In current times, artificial intelligence and other technologies have made everyday life relatively easier. However, regulation of the online space has become an indispensable domain. As India takes strides in developing its technologies under the “Digital India” initiative, a robust legal ecosystem must be established in the country to defend individuals, businesses, and society from the perils of the digital age. Considering the pace of growth in India, cy law garnered its place in legal jurisprudence tangentially.
A dozen or more legal aspects fit under cyber law such as the application of electronic devices and computer networks and the increasing impact of the internet and social media, as well as its networks. It is fundamental in protecting the rights of individuals and organizations and maintaining the stability of the online environment. Cybercrime basically revolves around using computers and other digital equipment against government or general to cause cyber security breach, which leads to threat and infringement of copyrighted digital content, cyber-bullying, cyber-stalking, and deception.
The Evolution of Cyber Laws in India:
Late 1990’s encountered a drive for the development of cyber law in India , to create strict laws for probing internet usage . An initial draft was undertaken by the Department of Electronics in July 1998 which then went through significant amendments to comply with e-commerce standards and WTO guidelines. The Union Cabinet finally approved it in May 2000 after it was reviewed by the Ministry of Law and Company Affairs. The Parliament passed the bill after getting the assent of the president on June 9, 2000, especially with an eye on the Act coming into force on October 17, 2000. With the IT Act, e-governance received a legal framework; electronic records and digital signatures were acknowledged; e-commerce was facilitated; and further 27 other types of cybercrimes were defined along with the penalties.
The Information Technology (Amendment) Act, 2008 came into force on October 17, 2009, to deal with the cyber threats. Identity theft, child pornography, and cyber terrorismsignificantly detoriated as this Amendment bolstered security and strengthened data protection norms, setting the liabilities to ensure accountability. India has seen significant changes in different leguislations as in the case Bharatiya Nyaya Sanhita, 2023 (BNS), Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Bharatiya Sakshya Bill, 2023 (BSB), respectively. The new legislations has infused a new life to make it more stringent while dealing with new cyber crimes and threats.
Recent Developments in Cyber Law:
Digital Personal Data Protection Act, 2023: DPDP Act marked the first ever substantial improvement in data privacy legislation in India, it made strict rules for explicit consent before processing any personal data. It allows individuals rights over their data which advantages them: access, correction, and deletion rights. Besides, A Data Protection Board is created by this law to oversee adherence and grievance redress mechanisms.
Information Technology Rules, 2021: The Rules require appointment of compliance officers and establishment of grievance redressal mechanisms by the digital content developers and social media. It aims to enhance accountability for user generated content to maintain the privacy and free speech.
CERT-In Guidelines, 2022: Guidelines issued by the Indian Computer Emergency Response Team requiring organizations to report cyber incidents, strict data storage policies, and KYC adherence for digital services to secure transactions more effectively.
Challenges and Impacts:
Cyber law struggles between regulating and freedom of expression and privacy and national security. It has not been easy, as shown by the controversies surrounding Section 66A and its being struck down as a violation of free speech, and suspicions about the possible government overreach also in surveilling data, notwithstanding privacy protections under the DPDP Act, 2023. The ever-evolving cyberspace itself requires the laws to be going through walkthroughs to do justice against issues such as online censorship and protection of data; growing threat out of cybercrimes; making it certain that legal frameworks evolve at the pace of technologic development but pursuing individual’s rights.
Nowadays, technological advancements are at rapid pace with it comes the new threats to cyber law space in India and is undergoing a sea change. The recent legislative reforms aims to equipthe country with a robust framework that can be used to meet the new growing challenges of cyberspace without compromising the rights of individuals. Also, India should aid in advancing global cognizance on cyber security. This will not only strengthen the Indian digital space but will also promote a more creative environment.However, the changing technological and legal facets of the cyber legislation will in turn deal with the law issues of cyberspace in due time.
Author: Prajukta Roy, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.
BIBLIOGRAPHY
- Evolution Of Cyber Laws In India
- Cyber LegalDevelopmentsIn India In 2020
- Cyber Law in India: Guardian of The Digital Realm
- Recent Changes to the Cybersecurity Regulatory Space in India
https://iclg.com/briefing/20423-recent-changes-to-the-cybersecurity-regulatory-space-in-india.