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Privacy vs Security: Examining India’s Groundbreaking Data Protection Bill 2023

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India’s journey towards enacting a comprehensive data protection law reached a significant milestone as the Digital Personal Data Protection Bill, 2023, was passed by the Rajya Sabha, following the Lok Sabha’s approval earlier. This legislative development signifies the country’s second attempt to establish a robust privacy framework. While this achievement is noteworthy, the Bill has sparked discussions, with privacy experts expressing concerns about certain provisions, including exemptions for the central government and its potential impact on online censorship and the Right to Information (RTI) Act.

Key Provisions of the Bill

Exemptions for the Centre:
One of the contentious aspects of the Bill is the provision that allows the central government to exempt “any instrumentality of the state” from the adverse consequences of data processing, citing reasons such as national security, foreign relations, and maintenance of public order. IT Minister Ashwini Vaishnaw defended these exemptions, citing scenarios like natural disasters and police investigations where swift action may be required without obtaining consent for data processing.

Comparison with GDPR:
Shri. Vaishnaw pointed out that the European Union’s General Data Protection Regulation (GDPR) contains 16 exemptions, while India’s Bill has only four. However, privacy advocates argue that the Indian legislation grants broader powers to the government.

Penalties and Platform Blocking:
The Bill introduces penalties for entities that violate data protection norms. If an entity is penalized on multiple occasions, the central government, after a hearing, can decide to block its platform in the country. This provision adds a layer of enforcement not present in the 2022 draft.

Online Censorship Concerns:
Experts have raised concerns that the Bill, particularly the exemptions and penalties, could contribute to the existing online censorship regime, particularly under Section 69(A) of the Information Technology Act, 2000.

Impact on the Right to Information Act:
Critics worry that the Bill’s provisions protecting the personal data of government functionaries could potentially undermine the RTI Act by making it difficult to share such information with RTI applicants. Shri. Vaishnaw argued that the Bill harmonises RTI and personal data protection.

Data Protection Board:
The control of the Centre in appointing members of the Data Protection Board, which deals with privacy-related grievances and disputes, has been retained. The Chief Executive of the board will be appointed by the central government, raising questions about its independence.

Leeway for Data Processing:
The Bill allows certain “legitimate uses” of personal data without explicit consent. This includes national security, offering services, and employment-related matters.

Age of Consent:
The Centre can process data of citizens below 18 years without parental consent if the platform ensures data processing in a “verifiably safe manner,” addressing concerns in sectors like ed-tech and healthcare.

Cross-Border Data Flows:
The Bill simplifies cross-border data flows, moving from a whitelist to a blacklist approach, allowing data flows by default to all regions unless prohibited by the government. This aims to ensure business continuity.

Significant Data Fiduciaries:
The government can categorise entities as “significant data fiduciaries” based on factors like data volume, electoral democracy risks, and national security impact. Social media platforms like Facebook, YouTube, and WhatsApp may fall under this category, necessitating the appointment of data protection officers.

Conclusion

The passage of the Digital Personal Data Protection Bill, 2023, in India marks a significant step toward establishing a comprehensive data protection framework. However, the Bill’s provisions have raised concerns about exemptions, online censorship, and potential impacts on the RTI Act. As the Bill awaits the President’s assent to become law, it reflects India’s ongoing efforts to strike a balance between privacy protection and innovation, all while addressing the challenges posed by the digital age.

The implications of this legislation will be closely watched by various stakeholders, including businesses, privacy advocates, and citizens, as India navigates the evolving landscape of digital data protection. Balancing individual privacy rights with national security interests is a complex task, and the effectiveness of the Bill in achieving this balance will be revealed in its implementation.

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Exploring India with Suhani Mardia by Insight Media

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In the debut episode of Exploring India with Suhani Mardia, Insight Media takes you on a vibrant and eye-opening journey into the lush landscapes and rich cultural tapestry of Assam — a state nestled in the lap of Northeast India. Known for its biodiversity, unique traditions, and historical significance, Assam is also home to a treasure trove of Geographical Indication (GI) tagged products and indigenous crafts that rarely get the spotlight they deserve.

This episode begins with a deep dive into Assam’s culinary and agricultural heritage. From the nutty and soft texture of Boka Chaul (soft rice) to the tangy punch of Kaji Nemu (Assamese lemon), the region’s palette is as diverse as its people. We also explore Judima Wine, a traditional rice wine from the Dimasa tribe, Joha Rice, known for its fragrant aroma, and even Black Rice of neighboring Manipur, a powerhouse of nutrition. These GI-tagged items are not just ingredients; they are cultural symbols, reflecting centuries of farming innovation and culinary evolution.

