Cyber
law due diligence in India (PDF) for Internet Intermediaries is
incorporated in the Information Technology Act 2000 (IT Act 2000).
Section 79 read with Information
Technology (Intermediaries Guidelines) Rules, 2011 (PDF) deals
with cyber law due diligence obligations of Internet Intermediaries
of India.
There has been lots of confusion and protests
against the Internet Intermediary liability applicable to the
Intermediaries. Although internet intermediary liability in India has
been clarified
yet doubts
and problems persisted in this regard. As a result cyber law due
diligence requirements in India is neglected
with impunity.
According to the cyber
law developments of India 2014 provided by Perry4Law
Organisation (P4LO) and Cyber
Crimes Investigation Centre of India (CCICI), some serious cyber
law related issues deserve immediate attention of Indian government.
We were waiting for a positive response from Indian government but
meanwhile the judgment of Shreya
Singhal v. Union of India (24th
March 2015), Writ Petition (Criminal) No.167 Of 2012 (PDF) was
delivered by Indian Supreme Court.
This judgement has come as a big
blow to the cyber law due diligence obligations of Intermediaries
in India. The main problem seems to be reading down of Section 79(3)
(b) and Rule 3(4) By Supreme Court in a manner that would be counter
productive in the long run. In fact, reading down of Section
79(3) (b) and Rule 3(4) is more
problem than solution as the Supreme Court erred
in adopting this approach.
Now it has become necessary for Modi government to
urgently bring suitable
amendments in the IT Act 2000. Unfortunately, Indian Parliament
and Indian government are not capable of enacting effective techno
legal legislations. This is the reason why even the most draconian
and unconstitutional rules are simply approved by Indian Parliament
without any analysis, debate and application of mind. Once approved,
such rules become part of the parent Act and this creates serious law
and order enforcement problems.
Even worst is constitution of authorities and
projects by mere Executive orders. For instance, Aadhaar project is
an unconstitutional
project that has been created by an Executive order. Indian
Parliament has not deemed it fit to dissolve the same and come up
with a robust law in this regard. Supreme Court if India has directed
on multiple occasions that Aadhaar
is not compulsory for government services but Indian government
is not paying any heed towards those directions. Aadhaar has been
made compulsory
by direct and indirect means and very soon even the Aadhaar project
would be declared to be unconstitutional by Indian Supreme Court.
Even Modi government is following the steps of
Congress government and is very indifferent towards ensuring
Parliamentary oversight of various projects and initiatives. For
instance, promising projects like Digital
India and Internet
of Things (IoT) (PDF) are still not governed by any legislative
process. Naturally, there is no accountability and transparency for
these projects as on date. In fact, Digital India project of India is
heading for rough
waters in these circumstances.
Indian cyber law has not been appropriate since its
inception. Too much stress is given to suppress civil liberties and
enhance e-surveillance. However, it has now reached a stage where
immediate steps must be taken to protect civil
liberties in cyberspace on the one hand and projects like Digital
India on the other. This is also the high time to leave politics and
do positive things for Indian masses.
Source: Global
Techno Legal News And Views.
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