| Introduction: What is Digital India Bill? Body: What is the need for a new bill and how does it aim to resolve new challenges? Conclusion: Conclude with the way forward. |
Digital India Bill will be the successor to the decades-old Information Technology Act, of 2000, the country’s core Internet law. It will address emerging issues like user harm, competition and misinformation in the digital space.
What is the need for Digital India Bill?
- Classification of Intermediaries: The government is considering a review of the definition of intermediaries and classifying them based on their nature and not just based on their size. A classification framework with few defined categories, which requires intermediaries to undertake risk assessments is need of the hour.
- Safe harbour: It is the most important regulatory freedom afforded to tech giants like Twitter, Instagram, YouTube and WhatsApp under Section 79 of the IT Act, 2000. The diversity and complexity of the tech platforms have raised the relevance of safe harbour.
- User harm: With the evolution of the internet the online space is rife with specific online crimes and unique natures which are not defined in IPC. For eg, Online misinformation is currently not a legal offence in India. The present Digital Data Bill aims to address challenges which are likely to emerge from AI platforms like ChatGPT and Google’s Bard.
How does the Digital India Bill aim to tackle emerging challenges in the digital space?
- The difference in nature of intermediaries: The draft bill aims to distinguish communication services (where end-users interact with each other) from other forms of intermediaries (such as search engines and online marketplaces). The former are subject to high forms of regulation vis-à-vis the latter & are subject to “content down request” within a short period.
- Regulate communication platforms: Platforms like Twitter might be required to follow rules, such as appointing officers based in India and establishing internal grievance appeals processes with impartial outside stakeholders.
- Accountability and Online safety: The proposed steps must include a risk assessment framework, and periodic review of regulations to keep digital infrastructure updated with the needs of the time will lead to accountability and online digital safety.
- Experience of other nations: Draft Bill could take suggestions from the EU’s Digital Services Act which increases the legal obligations of intermediaries and the Australian classification system of differentiating between communication and search engine intermediaries.
Conclusion:
The new Digital India Bill should aim to ensure an open and secure Internet in the nation, protect users’ rights and lower their online dangers, as well as hasten the development of technological innovation in the country.