To better understand these marvels, Suhani sits down with professors from Assam Skill University, who shed light on the science, sustainability, and socio-economic importance of these products. Their insights help bridge the gap between traditional knowledge and modern agricultural practices, underscoring why these regional specialties deserve global recognition.

From taste to texture to technique — the journey then takes us to Sarthebari, a village renowned for its ancient Bell Metal Craft. Here, we enter the workshop of Mr. Haridas Das, a recipient of the prestigious Assam Gaurav Award, who opens up about the struggles and survival of this age-old art. Watching the molten metal take shape into traditional utensils and decor is nothing short of mesmerizing — a living heritage in action.

The adventure continues as Suhani and the crew travel through the breathtaking Kaziranga wilderness, home to the famous one-horned rhinoceros, soaking in the tranquil beauty of Assam’s vast grasslands, wetlands, and dense forests.

In Jorhat, the scientific and economic heartbeat of the region, the team visits CSIR-NEIST (North East Institute of Science and Technology). Led by Dr. Virendra Tiwari, the institute is playing a key role in the Floriculture and Aroma Missions, both initiated under the leadership of Prime Minister Narendra Modi. These missions are not just about flowers and fragrances — they are about economic empowerment, self-reliance, and positioning Assam on the global map of scientific agriculture and innovation.

This episode is more than just a travelogue — it’s a celebration of Assam’s hidden potential, the synergy of tradition and technology, and the government’s focused push through CSIR and the Ministry of DoNER to uplift Northeast India.

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Maxar Tech’s Satellite Scandal: The Pahalgam Incident and Its National Security Fallout

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The April 22, 2025, massacre in Pahalgam, Jammu and Kashmir, which claimed 26 lives, has brought to light the vulnerabilities surrounding the use of commercial satellite imagery for intelligence. A major U.S. satellite imagery provider, Maxar Technologies, has come under scrutiny after a surge in orders for high-resolution images of Pahalgam and surrounding areas, with multiple requests placed in the months leading up to the attack. The incident has raised critical questions about the risks posed by the easy availability of such imagery, the vetting process for international partners, and the implications for national security.

Surge in Orders for Pahalgam Imagery

Maxar Technologies, a leader in high-definition satellite imagery, experienced an unusual spike in orders for images of Pahalgam between June 2024 and February 2025. Orders for high-resolution images, essential for military surveillance and infrastructure monitoring, peaked in February 2025, with a final order placed just ten days before the attack. While the identities of the clients behind these orders remain unknown, the coincidence of their timing with the attack has sparked suspicions among defense analysts. Though no direct link has been established between these orders and the terrorist assault, experts have expressed concern that such detailed imagery could have been exploited to plan the attack.

Business Systems International Pvt Ltd (BSI) and Maxar’s Partnership

Adding complexity to the situation is Maxar’s partnership with Business Systems International Pvt Ltd (BSI), a Pakistani geospatial firm owned by Obaidullah Syed, a convicted Pakistani-American businessman. Syed was sentenced in 2022 for illegally exporting high-performance computing equipment to the Pakistan Atomic Energy Commission (PAEC), a body responsible for Pakistan’s nuclear and missile programs. Despite Syed’s criminal background, BSI remained a partner with Maxar.

The partnership raised alarms due to BSI’s role in sensitive exports, and its continued involvement with Maxar after Syed’s conviction became a point of concern. Though there is no evidence that BSI placed the orders for Pahalgam imagery, the timing and the firm’s history raised questions about the adequacy of Maxar’s vetting process for its international partners. After the controversy erupted, Maxar removed BSI from its partner list, though this action came only after the media attention.

Maxar’s Response and Accountability

Maxar Technologies denied that BSI placed orders for Pahalgam imagery and emphasized that it does not share client information without permission. However, the company’s delayed response to the issue and its weak vetting process for international partners have drawn criticism. The case underscores the growing risks posed by commercial satellite imagery, which is increasingly available to anyone willing to pay for it. Without adequate checks, this powerful tool can be misused by rogue elements or adversaries to carry out hostile activities, as was allegedly the case in Pahalgam.

Risks to National Security

The Pahalgam incident highlights the security risks of relying on foreign satellite imagery providers. While such imagery is indispensable for military and surveillance operations, the availability of high-resolution images to commercial clients increases the potential for misuse. As more private space-tech companies enter the market, governments must ensure stronger regulations and safeguards surrounding the use of geospatial data, especially in sensitive regions.

