In the current digital era, Information Technology Act, 2000 (IT Act) is the primary framework that governs entities on the internet. However, this act was enacted before the advent of Digital India and has several limitations, including inadequate principles for data/privacy protection, limited recognition of new forms of cybercrime, and a lack of distinct regulatory approaches for harmful and illegal content. To address these issues, the Indian government has proposed the Digital India Act (DIA).
Objectives of the Digital India Act (DIA)
The proposed DIA aims to address the key tenets of Digital India, including Open Internet, Online Safety and Trust, Accountability, and Quality of Service. It is expected to provide a specialized and dedicated adjudicatory mechanism for online civil and criminal offenses. Furthermore, the DIA is intended to be evolvable and consistent with changing market trends, disruption in technologies, and development in international jurisprudence.
Regulating E-Commerce, Digital Media, and Artificial Intelligence
One of the significant aspects of the DIA is the classification of E-Commerce, digital media, OTTs, gaming, Artificial Intelligence (AI), and Adtech intermediaries. The DIA proposes to bring these entities under a distinct regulatory framework, which will help address regulatory requirements for emerging technologies. This step is essential as new technologies require new regulations to ensure their responsible usage.
Protection of Children’s Privacy and Safety
The DIA also focuses on age-gating by regulating addictive technologies and protecting the safety and privacy of children on social media platforms, gaming, and betting apps. This move is critical as children are vulnerable to online threats, including cyberbullying and exploitation. The DIA aims to ensure that appropriate safeguards are put in place to protect them.
Adequate Principles for Data/Privacy Protection and User Rights
Another crucial aspect of the DIA is to provide adequate principles for data/privacy protection and provisions on user rights, trust, and safety. In the current IT Act, there are limited provisions to safeguard users’ privacy and data. The DIA aims to address this gap by providing robust data protection principles and mechanisms to hold entities accountable for data breaches and misuse of personal data.
Regulatory Approaches for Harmful and Illegal Content
The DIA also recognizes the need for distinct regulatory approaches for harmful and illegal content. Currently, the IT Act does not provide for an adequate regulatory mechanism to deal with harmful and illegal content online. The DIA aims to address this gap by proposing a specialized regulatory framework to ensure that harmful and illegal content is adequately regulated.
MCQs on Key Objectives and Provisions of the Digital India Act (DIA)
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What is the primary objective of the Digital India Act (DIA)?
A. To regulate entities on the internet.
B. To address tenets of Digital India including Open Internet, Online Safety and Trust, Accountability and Quality of Service.
C. To recognize new forms of cybercrimes.
D. To provide regulations to address regulatory requirements of emerging technology.
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What is the significance of the proposed age-gating provision in the Digital India Act (DIA)?
A. It regulates harmful and illegal content.
B. It provides principles for data/privacy protection.
C. It regulates addictive technologies and protects the safety and privacy of children on social media platforms, gaming, and betting apps.
D. It provides a specialized and dedicated adjudicatory mechanism for online civil and criminal offenses.
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Which of the following is a limitation of the current Information Technology Act, 2000 (IT Act)?
A. Limited recognition of harms and new forms of cybercrimes.
B. Inadequate principles for data/privacy protection.
C. Absence of adequate regulations to address regulatory requirements of emerging technology.
D. All of the above.
