Digital India Act to replace IT Act 2000

The current Information Technology (IT) Act, 2000 has several limitations. The country needs Global Standard Cyber Laws to act as a catalyst and enabler for the $1 trillion digital economy, according to Rajeev Chandrasekhar, Minister of State for Electronics and IT.

The proposed Digital India Act (DIA) will give a much-needed thrust to the current regulatory landscape in India to tame Big Tech and empower millions of citizens, the government has emphasized.

In his presentation to various stakeholders this week, the minister said that from one type of Internet intermediary in the year 2000 to multiple types of intermediaries today (e-commerce, digital media, social media, AI, OTT, gaming etc.), we are facing new complex forms of user harms — catfishing, doxxing, cyber stalking, cyber trolling, gaslighting and phishing, etc.

The proliferation of hate speech, disinformation and fake news are other serious concerns that the old IT regime cannot address.

Hence, there is an urgent need for DIA rules which will “manage the complexities of the Internet and rapid expansion of the types of intermediaries”.

Emphasizing the need for an open Internet, the minister said that it should offer Choice, Competition, Online Diversity, Fair Market Access, and Ease of Doing Business and Ease of Compliance for Startups.

The proposed DIA will offer adjudicatory and appellate mechanisms for accountable and responsive digital operators; updated intermediary framework; obligations on significant digital operators through classification/ mandates; algorithmic transparency and periodic risk assessments by digital entities.

There will be a comparative study of all relevant global laws pertaining to the Internet and technology in other countries for the draft Digital bill.

“There will be consultations with experts, general public, industry, media, academia, student community, Internet governance forums and consumer forums for the DIA,” according to the minister.