Need for new IT Laws

 ~Preet


Cyber Laws and implementation | The Academic Insights

The Minister of State for Electronics and Information Technology (IT) recently remarked on the need for a legal update of the 22-year-old Information Technology Act, 2000. The first IT Act was adopted by the government in 2000. The IT (Amendment) Act went into effect in 2009, with the goal of promoting e-governance, reducing cybercrime, and encouraging security practises throughout the country. The government has published the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

In a few years, India will have a trillion-dollar digital economy, and a big number of firms will be on the Indian Internet. As a result, an open and secure Internet becomes a critical economic component of our society. Because of aggressive national policies, trade conflicts, censorship, and frustration with giant tech corporations, the global internet as we know it is on the point of splintering into smaller bubbles of national networks. This will have far-reaching implications for international organisations, data corporations, and individual customers alike. China's Great Firewall is perhaps the most advanced example of a split internet today. 

With the exception of a few cases, the IT (Amendment) Act of 2008 makes practically all cybercrimes bailable offences. The emphasis was primarily on increasing the quantity of civil culpability and decreasing the quantum of punishment, which explains why the country's number of cybercrime convictions is in the single digits. The IT Act is effective in major places like as Mumbai, Delhi, Hyderabad, Bhopal, and Bangalore, but it is ineffective in tier-two cities due to a lack of understanding of the legislation by enforcement authorities. The majority of mobile-related offences are not covered under the IT Act. This has to be addressed.

The government is considering a new legal framework with additional regulation options to address numerous challenges concerning digital space. The vast majority of cybercrimes should be designated as non-bailable offences. To improve its effectiveness, the law should include a thorough data protection regime. The IT Act should include cyber-warfare as an offence. Parts of Section 66A of the IT Act go beyond the Constitution of India's justifiable limits on freedom of speech and expression. These must be eliminated in order for the provisions to be legally viable. Bilateral or multilateral agreements between countries will increasingly have to evolve in such a manner that nothing can be done in isolation from other countries.

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