How the Digital India Act will shape the future of the country’s cyber landscape

Source: This post has been created based on the article “How the Digital India Act will shape the future of the country’s cyber landscape” published in The Hindu on 9^th October 2023.

UPSC Syllabus Topic: GS Paper 2 – Governance – Government policies and interventions for development in various sectors. 

News: This article discusses the recent announcement of the Digital India Act 2023 (DIA) which aims to address the ever-evolving digital landscape in India. The article highlights its significant provisions and the associated challenges in their implementation.

What was the need of the DIA?

The DIA, which will replace the Information Technology Act of 2000 (IT Act, 2000), is designed to address the challenges and opportunities presented by the dramatic growth of the internet and emerging technologies. Its primary motive is to bring India’s regulatory landscape in sync with the digital revolution of the 21st century.

This digital revolution includes the explosion of India’s internet user base to 850 million.

Changes such as the evolution of the nature of internet usage, the emergence of various intermediaries and the proliferation of new forms of user harm, such as cyberstalking, trolling, and doxing have also occurred.

The DIA recognizes these changes and aims to provide a comprehensive legal framework to address them.

What are the key provisions of DIA?

Firstly, it emphasizes ‘Online safety and trust’ with a commitment to safeguarding citizen’s rights in the digital realm. At the same time, it aims to remain adaptable to shifting market dynamics and international legal principles.

Secondly, it recognizes the importance and provides guidelines for responsible use of “New-Age technologies” such as Artificial Intelligence and Blockchain: It aims to promote ethical AI practices, data privacy in blockchain applications, and mechanisms for accountability.

This ensures a balance between fostering innovation and safeguarding against potential harm.

Thirdly, it upholds the concept of an “Open Internet” (i.e., the internet being free and open to all, and not under the control of any government or organization): It strikes a balance between accessibility and necessary regulation.

Lastly, regarding Accountability of online platforms: It contemplates a review of the “Safe Harbour” principle, which shields platforms from liability related to user-generated content.

What are the various challenges associated with the DIA?

There are certain aspects of DIA that require a critical evaluation. These include:

1) Impact on innovation and the ease of doing business due to stricter regulations, particularly in emerging technologies: This may lead to less investments and entrepreneurship.

2) Impact on the freedom of expression of users due to the review of the “safe harbor” principle: Platforms may adopt a more cautious approach.

3) Challenges with regard to effective enforcement: This will require substantial resources, expertise, and infrastructure.

4) Another challenge is balancing the interests of various stakeholders, including the rights of tech giants as well as citizens.

What should be done?

Therefore, while the DIA is a progressive move, its implementation and potential impacts require constant monitoring and adaptability to avoid unintended consequences.

This forward-looking stance will not only be beneficial for citizens and businesses but also position India as a responsible player in the global technology landscape.