Digital India Act

IN  NEWS:

• The recent announcement of the Digital India Act 2023 (DIA), aimed at replacing the two-decade-old Information Technology Act of 2000 (IT Act), represents a significant step towards establishing a future-ready legal framework for the country’s burgeoning digital ecosystem.

THE DIGITAL INDIA ACT 2023:

• In 2022, the Indian government proposed the enactment of the Digital India Act (DIA), which would provide a global and contemporary legal framework for India’s evolving digital ecosystem.
• In March 2023, the Ministry of Electronics and Information Technology (MEITY) held a consultation to officially announce that the Information Technology Act of 2000 (IT Act) will be replaced with a new Digital India Act (DIA).The contents of the new act were laid out in the presentation.
• The MEITY is conducting rounds of consultations and soliciting feedback from various stakeholders on the proposed DIA.
• There is, however, no clear date on when the Bill will be introduced in the Parliament.

WHAT IS THE NEED FOR THE DIGITAL INDIA ACT 2023?

• Regulatory framework for the 21st-century digital revolution:
  • The primary intent behind the DIA is to align India's regulatory framework with the 21st-century digital revolution. The IT Act of 2000, crafted during a time when the internet was in its infancy, has struggled to keep pace with the rapid changes in technology and user behavior.
  • The DIA is designed to address the challenges and opportunities presented by the dramatic growth of the internet and emerging technologies.
  • For instance, in the proposed DIA, the Ministry of Electronics and Information Technology (MEITY) is also considering reviewing the ‘safe harbour’ principle, which protects online platforms like Twitter and Facebook from being held accountable for the content posted on them by their users.

• Limitations and issues associated with the IT Act:
  • Though the Act has been amended as per the IT (Amendment) Act, 2008, the Information Technology Act, 2000, is not comprehensive enough to deal with the country's digital landscape, and it has some inherent limitations.
  • Due to these limitations of the two-decade-old IT Act, the government is forced to delegate its legislative functions to the executive or bureaucracy in the form of rules or guidelines that go virtually unchallenged and unopposed.
  • For instance, IT Rules 2021 were criticized for abdicating legislative duties by the government and delegating powers to the bureaucracy.

• Digital India Goals:
  • DIA will include the Digital India Goals of 2026 as a USD1 trillion digital economy.
  • Being a nation with the greatest number of internet users, it aims to shape the future of India's digital landscape through its Digital India goals.

AIMS OF THE PROPOSED DIA:

The proposed Digital India Act, 2023, aims to achieve the following goals:

• Evolvable digital law: 
  • Form evolvable rules that are consistent with the changing trends in technologies and can be updated according to the needs of the country’s digital infrastructure.
• Adjudicatory mechanism: 
  • Offer an easily accessible adjudicatory mechanism for online civil and criminal offenses. This mechanism should be able to deliver timely remedies to citizens, resolve cyber disputes, and enforce the rule of law on the internet.
• Principles and rules-based approach: 
  • The DIA will provide a legislative framework keeping overarching governing principles in mind to ensure compliance.

KEY COMPONENTS OF THE DIA:

CHALLENGES AND CONCERNS:

• Privacy and Surveillance Concerns:
  • Critics contend that some aspects of the proposed legislation may give the government extensive surveillance capabilities, thus jeopardizing privacy rights.
  • There should be adequate safeguards in place to prevent abuse of power and invasions of privacy.
• Compliance Requirements:
  • There are concerns that the proposed act's certain regulations may place a significant burden on businesses, particularly small and medium-sized enterprises (SMEs).
• Require specialists and investment in infrastructure:
  • It will require a large number of specialists and huge investment in advanced infrastructure for law enforcement, tackling the uncertainties of new-age technologies, AI, deep fakes, and dispute resolution in the proposed legislation.
• Digital divide between urban and rural areas:
  • The digital divide between urban and rural areas is widening because of a lack of universal access to quality internet and low levels of digital literacy.
  • If India wants to achieve the full potential of digitization, then the focus must be on strengthening the digital infrastructure in the remotest parts of the country.
• Cybercrimes:
  • Cybercrime reported by Indian users is the highest among G20 countries. This raises user trust issues, which could dampen India’s otherwise remarkable digital transformation.
  • For instance, in India, around 49,000 cybercrimes were reported in 2015. The first big spike was in 2018 when it surpassed the 2-lakh mark. The number of cybercrimes has grown 28 times and crossed 14-lakh mark in 2021.

WAY FORWARD:

• Consultation with various stakeholders:
  • Consultations with experts, the general public, industry, media, academia, the student community, internet governance forums, and consumer forums are necessary to make sure that the proposed DIA has the necessary provisions to make it effective and future-ready.
• Study of relevant global laws:
  • A comparative study of all relevant global laws pertaining to the internet and technology in other countries would make the DIA capable enough to address the challenges and opportunities presented by the dramatic growth of the internet and emerging technologies.
  • Also. as India engages in global digital interactions, the regulations are necessary to align with international standards, best practices, and obligations.
• Strong data protection law:
  • While the outline of the new Digital India Act is impressive, it is important that it be legislated into the statute books quickly, along with a strong data protection law.
• Territorial jurisdiction:
  • Defining territorial jurisdiction is necessary in the DIA due to the borderless nature of information and interactions over the Internet.
• Balance the interests of important stakeholders:
  • While transparency and accountability are the founding pillars of the act, it will also have to balance the interests of important stakeholders like users, big tech, government, businesses, and civil society.

PRACTICE QUESTION:

Q. “Being a nation with the greatest number of internet users, the proposed Digital India Act aims at shaping the future of the country's digital landscape and harnessing the potential of the digital economy”. Discuss.