India, which heavily depends on foreign space-tech companies for geospatial intelligence, must take a proactive approach to secure its data. This could involve developing self-reliant systems for satellite surveillance or pushing for international regulations on the trade of high-resolution imagery.

Conclusion: A Wake-Up Call for Surveillance Practices

The Pahalgam satellite imagery controversy serves as a stark reminder of the vulnerabilities in the global surveillance landscape. While Maxar Technologies has removed BSI from its partner list, the incident raises larger questions about the commercial availability of sensitive satellite data and the need for stricter controls. Governments must tighten regulations and ensure that foreign satellite providers uphold stringent security standards to prevent misuse by hostile actors. This incident is a call to action for the international community to establish robust protocols for managing the risks associated with satellite surveillance.

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The Media is the Battlefield: Why India’s Information War Must Be Fought with Discipline

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“The mind becomes the battlefield and media an instrument of war.”

In 2004, after returning from Iraq, former U.S. Army officer Ralph Peters wrote a searing op-ed in the New York Post. His words were clear: “The media weren’t reporting. They were taking sides. With our enemies. And our enemies won. Because, under media assault, we lost our will to fight on… The Marines in Fallujah weren’t beaten by the terrorists and insurgents… They were beaten by Al Jazeera. By lies.”

His point was sharp and prescient: in modern warfare, the media is not merely a chronicler of events—it is a combatant.

The Illusion of Neutrality

In times of conflict, the press often insists on a stance of neutrality. But this so-called objectivity is far removed from any true or meaningful neutrality. A headline, a ticker, a photograph—each can shape national morale or fracture it. In the age of hybrid warfare, information becomes a weapon. And those who disseminate it are combatants, whether they accept it or not.

Take, for instance, the concept of “positive auxiliary assistance” in information warfare. On social media, users—intentionally or not—spread narratives that bolster national interests. Whether these narratives are perfectly factual or not, their strategic value lies in countering adversarial propaganda and reinforcing the national psyche. In cognitive warfare, the target is not territory but the mind: shaping beliefs, manipulating emotions, and altering behavior through information.

From Kargil to Operation Sindoor: A Changed Landscape

The Kargil War in 1999 was India’s first televised war. Today, Operation Sindoor can be streamed live from mobile phones across the world. Our information consumption has grown exponentially. But so has our vulnerability.

Social media platforms operate on a fundamentally different logic from traditional media. There’s no editor, no gatekeeper. A single anonymous account can spread content just as widely as The Hindu or Republic TV. In this unfiltered, fast-moving environment, fake news is cheap—but its cost to society is staggering.

The risk is not just military. It’s political. We may win battles on the ground, but surrender our strategic advantage in the media. Speed kills, but so does misreporting.

Lessons from Rwanda, Somalia, and the Cold War

History has already warned us. In Rwanda and Somalia, civilian broadcasters incited mass violence. In the early Cold War, U.S. President Harry Truman recognized the strategic value of media and launched the Campaign of Truth, urging journalists to support the national cause in countering Soviet propaganda.

India must now internalize this lesson.

Media as a Frontline Asset

The media is no longer neutral terrain. It is an active battlefield. Morale, international perception, and the enemy’s confidence are all shaped by media output.

India’s media must act as a strategic asset—not a chaotic echo chamber. This does not mean blind cheerleading or jingoism. It means disciplined, responsible journalism with national security at its core.

  • Avoid performative objectivity. Confused or contradictory reporting during wartime can inflict more damage than enemy fire.
  • Headline discipline matters. So do visuals and tickers. Perception fuels warfare.
  • Respect operational secrecy. Avoid real-time location leaks, troop movements, or sensitive footage that could be exploited by the enemy.
  • Coordinate with defense authorities. Clarify, verify, and confirm before broadcasting battlefield updates.
  • Frame the narrative. English-language and global outlets must highlight India’s legal, moral, and defensive justifications. India did not start this war. But we must finish it—militarily and narratively.
  • Establish wartime editorial protocols. Decide what to publish, what to delay, and how to fact-check without compromising speed.

Win the War, Win the Narrative

Victory on the battlefield is only half the war. The other half is waged in headlines, hashtags, and reels.

Information dominance is military dominance.

India’s journalists, editors, influencers, and media houses must rise to the moment. We are at war—not just with bullets, but with words, images, and narratives. In this war, neutrality is not virtue. Strategic clarity is.

The media must not become a liability. It must be a line of defense.

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