of
Electronics and Information Technology. Renamed Cyber Appellate Tribunal under
IT (Amendment) Act 2008 (CAT). By virtue of the IT Act, anybody who is unhappy
with an order from the Controller of Certifying Agencies or an adjudicating
authority under this Act is entitled to appeal to the Court of Arbitration and
Mediation. Section 49 of the Information Technology Act of 2000 specifies the
process through which the federal government appoints a chairman to lead the
The chairman used to be referred to as the presiding officer prior to the IT
(Amendment) Act of 2008. Amendments to the Act have made it possible for the
Central Advisory Committee (CAT) to have a chairman and as many additional
members as the central government designates.
Specific Regulatory Areas
Preventing money laundering is the goal of the Prevention of Money Laundering
Act (PMLA), which was enacted in an effort to do so. Prescribed transactions
must be reported to the FIIU director by banks, financial institutions, and
intermediaries, as mandated by the PMLA. Under the Foreign Donations
(Prohibition) Act, 2010, the Indian government has the authority to request
financial information from people and corporations that have made foreign
Medical records, financial records, and biometric information are just a few
examples of the types of sensitive personal data that employers must secure.
Data processors, controllers, and handlers of citizens' personal data have
duties under the IT rules, and these requirements must build a connection
between the data principle and other authorities.
If a person's life is in danger, the presiding judge may order the release of
that person's data in a court of law. India does not require data controllers or
processors to register or notify the government of their activities, and this is
a major omission in the eyes of the law. According to the IT Rules, every
company or anyone who has access to a person's sensitive personal data or
information must destroy it after using it for the intended purpose.
Rights Of Individuals In Present System
Indian IT Rules mandate that business organisations and their representatives
seek written authorization from data subjects for the use of their sensitive
information. According to the IT Rules, data subjects must have access to their
own information, and any information discovered to be wrong or defective must be
updated as soon as possible.
Nowadays, hacking of profiles, email spoofing, and SMS spoofing are believed to
be a widespread problem. Individuals might easily be victimised by cyber thieves
because of the abundance of information accessible on the internet. Cybercrime
in India is on the rise because of a lack of experienced and trained personnel
to combat the crooks at an early stage.
The perpetrators of cybercrime may be prevented by reporting suspicious activity
and restricting ourselves to those we know. The roots of crime may be traced
back to a variety of social, economic, and institutional variables. As of this
writing, hacking is the most widespread kind of cybercrime. For the purpose of
hacking, the hackers exploit the computer system in an unauthorised way to
delete all accessible programmes and data. On September 25, 2018, Whatsapp said
that their engineering team had uncovered a vulnerability in their system that
had been exploited by hackers.
Data stolen from healthcare organisations and online portals worldwide including
India is being sold in underground marketplaces by cyber thieves, according to a
cyber security business based in the United States. Using social networking
sites or email and SMS spam, the victim is subjected to obscenity and indecency
in the form of cyber stalking.
Once and for all, Whatsapp has switched off its View As
crooks are increasingly turning to social media to spam their victims. Taxpayers
may now find the email addresses, phone numbers, and even websites used by the
taxman to correspond with them from the Income Tax Department, Government of
All taxpayers have been instructed by the Internal Revenue Service not to open
any emails from senders other than those on the list. An online stalker may
utilise any other electronic device, such as a phone or tablet, to conduct this
crime. Stalking, as defined by the 2013 amendment Act under Section 354D of the
Indian Penal Code 1860, is a criminal offence. Online bullying is a kind of
harassment that occurs via the internet. Cyber thieves deploy pre-planned
assaults like this one to inflict enormous damage on their victims.
On social media, celebrities have millions of following that might lead to
unforeseen situations like bullying or trolling. 26 Celebrities are routinely
trodden by cyber crooks on a daily basis. Most threats originate from emails,
messaging platforms like WhatsApp or Telegram or SMS, and so on.
Violating right to privacy not intention with IT rules: Govt on WhatsApp case
New Intermediary Rules issued by the Indian government claim to comply with
Supreme Court rulings on privacy in 2017. Indian Union Minister Ravi Shankar
Prasad: "No actions recommended by India would influence the regular operation
of WhatsApp in any fashion whatsoever, and for the average users, there will be
Right To Privacy Not Absolute, Says Government On WhatsApp's Lawsuit
WhatsApp petitioned the Delhi High Court. In order to "track" the origin of
communications, it is defying new restrictions. Minister Ravi Shankar Prasad
countered WhatsApp's claims before the Indian government. So, he remarked,
There are no inalienable rights; all are subject to reasonable limitations
Union IT Minister Ravi Shankar Prasad countered WhatsApp's claims by saying:
The government of India is dedicated to protecting the right to privacy to all
its people as well as having the tools and the information essential to
safeguard public order and maintain national security. In addition, the IT
Ministry sent letters to all of the most popular social media sites, requesting
information on their compliance.
Social media giant Whatsapp says it is committed to working with the Indian
government on realistic solutions that would keep its users secure. As a last
resort, WhatsApp's chief operating officer Ravi Prasad said tracing the author
of content may only be done after all other options have failed
Platforms like Whatsapp, WhatsApp, and Twitter were given three months to comply
with new guidelines that require them to designate a compliance officer in
India, build up a grievance response structure, and remove information within 36
hours of a judicial order.
legislation, the Centre said the Delhi High Court's panel of Chief Justice D N
Patel and Justice Jyoti Singh. According to the Centre, it had asked the social
media site to clarify whether it was verifying the same thing (IT law).
