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Nations worldwide are grappling with the need to update their legal frameworks to adapt to the evolving digital landscape. India, with its ambitious Digital India’ initiative, is no exception.The recent announcement of the Digital India Act 2023 (DIA) represents a significant step towards establishing a future-ready legal framework for the country’s burgeoning digital ecosystem.This move by the Ministry of Electronics and Information Technology (MEITY) signals a proactive approach to regulating and shaping the digital future of the nation.
Digital India Act (DIA):
The DIA will replace the Information Technology Act of 2000 (IT Act).The IT Act of 2000, crafted during a time when the internet was in its infancy, has struggled to keep pace with the rapid changes in technology and user behaviour.During these discussions and consultations , it is to observe the progression and impact of this proposed legislation within the dynamic digital landscape.Promotion of Digital Governance makes government and public utility services, delivery of public services through online and mobile platforms in a simple, accessible, interoperable and citizen friendly manner.
Since its inception, India’s internet user base has exploded from a mere 5.5 million to a staggering 850 million.The nature of internet usage has also evolved, with the emergence of various intermediaries and the proliferation of new forms of user harm, such as cyberstalking, trolling, and doxing.
The DIA recognises these changes and aims to provide a comprehensive legal framework to address them. It is designed to address the challenges and opportunities presented by the dramatic growth of the internet and emerging technologies.Various Posts and articles are available in internet to get furthur information.
KEY ASPETCTS OF DIGITAL INDIA ACT:
It aims to bring India’s regulatory landscape in sync with the digital revolution of the 21st century.
The IT Act of 2000, crafted during a time when the internet was in its infancy, has struggled to keep pace with the rapid changes in technology and user behaviour.
It places a strong emphasis on online safety and trust, with a commitment to safeguarding citizen’s rights in the digital realm while remaining adaptable to shifting market dynamics and international legal principles.
Recognising the growing importance of new-age technologies such as artificial intelligence and blockchain, the DIA provides guidelines for their responsible utilisation.
It promotes ethical Al practices, data privacy in blockchain applications, and mechanisms for accountability in the use of these technologies. This forward-looking stance is not only beneficial for citizens and businesses but also positions in as a responsible player in the global technical landscape.
It upholds the concept of an open internet, strie a balance between accessibility and necessary ulations to maintain order and protect users.
The DIA mandates stringent Know Your Cust (KYC) requirements for wearable devices, accomp nied by criminal law sanctions.
Lastly, it contemplates a review of the “safe b bour” principle, which presently shields on platforms from liability related to user-genent content, indicating a potential shift in cl accountability standards.
These provisions underscore the proposed D commitment in addressing the complexities of t digital age.
Challenges of Digital India Act:
While the introduction of the DIA is a comment able step towards addressing the challenges of th digital age, there are certain aspects that warrant critical evaluation.
One key concern is the potential impact on innova tion and the ease of doing business. Stricter regu lations, particularly in emerging technologies could inadvertently stifle entrepreneurial initiative and deter foreign investments.
Additionally, the review of the “safe harbour” prin ciple, could lead to a more cautious approach among these platforms, possibly impinging on freedom of expression.
Balancing the interests of various stakeholders including tech giants, while ensuring the protec tion of citizen rights, poses a significant challenge
Furthermore, the DIA’s success hinges on effective enforcement, which will require substantial resources, expertise, and infrastructure.
Limitations with in IT Act 2000:
It lacks the coordinated cyber security incident response mechanism.
It also Lack of adequate principles for data privacy protection.Lack of distinct regulatory approaches for harmful and illegal content.Lack of comprehensive provisions on user rights, trust & safety.
Limited recognition of harms and new forms of cybercrimes, without any institutionalmechanism for awareness creation.
Absence of adequate regulations to address the regulatory requirements of emergingtechnology, technology, assessments assessments of high risk automated automated-decision decision making systems systems modern,modern,digital businesses including monopolies and duopolies