Online crime: MeitY urges adjudicatory system in Digital Bill presentation

Govt likely to make amendments to IPC and CrPC in tandem with the enactment of the Digital India Act to effectively deal with new types of cybercrimes

The ministry of electronics and information technology (MeitY) on Friday released its presentation made during the public consultation on the proposed Digital India Bill, marking an “urgent need for a specialised and dedicated” adjudicatory mechanism for online civil and criminal offences.

The ministry has suggested age-gating by regulating the addictive technologies and protection of minors data, safety and privacy of children on social media platforms, gaming, and betting apps as one of the key components in DIA. It has also put forward adjudication against user harms from revenge porn, cyber-bullying, dark web, defamation, or doxxing, etc.

The government has geared up for the process to draft the Digital India Bill, which will replace India’s primary digital law, Information Technology (IT) Act, 2000. It will address newer challenges created by the modern day internet.

The document outlining broad principles of the upcoming Bill says the IT Act has several limitations in recognition of harms and new forms of cybercrimes, without any institutional mechanism for awareness creation.

The 22-year-old Act, the presentation says, lacks distinct regulatory approaches for harmful and illegal content, and comprehensive provisions on user rights, trust and safety.

The government is likely to make amendments to the Indian Penal Code (IPC) and Code of Criminal Procedure (CrPC) in parallel for enactment of the Digital India Act (DIA) to effectively deal with new types of cybercrimes.

According to the presentation, an accountable internet needed a whole-of-government response for “a unified, coordinated, efficient and responsive” governance with an effective appropriate governance structure, a dedicated inquiry agency and a specialised dispute resolution or adjudication framework.

The way forward

• Government invites suggestions for the bill through email
• It will conduct a comparative study of relevant global laws
• Consultations to happen in two phases: on principles and then on draft
• MeitY aims to release the first draft by July

Digital India Act aims to bring:

• New definition of internet intermediaries
• Classification of e-Commerce, digital media, OTTs, gaming, Artificial Intelligence (AI), and Ad-tech intermediaries
• Regulations for emerging technologies like AI, Internet of Things (IoT), blockchain, and deep tech 
• Algorithmic transparency on social media platforms

This should be achieved through adjudicatory and appellate mechanisms for digital operators, updated intermediary framework, and obligations on significant digital operators by classifying them or creating new mandates, the proposal adds. Additionally, algorithmic transparency and periodic risk assessments by digital entities may also be considered for increased accountability.

The document also states that the adjudicatory mechanism in the new Bill should be easily accessible and deliver timely remedies to citizens. It adds that the Bill should also attempt to create a framework to resolve cyber disputes, develop a unified cyber jurisprudence, and enforce the rule of law online.

The presentation provides a potential index of the proposed Bill, which comprises components such as digital government, open internet, online safety and trust including user harm, intermediaries, accountability, regulatory framework, emerging technologies, risks and guard rails.

According to goals of the DIA proposed by the government, the new law should evolve through rules that can be updated, and address the tenets of Digital India. This includes open internet, online safety and trust, accountability and quality of service, adjudicatory mechanism, and new technologies.

“For the first-time design, architecture and goals of a Bill are being discussed with stakeholders at its pre-introduction stage. These consultations are part of the Digital India Dialogues, in line with Prime Minister Narendra Modi’s consultative approach to law and policy making,” MeitY said on Friday.

The ministry conducted the first round of consultations in Bengaluru on Thursday.