Introduction ​

0. Background ​

India’s Digital revolution and Global advancements have made our current regulatory landscape old and dated.

1. IT Act 2000 is 22 years old and was created in the early days of the internet.
2. Provisioned for the nascent IT ecosystem in 2000 pre-Digital India in the absence of modern internet-based services such as e-Commerce and social media platforms.
3. Limited mandate: legal recognition of electronic records, transactions, and electronic signatures over the electronic medium.
4. Internet, devices, and information technology have empowered citizens. However, they have also created challenges in the form of user harm, ambiguity in user rights, security, women & child safety, organized information wars, radicalization and circulation of hate speech, misinformation and fake news, unfair trade practices, etc.

Some other limitations of IT Act:

• Lack of comprehensive provisions on user rights, trust & safety.
• Limited recognition of harms and new forms of cybercrimes without any institutional mechanism for awareness creation.
• Lack of distinct regulatory approaches for harmful and illegal content.
• Absence of adequate regulations to address the regulatory requirements of emerging technology, assessments of high-risk automated decision-making systems, modern digital businesses including monopolies and duopolies.
• Lack of adequate principles for data/privacy protection.
• Lack of a converged, coordinated & harmonized institutional regulatory body, a dedicated & efficacious investigatory/enforceability, and a swift adjudicatory mechanism.
• Lack of coordinated cyber security incident response mechanism.

Current Regulatory Landscape ​

The current regulatory landscape in India encompasses several key elements, including the Reasonable Security Practices and Sensitive Personal Data or Information (SPDI) Rule, which define security standards for the protection of sensitive data. Additionally, there are regulations governing the use of electronic records and digital signatures, ensuring the validity and legality of electronic documents. The Procedures and Safeguards for Blocking Rules establish a framework for content restriction, while the Cyber Appellate Tribunal provides a platform for addressing disputes related to cyber issues. The Indian Computer Emergency Response Team (CERT) plays a crucial role in responding to and mitigating cybersecurity threats. Certifying Authorities Rules govern entities responsible for digital certifications, and the Intermediary Guidelines and Digital Media Ethics Code set out guidelines for online intermediaries and digital content providers. These regulations collectively form the foundation of India's current regulatory framework in the digital and cyber domain.

1. Digital India Goals 2026 ​

1.1 $1 trillion digital economy by 2025-26: Atmanirbhar Bharat.
1.2 Global innovation and entrepreneurship system.
1.3 India to be Shaping the Future of Technologies.
1.4 India to be a Significant Trusted Player in the Global Value Chains for Digital Products, Devices, Platforms, and Solutions.

2. Need for Global Standard Cyber Laws ​

2.1 Objectives ​

Global Standard Cyber Laws to act as a catalyst and enabler for $1 trillion digital economy.

2.1.1 Ensure Indian Internet is Open, Safe & Trusted and Accountable.
2.1.2 Accelerate the growth of the innovation and technology ecosystem.
2.1.3 Manage the complexities of the internet and rapid expansion of the types of intermediaries.
2.1.4 Create a framework for accelerating digitalization of Government and to strengthen democracy and governance (G2C).
2.1.5 Protect citizens’ rights.
2.1.6 Address emerging technologies and risks.
2.1.7 Being Future-proof and Future-ready.

Digital India Act Framework ​

The framework would encompass:

a. DIA Rules
b. Digital Personal Data Protection Act
c. National Data Governance Policy Framework
d. IPC Amendments for Cyber Crimes

Present Challenges in the Cyberspace ​

The current cyberspace landscape in India presents a unique set of challenges, primarily driven by the vast online presence of approximately 850 million Indians, rendering it the world's largest digitally connected democracy. The proliferation of various types of intermediaries, spanning eCommerce, digital media, social media, AI, over-the-top (OTT) platforms, and gaming, introduces an array of complexities for regulation and oversight. This diverse digital ecosystem also offers a fertile ground for criminal activities and illegalities, resulting in a rising tide of new and intricate user harms, including catfishing, doxxing, cyber stalking, cyber trolling, gaslighting, and phishing, among others. Moreover, the unchecked dissemination of hate speech, disinformation, and fake news compounds the multifaceted challenges confronting the nation's digital domain, necessitating robust regulatory measures and frameworks.

3. Goals and Proposed Structure of DIA ​

3.1 Goals ​

• The new law should evolve through rules that can be updated and address the tenets of Digital India
  • Open Internet
  • Online Safety and Trust
  • Accountability and Quality of Service
  • Adjudicatory mechanism
  • New Technologies
• Urgent need for a specialized and dedicated adjudicatory mechanism for online civil and criminal offenses. The adjudicatory mechanism should be easily accessible
  • Deliver timely remedies to citizens
  • Resolve cyber disputes
  • Develop a unified cyber jurisprudence
  • Enforce the rule of law online
• The new Digital law should be evolvable and consistent with changing market trends, disruption in technologies, development in international jurisprudence, and global standards for qualitative service/products delivery framework.
• In order to rapidly create, modify, and enforce regulations, it will adopt a 'principles & rule-based approach' to regulation which provides a legislative framework under governing principles and effective measures for securing compliance with the ever-evolving rule of law.

3.2 Structure ​

1. Preamble
2. Principles
3. Digital Government
4. Open Internet
5. Online Safety and Trust including User Harm
6. Intermediaries
7. Accountability
8. Regulatory Framework
9. Emerging Technologies, Risks, and Guard Rails
10. Miscellaneous

4. Way Forward ​

1. Comparative Study of all relevant Global laws pertaining to the internet and technology in other countries
2. Draft Bill
3. Consultations with experts, general public, industry, media, academia, student community, internet governance forums, and consumer forums
4. Draft Cabinet Note and Policy
5. Digital India Act (DIA)