THE CONCERN OF NEW INFORMATION TECHNOLOGY RULES 2021 (original) (raw)
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The Wire, 2021
Recent media reports note that the Supreme Court has observed that the new OTT (over the top technology) rules have no teeth, going on to add that some platforms even show pornography in the absence of effective oversight. It has, therefore, directed government to present rules that are more effective. One expected the government counsel to mention section 67 of the Information Technology (I.T.) Act that imposes severe punishment in such cases and that the of teeth of the new Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules, 2021 are actually embedded in the mother law. Besides, as milords know better than us, the Indian Penal Code also provides for rigorous imprisonment of several years for offences that involve "circulation", "distribution" or "public exhibition" of obscene materials. On the other hand, the consensus that had emerged in the media is that the new rules are far too intrusive and may seriously constrict freedom of speech and expression. Besides, many are not convinced that government has adequate competence to operationalise such wide-ranging controls by invoking bits and pieces of powers under sections 69(2), 79(2), 87(1) and 8(2) of the I.T. Act.
Media, Law and Society: Interrelations and Emerging Trends, 2022
Technological advancement and the boom of the World Wide Web, has revamped the pattern in which people interact, communicate and engage today. This has facilitated in rapid development of the social media platforms and increased the demand for user generated content. India has witnessed both growth and repercussions of these social media platforms. The present legal framework in India regarding the social media platforms (hereinafter: SMPs) suggests a co-regulatory model, depending on both setting up of self-regulatory bodies and a pre-established statutory framework. This paper aims to critically analyze how these self-regulatory structure as prescribed by the "Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021" (hereinafter: IM Rules, 2021) hamper the very fundamental right of free speech and privacy, which is the centre stone of this particular space (SMPs). As notified by the IM Rules, 2021 - the appointment of compliance officer, deploying of automated filtering software, identification of physical address from the users of accounts, and other restrictions further bear testimony to the infringement of rights. It further tries to investigate the relevance of these newly added rules among the young users and understand if there exists a gap between the rules and its awareness. To achieve these objectives, a survey was conducted to understand the level of awareness about the laws and its relevance among the graduate Generation-Z of Kolkata. The findings suggest that even though the relevance is far-reaching, the awareness about these regulations are very less. It is clearly noticed that there has been a growing disparity between the laws that exist and the access of such laws by the users. A focus group interview with experts confirms that IT laws or IM Rules 2021, in this case still remain a chapter in the book, whose real-life application is yet a desired habit to achieve. Keywords : Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media regulations, awareness, Generation - Z
Examining Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Social and Political Research Foundation, 2021
The revolutionary digital transformation of our world in the twenty-first century has impacted almost all aspects of our life. The trajectories of such changes across various countries are, however, uneven. Cheap and affordable gadgets and accessible internet services are instrumental in India's digital revolution. There are now over 450 million mobile internet users in India utilising one of the lowest data costs (Rao 2019). Recently, the Ministry of Information and Technology revealed that there are over 53 crore users of WhatsApp and 41 crores of Facebook users in India (Chakravarti 2021), many of whom are increasingly dependent on social media for their news updates (
Loopholes and recommendation of ICT Act
Methodology Abstract Introduction History of the term Origin and development of ICT Background of ICT Act in Bangladesh Loopholes of I CT Act, 2006 A critic analysis on ICT Act , 2006 Recommendation Conclusion Bibliography Loopholes and recommendation of ICT Act, 2006
Internet and New Technologies Law 1
Currently, countries all over the world have undergone an expressive technological transformation called digital age, in which a large part of human relations is determined by algorithms and / or artificial intelligence. The fugacity of the information age poses new challenges for the Social Sciences as a whole. Thus, Law, as a result of human rationality, will need to undergo significant transformations in order to adapt to the new social categories in metamorphosis. This article aims to discuss challenges and impacts of the postmodern technological revolution and reflect on the paradigm shifts for Law and its new directions in the digital age. It will be carried out a theoretical-critical-documentary analysis, through national and international bibliographic review, involving books, specialized periodicals, legislation and electronic sites, in order to understand the main changes in the various branches of Law. Regarding to the researched references, many speculations pointed to a situation where technology exacerbated individualism, particularism, psychological diseases, human and environmental conflicts, political division and influenced electoral processes. However, it facilitated access to information, reconfigured the relationships of time and space, optimized production processes and developed new forms of communication.