The Delhi High Court has scheduled a hearing on Wednesday, June 3 in order to
continue the case. It was announced on Saturday that WhatsApp would be able to
grow its commercial capabilities built-in utilising technologies from Whatsapp,
which is its parent firm. Whatsapp CEO Mark Zuckerberg has been contacted by the
Centre, and they are waiting for a response.
One of the most prevalent cybercrimes nowadays is the use of the internet to
sexually stimulate people, and pornography is a popular method. This includes
pornographic websites, pornographic periodicals, as well as the use of computers
and the internet for sexual stimulation. Pornographic websites may also be
supplied through mobile phones, making it easier for the viewer to access them.
Another child pornographic danger is the use of computers and the internet to
develop and spread access to such child pornography in order to sexually exploit
children under the age of 18.
Cybercrime and Breach of Privacy
Globalization has led to an increase in the spread of the internet, which in
turn has threatened the privacy of individuals. In K. S. Puttaswamy v. Union of
India, the Supreme Court correctly stated that Article 21 of the Indian
Constitution protects the right to privacy. 27 Consequently, if a person is
harmed by a cybercrime, the accused might face legal consequences and offer
compensation to the victim.
One's privacy is violated and personal information and data are stolen in
cybercrimes. An person is violated when his or her intellectual property is
stolen by hackers. Sec. 66E28 deals with the penalties for violating privacy
under the Information Technology Act 2000 It punishes cyber criminals who
infringe on an individual's privacy while using the internet.
WhatsApp sues Indian government over new privacy rules
India's government is being sued by WhatsApp in Delhi. An IT regulation that the
Delhi High Court is being asked to declare a breach of privacy rights is the
subject of the lawsuit. Those who have been falsely accused of misconduct on
WhatsApp, which has half a billion Indian users, will have to be unmasked. India
has also asked digital firms to delete what it claims are false rumours about
the COVID-19 epidemic. Whatsapp, Google parent Alphabet (GOOGL.O), and Twitter
are all involved in a legal battle with Indian Prime Minister Narendra Modi's
administration, which has taken legal action against WhatsApp.
Signal and Telegram have seen a surge in popularity in India when WhatsApp
Whatsapp and other group companies. The Puttaswamy judgement, a 2017 Indian
Supreme Court decision in favour of privacy, is cited in the WhatsApp lawsuit.
The new restrictions have already been challenged in court in Delhi and
elsewhere. Most of the conditions are agreed to by Whatsapp, but other areas are
still up to negotiation.
Everyday life has been transformed by the internet, which has become an integral
component of our daily routines. The cyber thieves have easy access to the
information they need thanks to the data-driven world, and the most convenient
method to get it is via social media. There are now 2.22 billion people using
social media platforms worldwide, and that number is predicted to rise to 3.02
billion by 2021. Since social media is the primary target of cyber criminals,
here is where they conduct their crimes.
Cybercrime can only be defeated if the Information Technology Act 2000 is
amended and new, more stricter measures are put in place to arrest the
offenders. It is imperative that the media-also known as the "fourth pillar of
democracy"-work more cautiously and sensibly so that it can play a critical role
in educating the public about the dangers of cybercrime so that they can avoid
falling victim to it.
- Abdulkarim, Nemah & Alakel, Haifaa & Mohammed, Ferdous. (2016). Privacy
and Social Networking: WhatsApp Users' Perception in Saudi Arabia.
- Das, Sanchari & Dev, Jayati & Camp, L.. (2018). Privacy Practices,
Preferences, and Compunctions WhatsApp Users in India.
- Hadi, Hernawan & Tejomurti, Kukuh & Imanullah, Mochammad &
Nurhidayatuloh, Nurhidayatuloh. (2019). Online Transportation: Violation of
Privacy Rights and Vulnerability to Sexual Violence by Drivers in Digital
Platform-Based Work. 10.2991/icglow-19.2019.61.
- Nyoni, Phillip & Velempini, Mthulisi. (2015). Data protection laws and
privacy on Facebook. SA Journal of Information Management. 17.
Analyzing the Real Cost of Free Apps in an Online Social Network:: In
Contrast to Other Player like Telegram, Signal etc. - JMEITFEB0801001.
- Meyer, G & Meyer, N & Toit, J & Mans, P & Moffett, B. (2021).
WhatsApp-propriate? A retrospective content analysis of WhatsApp use and
potential breaches in confidentiality among a team of doctors at a district
hospital, South Africa. South African Medical Journal. 111. 171.
- Malekhosseini, Razieh & Hosseinzadeh, Mehdi & Navi, Keyvan. (2018).
Evaluation of users' privacy concerns by checking of their WhatsApp status.
Software: Practice and Experience. 48. 10.1002/spe.2565.
- Neogi, Suprateek. (2017). Right to Privacy and Social Media - Issue 2
RGNUL Student Research Review.
Award Winning Article Is Written By: Ms.Shireen Singh
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