Thank you dear subscribers, we are overwhelmed with your response.
The digital age has transformed the way we live, communicate, and interact, but it has also introduced new challenges that require a robust legal framework. The Bharatiya Nyaya Sanhita (BNS), 2023, replacing the Indian Penal Code (IPC), is a critical step forward in addressing the complexities of the digital world. As we, Akshay Sharma and Somy Ali, explore these changes, we recognize the importance of these updates in safeguarding both individuals and society at large from the growing menace of cybercrimes.
One of the most notable aspects of the BNS is its recognition of cybercrimes as a significant threat, categorizing them under “Organized Crime.” This classification brings activities such as hacking, phishing, and the creation of fake social media profiles into sharper legal focus. These crimes are no longer seen as isolated incidents but as part of a larger, more dangerous web of organized criminal activity. The BNS’s inclusion of electronic records, including social media posts, as primary evidence in court proceedings, is a testament to the law’s adaptability to the digital age.
As someone deeply involved in media and technology, and as a social activist dedicated to justice and transparency, we both see these changes as necessary evolutions. The digital landscape is no longer just a space for communication; it has become a battleground where identity, privacy, and even reality are constantly under threat. The provisions of the BNS, especially when viewed alongside Section 66D of the Information Technology Act, 2000, provide a much-needed legal shield against these threats.
The Relevance of Section 66D in Today’s World
Section 66D of the IT Act is particularly relevant today, as it directly addresses the issue of cheating by personation using computer resources. In an era where online identities can be easily manipulated, this provision is crucial. The manipulation of online identities is not just a question of personal privacy; it has far-reaching implications, particularly in the world of social media.
As we have observed, the rise of social media has brought about a new form of deception: the purchasing of fake followers. For celebrities and influencers, the number of followers can make or break their careers. It determines their marketability, their brand deals, and their public image. However, the temptation to inflate these numbers artificially has led to widespread use of fake followers, often generated by bots or inactive accounts.
Legal and Ethical Implications of Fake Followers
When a celebrity or influencer pays for fake followers, they are engaging in a form of digital deception that can be classified as cheating by personation under Section 66D. This is not just a harmless tactic to boost one’s image; it is a deliberate attempt to mislead the public,
fans, and brands. The legal implications of such actions are severe. If found guilty, the individual could face imprisonment for up to three years and a fine of up to one lakh rupees.
But beyond the legal consequences, there is a deeper ethical issue at play. Buying fake followers undermines the trust that is supposed to exist between influencers and their audience. Followers who believe they are part of a genuine community are deceived. Brands that invest in these influencers based on inflated numbers are also misled, often resulting in financial losses and damaged reputations. The practice erodes the integrity of social media as a platform for genuine engagement and interaction.
The Role of Modash.com in Detecting Fake Followers
In the fight against fake followers, technology platforms like Modash.com have become indispensable tools. Modash is a leading influencer marketing platform that specializes in identifying fake profiles and followers on social media. By analyzing various data points, such as engagement rates, follower growth patterns, and account activity, Modash can detect anomalies that indicate the presence of fake followers. This technology is critical for brands that want to ensure they are partnering with genuine influencers and for individuals who wish to maintain transparency in their digital presence.
Modash’s algorithms can differentiate between real and fake followers by scrutinizing the authenticity of user interactions, follower origin, and other behavioral patterns. This ability to detect inauthentic engagement helps maintain the credibility of social media influencers and ensures that brands invest in genuine influence rather than inflated numbers.
Can Modash.com’s Findings Be Used in Indian Courts?
Given the advancements in detecting digital deception, the question arises: Can the findings from Modash.com be used as evidence in Indian courts? The answer lies in the BNS, 2023, and its recognition of electronic records, including social media posts, as primary evidence. Since Modash provides detailed reports that highlight fake followers and fraudulent activities on social media platforms, these reports can potentially serve as critical evidence in legal proceedings.
However, for Modash’s findings to be admissible in court, they must meet the standards set by Indian law regarding the admissibility of electronic evidence. This includes ensuring that the evidence is collected and presented in a manner that complies with the provisions of the Indian Evidence Act, 1872, as amended by the Information Technology Act, 2000. If these conditions are met, Modash’s data could be a powerful tool in prosecuting cases involving digital fraud and cheating by personation.
Challenges in Enforcement
Despite the clear legal framework provided by Section 66D, enforcing it, especially in the context of fake followers, presents significant challenges. Proving that a celebrity or influencer has knowingly purchased fake followers requires substantial evidence. This is where platforms like Modash.com play a critical role. They possess the tools and data necessary to detect and remove fake accounts. However, for enforcement to be effective, there needs to be a collaborative effort between law enforcement agencies, social media companies, and tools like Modash.
In our experience, cases where celebrities and influencers have been exposed for buying fake followers serve as cautionary tales. These incidents highlight the potential consequences of engaging in such deceptive practices. While not all cases have resulted in
legal action, they have certainly led to a loss of credibility and, in many instances, sponsorship deals. The fallout from these revelations underscores the risks associated with such unethical behavior.
The Responsibility of Social Media Platforms
Social media platforms themselves have a significant responsibility in maintaining the integrity of their user base. Over the years, platforms like Instagram and Twitter have implemented measures to detect and remove fake accounts. Periodic purges of these accounts have led to noticeable drops in follower counts for some users, which is a step in the right direction. However, the battle against fraudulent activities on these platforms is ongoing.
As we move forward, it is essential to foster a culture of authenticity and transparency. Social media platforms must continue to innovate and improve their methods for detecting and eliminating fake accounts. At the same time, law enforcement agencies need to be vigilant and proactive in applying the provisions of the BNS and Section 66D to protect the public from digital deception.
Conclusion: Towards a More Trustworthy Digital Environment
The introduction of the BNS, 2023, and the enforcement of Section 66D represent significant strides in the fight against cybercrimes and digital deception. As individuals who are deeply invested in the integrity of both the digital and social spheres, we see these legal provisions as essential tools in building a more trustworthy and transparent digital environment.
Moreover, the role of technological tools like Modash.com cannot be overstated. These platforms provide the necessary insights to detect and combat fraudulent activities in the digital space. As these tools become more sophisticated and widely accepted in legal contexts, they will play an increasingly vital role in maintaining the authenticity of online interactions.
Ultimately, the onus is on all of us—lawmakers, social media platforms, celebrities, influencers, and the public—to uphold the values of authenticity and integrity. By doing so, we can ensure that the digital world remains a space where trust, transparency, and justice prevail.
These pieces are being published as they have been received – they have not been edited/fact-checked by ThePrint