CHAPTER II DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE 3. Authentication of electronic records. 3A. Electronic signature. CHAPTER III ELECTRONIC GOVERNANCE 4. Legal recognition of electronic records. 5. Legal recognition of electronic signatures. 6. Use of electronic records and electronic signatures in Government and its agencies. 6A. Delivery of services by service provider. 7. Retention of electronic records. 7A. Audit of documents, etc., maintained in electronic form. 8. Publication of rule, regulation, etc., in Electronic Gazette. 9. Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form. 10. Power to make rules by Central Government in respect of electronic signature. 10A. Validity of contracts formed through electronic means. CHAPTER IV ATTRIBUTION, ACKNOWLEDGEMENT AND DESPATCH OF ELECTRONIC RECORDS 11. Attribution of electronic records. 12. Acknowledgment of receipt. 13. Time and place of despatch and receipt of electronic record. CHAPTER V SECURE ELECTRONIC RECORDS AND SECURE ELECTRONIC SIGNATURE 14. Secure electronic record. 15. Secure electronic signature. 16. Security procedures and practices. CHAPTER VI REGULATION OF CERTIFYING AUTHORITIES 17. Appointment of Controller and other officers. 18. Functions of Controller. 19. Recognition of foreign Certifying Authorities. 20. [Omitted.]. 21. Licence to issue electronic signature Certificates. 22. Application for licence. 23. Renewal of licence. 24. Procedure for grant or rejection of licence. 25. Suspension of licence. 26. Notice of suspension or revocation of licence. SECTIONS 64. Recovery of penalty or compensation. CHAPTER XI OFFENCES 65. Tampering with computer source documents. 66. Computer related offences. 66A. Punishment for sending offensive messages through communication service, etc. 66B. Punishment for dishonestly receiving stolen computer resource or communication device. 66C. Punishment for identity theft. 66D. Punishment for cheating by personation by using computer resource. 66E. Punishment for violation of privacy. 66F. Punishment for cyber terrorism. 67. Punishment for publishing or transmitting obscene material in electronic form. 67A. Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form. 67B. Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form. 67C. Preservation and retention of information by intermediaries. 68. Power of Controller to give directions. 69. Power to issue directions for interception or monitoring or decryption of any information through any computer resource. 69A. Power to issue directions for blocking for public access of any information through any computer resource. 69B. Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security. 70. Protected system. 70A. National nodal agency. 70B. Indian Computer Emergency Response Team to serve as national agency for incident response. 71. Penalty for misrepresentation. 72. Penalty for Breach of confidentiality and privacy. 72A. Punishment for disclosure of information in breach of lawful contract. 73. Penalty for publishing electronic signature Certificate false in certain particulars. 74. Publication for fraudulent purpose. 75. Act to apply for offence or contravention committed outside India. 76. Confiscation. 77. Compensation, penalties or confiscation not to interfere with other punishment. 77A. Compounding of offences. 77B. Offences with three years imprisonment to be bailable. 78. Power to investigate offences. CHAPTER XII INTERMEDIARIES NOT TO BE LIABLE IN CERTAIN CASES 79. Exemption from liability of intermediary in certain cases. CHAPTER XIIA EXAMINER OF ELECTRONIC EVIDENCE 79A. Central Government to notify Examiner of Electronic Evidence. CHAPTER XIII MISCELLANEOUS 80. Power of police officer and other officers to enter, search, etc. 81. Act to have overriding effect. 81A. Application of the Act to electronic cheque and truncated cheque. 82. Controller, Deputy Controller and Assistant Controller to be public servants. SECTIONS 83. Power to give directions. 84. Protection of action taken in good faith. 84A. Modes or methods for encryption. 84B. Punishment for abetment of offences. 84C. Punishment for attempt to commit offences. 85. Offences by companies. 86. Removal of difficulties. 87. Power of Central Government to make rules. 88. Constitution of Advisory Committee. 89. Power of Controller to make regulations. 90. Power of State Government to make rules. 91. [Omitted.]. 92. [Omitted.]. 93. [Omitted.]. 94. [Omitted.].
An Analysis of Validity of Section 66A of IT Act, 2000 in Shreya Singhal v. Union of India
International Journal of Law and Legal Jurisprudence Studies (ISSN-2348-8212) Volume 2 Issue 4, 2015
Now anyone can voice themselves on the internet without fear of criminal proceedings against them. Many cases had instilled such fear in the minds of the youth who use the internet to voice their views. Such limitation to voice one’s views is contradictory to the Fundamental Right to Freedom of Speech and Expression. Section 66A of the Information Technology Act, 2000 is the offence which is constituted by sending information which is offensive, menacing in nature and prescribes a punishment of three years with fine. This draconian law was declared to be unconstitutional by the Hon’ble Supreme Court recently on the ground that it blatantly violates the Freedom of Speech and Expression guaranteed by the Constitution of India and every such violation which is not saved by the exceptions which are reasonable in nature are unconstitutional. The case had been filed on grounds of the law being violative of two fundamental rights, however, only one of them has been accepted by the Supreme Court. This paper analyzes the parameters and the way the Hon’ble Court arrived at the judgement which protected the Freedom of Speech in India. Further it also seeks to analyze the contentions which have not been able to sustain in the Supreme Court.
Indian Information and Technology Act 2000: review of the Regulatory Powers under the Act
International Review of Law, Computers & Technology, 2005
In India, the Information Technology Act, received the Presidential Assent in June 2000. The Act is based on the Model Law on E-Commerce adopted by the United Nations Commission on International Trade Law (UNCITRAL). The essence of the Act is captured in the long title: ‘An act to provide for the legal recognition of transactions carried out by … alternatives to paper-based methods of communication and storage of information …’. In a previous article the authors reviewed the ‘heavy handed’ approach taken by the Indian government to the regulation of Certificating Authorities,1 this article continues this theme and evaluates the provisions of the Act in and around a range of jurisdiction, crime and privacy issues. Unlike similar legislation in Singapore, Malaysia, South Korea and Thailand, which primarily focuses on the regulation of e-commerce, the Information Technology Act 2000 introduces and enacts for the first time in India a range of e-commerce and Internet related criminal offences, these provisions provide a range of executive powers that the authors consider will significantly impair the rights of privacy and free speech of both citizens of India and of other countries.
Information Technology Laws Mapping the Evolution and Impact of Social Media Regulation in India
DESIDOC Journal of Library & Information Technology, 2021
Growing misuse of social media calls for an urgent move towards greater legal regulation to control the menace of fake news, hate speech and disinformation among democracies. The online interactions have undergone an evolution that threatens not only free speech, privacy, data protection, national security but democracy as a whole. The subject matter assumes significance, in a democracy like India, which has recently notified a new regulatory regime - Information Technology Rules, 2021, that has fundamentally changed the regulation of online content in India. This development warrants for revisiting the prior regulatory regimes to analyse the new rules and guidelines and its impact on public sphere. The review paper aims at mapping the evolution of laws governing online content in India. The fact-finding review paper is based on reviewing existing laws, regulations, policies, research papers, media reports, articles. It also seeks to explore the linkages between the legislative regu...