The Indian government is proposing to replace its over two decades old IT law as the world’s second-largest internet market pushes for new guidelines to seek broader accountability from tech firms, revaluate who all gets protection from safe harbor, better oversee new technologies and serve “every” connected user in the South Asian market. The proposal would also require companies operating in India to establish an office in the country and report annually on their actions intended to support digital democracy and Personally Identifiable Information (PII) privacy.</p><p>India has been a leader in spreading affordable smartphones and internet access around the world, but its progress has been hampered by similar concerns around data protection, safety online, cross-border cooperation on law enforcement cyber threats, zero tolerance for online censorship and cyber bullying.</p><blockquote>
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Under the proposed Digital India Act, the government intends to replace the IT Act, 2000. This outdated legislation was created two decades ago and still does not adequately handle issues related to the modern internet. The act will aim to streamline regulation of different factions of the internet, including user harm, ambiguity in user rights, proliferation of hate speech and misinformation, as well as unfair trade practices. By consolidating these various legal frameworks governing online activity into one cohesive act, India will better be able to address these issues and ensure that users have access to a safe and fair online environment.
Stringent regulations and compliance challenges, along with the need to keep up with ever-changing technologies and changing customer demands, has made it necessary for India to update its intermediary regulation laws. The proposed bill, which aims to comprehensively regulate all intermediaries including online platforms, will Help create a level playing field for all players in the market while ensuring that consumers are protected.
The Digital India Act is designed to bring the internet to all corners of the country, regardless of ability to pay. This transformative legislation aims to create an online ecosystem that is inclusive and accessible for all Indians.
This policy is in line with the Malaysian government’s desire to adopt a principles and rule-based approach to regulation, which would provide a legislative framework under government principles and effective measures for securing compliance with the ever evolving rule of law.
An online adjudication mechanism that is specialized and dedicated to the adjudication of criminal offenses online would be an important development in order to ensure timely and fair resolution of disputes between individuals and organizations online. This mechanism would provide a forum for the parties affected by an online offense to engage in dispute resolution, while ensuring that all relevant evidence is considered during the adjudication process.
Regulators have been making similar pushes in other markets, such as the food industry, to ensure safety. Chandrasekhar believes that this is a necessary step for online safety and that digital literates and novices are on the internet today. He argues that it is important for these individuals to be protected from harm and wants regulators to take action in order to provide this protection.
Innovation will be enabled by enacting this bill, as it proposes a new adjudicatory mechanism to deliver timely remedies to citizens, resolves cyber disputes, develops a unified cyber jurisprudence, and enforces the rule of law online.
Digital India Act would not get involved with the moderation of content on platforms. This is because platforms are responsible for their own content and actions, and government would only get involved if platforms were to violate certain laws or guidelines.
One potential modification to the new online platform accountability bill could be the development of separate rules for different types of intermediaries. For example, a company like Facebook would likely be given a more liberal set of rules than an online market place like eBay. The government may deem it necessary to provide safe harbor for companies like Facebook, given their large user base and overall importance in the global economy.
The government has announced plans to address cybersecurity issues, with emphasis on Digital India initiatives such as creating a digital assistant for citizens. The Digital Personal Data Protection Bill, which is yet to be passed in parliament, will take precedence in cases of personal data breaches. Meanwhile, the new proposed law will work as “more overarching” and deal with user harm if information is accessed inappropriately.
The new IT Act aimed at tackling various issues impacting children and young internet users, though concrete details on how it will tackle such instances have not been revealed yet.
With the passage of the bill, India has taken a significant step forward in upholding online freedom and securing citizens’ right to privacy. The new law should continue to align with the jurisprudence prescribed in Shreya Singhal and that the Safe Harbour provision is preserved given its significance for a free and open internet. While taking into consideration the evolving multi-functional system of platforms, intermediaries should not be taken straight-jacketed for classifying them as service providers.
It would appear that the government is working hard to ensure that all of its various policy interventions are well coordinated, but it may not be safe to assume this will always be the case. There have been a number of recent regulatory interventions, like the Data Protection Law and the Competition law amendment, which could potentially overlap with one another and pose implementation concerns. This could hamper innovation if not properly addressed.
The development of the law may take some time as the government plans to field consultations with various stakeholders before finally implementing it. It is uncertain how this will play out in terms of how widely the law is adopted and what sort of changes it will bring about.
