Currently, the Information Technology Act, 2000, which came into effect on October 17, 2000 ("IT Act") is the primary legislation governing and regulating digital activities in India. Despite undergoing several amendments in the last two decades, the IT Act has become obsolete since the fundamental principles of the IT Act were established prior to the emergence of e-commerce and social media platforms. Although these digital services have enabled citizens to access healthcare, education, and entertainment through online channels, they have also presented challenges such as cybersecurity threats, data privacy concerns, and the proliferation of hate speech and fake news. The IT Act has not been able to tackle issues arising out of recent innovations such as e-commerce, social media platforms, online gaming portals, AI tools and the metaverse. As such, a new digital law that aligns with global standards and modern technologies, is long overdue.

The Ministry of Electronics and Information Technology ("MeitY") has been talking about a the Digital India Act ("DIA") that will replace the IT Act and in March, 2023 MeitY released a presentation ("Presentation") to inform stakeholders about the proposed new legal framework for India's burgeoning digital technology ecosystem, which will be encompassed in the Digital India Act ("DIA"). According to the Presentation, the DIA is expected to establish a regulatory framework for digital technologies and services in India, covering a wide range of areas, including data protection, cybersecurity, e-commerce, digital payments, and artificial intelligence, among others. Although a draft of the DIA has not yet been made public, the Presentation by MeitY provides an insight into the framework of the proposed DIA which would evolve through rules, and address the following tenets of Digital India:

  • Open Internet
  • Online Safety and Trust
  • Accountability and Quality of Service
  • Adjudicatory mechanism
  • New Technologies

The main objectives of DIA include:

  • Protecting user privacy and data: The proposed DIA is expected to establish clear guidelines for data protection and privacy and create mechanisms for the secure handling of user data. This would help prevent the misuse of personal information and improve trust in digital services. The DIA also aims to regulate wearable tech such as spy camera glasses by mandating strict KYC requirements for retail sales and appropriate criminal law sanctions.
  • Strengthening cybersecurity: The proposed DIA aims to enhance cybersecurity measures to protect against cyber threats and attacks. This includes measures to prevent data breaches, cybercrime, and other online threats.
  • Promoting digital innovation: The proposed DIA is expected to provide a conducive environment for digital innovation, by establishing clear rules and guidelines for the development of new technologies and services such as autonomous systems/robotics, virtual reality/augmented reality, real-time language translators.
  • Boosting e-commerce: It is now beyond question that influential internet giants like Twitter, Facebook, and Google have a significant impact on a nation's social, economic, and political consequences. In India, the lack of regulation of social media has enabled freedom of expression but also created problems such as online harassment and hate speech. The proposed DIA aims to prevent these distortions through the regulation of dominant ad-tech platforms etc. and promoting start-up India via non-discriminatory access to digital services and interoperable platforms. This will consequently promote the growth of e-commerce in India by creating a level playing field for all market players and ensuring fair competition.
  • Enhancing digital literacy: The proposed DIA is expected to include measures to promote digital literacy and awareness among the general public, to ensure that everyone can benefit from digital technologies.
  • Protecting minors: The proposed DIA seeks to protect minors' data, safety, and privacy on social media platforms, gaming, and betting apps through age-gating and regulation of addictive technology. It also includes a mandatory "do not track" requirement to prevent children from being targeted for advertising purposes.

Overall, the proposed DIA is expected to play a crucial role in transforming India into a digital economy and promoting the growth of digital technologies and services in the country.

Although the proposed framework for the DIA appears promising, it is important to note that it is still in the early stages of development and details of the proposed legislation provided in the Presentation are subject to change. To ensure public safety in an increasingly digitized world, it is crucial for the proposed DIA to be promptly enacted as a legislation and implemented at the earliest.

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