News Highlights:
- The Ministry of Electronics and Information Technology will soon develop the Digital India Act, 2023, which will replace the Information Technology Act (IT Act) of 2000.
- Stakeholders participating in the first consultation of the Digital India Bill suggested that the government retain the safe harbour provision in the current Information Technology Act of 2000.
Digital India Act:
- Background:
- The upcoming Digital India Act (or Digital India Bill) is expected to be India’s newest legislation and legal framework for regulating the country’s online environment and digital data protection policies.
- The Digital India Act will fully replace the current Information Technology Act (IT Act) of 2000 by early 2023, which has faced criticisms for its outdated policies and inadequacies in dealing with modern-day technological issues.
- Since IT Act of 2000 was enacted, there have been many revisions and amendments (IT Act Amendment of 2008, IT Rules 2011) in attempts to define the digital space in which it regulates while trying to put more emphasis on the data handling policies.
- However, because the IT Act was originally designed only to protect e-commerce transactions and define cybercrime offenses, it did not deal with the nuances of the current cybersecurity landscape adequately nor address data privacy rights.
- Overview:
- The act is a new legislation that aims to overhaul the decades-old Information Technology Act 2000.
- The Act covers a range of topics such as Artificial Intelligence (AI), cybercrime, data protection, deep fakes, competition issues among internet platforms, and online safety.
- The Act also aims to address “new complex forms of user harms” that have emerged in the years since the IT Act’s enactment, such as catfishing, doxxing, trolling, and phishing.
- Key features:
- It create new regulations around newer technology, including 5G, IoT devices, cloud computing, metaverse, blockchain, and cryptocurrency.
- Reclassifying online intermediaries to separate categories instead of one general intermediary label, each one with its own set of regulations.
- Creating digital standards and laws regarding artificial intelligence (AI) and machine learning (ML) technology.
- Criminalizing cyberbullying, identity theft, and unauthorized sharing of personal information without consent.
- Significance:
- The Digital India Act provides a legal framework for promoting the growth of the digital economy in India.
- It aims to create a conducive environment for the development and deployment of digital technologies across different sectors.
- The Act also addresses various challenges associated with cybersecurity and data privacy, which are critical issues in the digital age.
Provisions under Digital India Act:
- Safe Harbour:
- The government is reconsidering a key aspect of cyberspace ‘safe harbour,’ which is the principle that allows social media platforms to avoid liability for user posts.
- The term has been restrained in recent years by regulations such as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which require platforms to remove posts when ordered to do so by the government or when required by law.
- Constitutional Protections:
- The moderation policies of social media platforms may now be reduced to constitutional protections for free expression and fundamental speech rights.
- Platforms must respect users’ free speech rights, according to an October 2022 amendment to the IT Rules, 2021.
- Three Grievance Appellate Committees have now been formed to handle content complaints from social media users.
- These are now likely to be incorporated into the Digital India Act.
- Online Safety:
- The Act will address Artificial Intelligence (AI), Deep Fakes, cybercrime, competition issues among internet platforms, and data protection.
- In 2022, the government released a draft Digital Personal Data Protection Bill, which would be one of the four prongs of the Digital India Act, along with the National Data Governance Policy and amendments to the Indian Penal Code.
- Extensive Consultation:
- The government will hold multiple rounds of consultations with the public and industry stakeholders to arrive first at the principles for this Act, and subsequently to iron out a draft that will be put out by the Ministry pointing out that the internet and the tech ecosystem, in general, has evolved significantly since 2000, when the IT Act first came into being.
Conclusion:
- The Digital India Act is expected to promote digital literacy and increase access to digital services for all citizens.
- It will help in creating a digital infrastructure that is secure, reliable, and accessible to everyone.
- The Act will also encourage the adoption of digital technologies in various sectors such as healthcare, education, and agriculture, leading to increased efficiency and productivity.
Pic Courtesy: Freepik
Content Source: Meity.gov