DIGITAL  INDIA  ACT TO SHAPE INDIA’S CYBER LANDSCAPE

Why in the News?

The Digital India Act 2023 (DIA) has been recently announced by the government to establish a future-ready legal framework for the country’s growing digital ecosystem.

Digital India Act 2023 (DIA):

1. It seeks to replace the two-decade-old Information Technology Act of 2000 (IT Act) which is struggling to keep pace with the rapid changes in technology and user behaviour.
2. It seeks to address the challenges and opportunities presented by the dramatic growth of the internet and emerging technologies.
3. Need for DIA act:
   1. India’s internet user base has exploded from 5.5 million to 850 million.
   2. Outdated IT act, 2000
   3. Proliferation of new forms of user harm, such as cyberstalking, trolling, and doxing.
   4. Therefore, a comprehensive legal framework to address them is required.
4. Key provisions:
   1. Emphasis on online safety and trust with a commitment to safeguard citizen’s rights in the digital realm.
   2. Being adaptable to shifting market dynamics and international legal principles.
   3. Provides guidelines for responsible utilisation of new-age technologies such as AI and blockchain.
      1. Besides ensuring adherence to ethical and legal principles, it encourages adoption of these technologies and shape their development.
      2. It thus strikes a balance between fostering innovation and safeguarding against potential harms.
      3. Promotes ethical AI practices and data privacy in blockchain applications.
      4. Provides for mechanisms of accountability in the use of these technologies.
   4. It upholds the concept of an open internet and mandates stringent Know Your Customer (KYC) requirements for wearable devices, along with criminal law sanctions.
   5. It emphasises a review of the “safe harbour” principle.
      1. The “safe harbour” principle shields online platforms from liability related to user-generated content.
      2. A review of the principle can foster online accountability standards.

Challenges in implementation of the act:

1. The act may have potential impact on innovation and the ease of doing business as stricter regulations in emerging technologies can stifle entrepreneurial initiatives and deter foreign investments. 
2. A review of the “safe harbour” principle can impinge on freedom of expression of users as these platforms may a adopt more cautious approach on user-generated content.
3. The effective enforcement of DIA will require substantial resources, expertise, and infrastructure. 
4. Balancing the interests of various stakeholders, including tech giants, while ensuring the protection of citizen rights will be a tedious process.

DIA offers steps for towards ensuring a secure, accountable, and innovative digital future for India in an age of constant change of digital landscape. DIA implementation with vigilant monitoring and adaptability to avoid unintended consequences can lead to its successful implementation.