The Information Technology Act, 2000 is a landmark legislation that was enacted by the Indian government to manage and govern the IT sector. The Act, which was subsequently amended in 2009, primarily focuses on endorsing e-governance, preventing cybercrime, and promoting security practices in the digital landscape.
Recently, however, the Minister of State for Electronics and Information Technology highlighted the need for a legislative overhaul of this now 22-year-old Act. The call for review has been stimulated by the commencement of new guidelines concerning digital media ethics and intermediary services, known as the ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021’.
External Factors Demanding New IT Law
India’s digital economy is anticipated to reach a worth of a trillion dollars in the coming years. Considering this massive digitization, an open and secure Internet will become an indispensable economic component of our nation. However, the world is witnessing a ‘splinternet’—the potential fragmentation of global internet due to national policies, trade disputes, censorship, and dissatisfaction with giant tech companies. This evokes the need for a more robust IT law.
China’s ‘Great Firewall’ exemplifies a splintered internet, where global digital services are replaced with national alternatives in the name of Cyber Sovereignty.
Internal Factors Affecting IT Law
In India, the majority of cybercrimes are bailable offenses, an inadvertent outcome of the IT (Amendment) Act, 2008. This has led to an escalation in cybercrime with negligible convictions, highlighting the urgent need for stricter laws and stringent punishment.
Moreover, the IT Act fails to deliver adequately outside metropolitan cities due to a lack of awareness and implementation by the respective law enforcement agencies. It also does not cover the majority of crimes committed using mobiles, underscoring the need for necessary modifications.
Present Government Initiatives for Cyber Security
In light of these challenges, the government has introduced several initiatives to bolster cyber security. These include Cyber Surakshit Bharat Initiative, Cyber Swachhta Kendra, an online cybercrime reporting portal, Indian Cyber Crime Coordination Centre (I4C), and National Critical Information Infrastructure Protection Centre (NCIIPC).
The Way Forward: Modifying the IT Act
Considering the evolving digital space and related challenges, the government is considering a new legislative framework that will effectively address various cyber-related issues. Proposed changes include making most cybercrimes non-bailable offenses, incorporating a comprehensive data protection regime, and considering cyber war as a punishable offense under the IT Act.
Moreover, the current IT Act has provisions that exceed reasonable restrictions on freedom of speech and expression, necessitating their removal for the law to be legally sustainable.
Lastly, bilateral or multilateral agreements between countries need to evolve to address global digital issues collaboratively rather than in isolation.
The Indian Computer Emergency Response Team (CERTIn), appointed under section 70B of the IT Act, serves as the national agency for incident response and is legally mandated to report on cyber security incidents. This integrated approach will serve to fortify India’s digital landscape amidst the rapidly evolving global digital ecosystem.
