A Proposed Framework to Regulate Information Technology

The Indian government seeks to revamp its decades-old IT law under its ‘Digital India’ initiative. The proposed “Digital India Act” will regulate the open internet, online safety, accountability and quality of services, and emerging technologies, while establishing a new adjudicatory mechanism. Through the regulation of internet intermediaries, developers of emerging technologies, and internet users, the Digital India Act aims to:

1. Make “Global Standard Laws” that enable for $1 trillion (about $3,100 per person in the US) digital economy.
2. Create a framework to strengthen democracy and governance (“G2C”), which accelerates digitalization of the Government.
3. Accommodate the volatile nature of the emerging technology by having a “principles & rules-based approach” for enforcement of the regulations.
4. Protection of the citizens’ rights by establishing non-discriminatory internet access through sanctions on digital harms such as impersonation, privacy violations, misinformation, doxing, and cyber-attacks.
5. Establish a dedicated adjudicatory mechanism for online civil and criminal offences, which addresses & resolves the disputes of the citizens efficiently and develops a unified cyber jurisprudence.

Fines for non-compliance are expected to extend up to INR 500 crores (USD 60 million) and will include criminal penalties as well. A draft version of this law is yet to be officially published.