A Brief Study on Changes in Information Technology Act

Introduction

Information Technology law plays a crucial role in shaping the legal framework for electronic information in the global market. Attorneys specializing in this field represent individuals and businesses from diverse industries, facilitating Information Technology transactions that enhance economic benefits while ensuring regulatory compliance. When legal disputes arise in the realm of information technology, the expertise of these lawyers can be invaluable. They possess a unique ability to translate technical standards to a judge or jury and often have valuable industry connections. However, information technology law is a specialized area, and selecting a lawyer with the right background is essential.

What Is Information Technology Law?

Information Technology law contributes to the legal structure for accumulating, circulating, and storing electronic information in the universal marketplace. Attorneys rehearsing in this area of law represent individuals and businesses from all distinct industries. They assist the formation of Information Technology transaction in a way that accelerate costumer’s economic benefits while securing regulatory compliance. When an argument emerges in the province of information technology that is not possible to rectify without the court system and legal action, a legal professional that specializes in those varieties of instances can show effective advice as compared to a preferred prison practitioner. Information technology law companies tend to lease attorneys with empirical experience working in the firm before launching into the legal profession. With this type of background, a lawyer is extra powerful at explaining technical standards to a judge or jury, and he or she will probably have contacts within the enterprise that make finding consultants and professional witnesses much less difficult. Information technology law is a spot practice. Those trying to lease a lawyer ought to undergo this in mind.

What Are the New Rules of Information Technology?

According to the new information technology rules 2021, (Guidelines for Intermediaries and Digital Media Ethics Code), the self-regulating body will be a liberated body, to be created with the aid of using such publishers or their associations. This organization will remember humans of various ethnicity and extraordinary religions of India and will work with warning and restraint even as highlighting the activities, beliefs, execution, or thoughts of any racial or non-secular group.

The Ministry of Electronics and Information Technology will work intently with such self-ruling bodies and make sure that the Code of Ethics is observed properly. The relevant entity or self- regulating frame shall now no longer transmit, submit or transmit any content material that is objectionable below any law. Whatever matter is being published, it needs to be saved in thoughts the sovereignty and integrity of India.

The categories of social media intermediaries are based on the number of users that are on the social media platform. These intermediaries have been divided into two specific groups and those are (1) Social media intermediaries and (2) Significant social media intermediaries.

There is a grievance officer to resolve all the complaints which are on social media within 15 days. Due diligence is supposed to be followed by intermediaries and in the case, due diligence is not followed by the intermediaries then safe harbor provision will not bid onto them.

Highlights of Information Technology Rules:

Now if any objectionable content material is placed on social media together with Facebook or Twitter, then it must be eliminated within a time restriction of 24 hours after the authority’s order. The primary authority has organized a three-tier regulatory framework to find a solution for the complex. Three-Tier Structure (Level 1 ) Self-Regulation via way of means of Applicable Entity (Level 2) Self-Regulation of Self-Regulating Body of Applicable Entity (Level 3) Overseas Mechanism via way of means of the Central Government.

Content that impacts the sovereignty and integrity of a country, content material that could be a danger or danger to the safety of the state, content material that is dangerous to India’s allied relation cannot be shown. The government’s new law caution online material platform now no longer to affect the sovereignty and integrity of the country.

OTT Platform:

OTT (Over-The-Top) platforms have introduced a content classification system that helps viewers make informed choices about the content they consume. Here’s a breakdown of the classification and age verification mechanisms:

1. Content Classification:

• • U (Universal): Content suitable for all age groups. It contains no explicit or sensitive material and is appropriate for general audiences.
  • U/A 7+ (years): Content suitable for viewers aged 7 and above. It may contain mild violence or themes that require parental guidance for younger viewers.
  • U/A 13+: Content suitable for viewers aged 13 and above. It may include stronger themes, moderate violence, or mature content that may not be suitable for younger audiences.
  • U/A 16+: Content intended for viewers aged 16 and above. It may contain intense violence, adult themes, and more mature content.
  • A (Adult): Content restricted to adult viewers (typically 18 and above). It may include explicit violence, sexual content, or strong language.

2. Age Verification Mechanism for A (Adult) Content:

• • For content classified as “A” (Adult), platforms often implement age verification mechanisms. These mechanisms may include requiring viewers to confirm their age by providing proof of identity or using credit card details to confirm adulthood. This additional step ensures that only adults can access such content.

3. Parental Locks for U/A 13+ and Above:

• • Content classified as “U/A 13+” and above usually comes with parental control or parental lock features. These features allow parents or guardians to set a PIN or password to restrict access to age-inappropriate content. It helps in ensuring that younger viewers are not exposed to content that may not be suitable for their age group.

These content classifications and age verification mechanisms are designed to provide a safer and more responsible viewing experience on OTT platforms. They empower viewers to make choices aligned with their preferences and values while enabling parents to control what content their children can access. This system reflects the commitment of OTT platforms to responsible content distribution.

Digital News:

Digital news platforms in India are expected to adhere to regulatory guidelines and ethical standards to ensure responsible and accurate reporting. Here’s how they are regulated:

1. Press Council of India (PCI): Digital news platforms are expected to follow the norms and guidelines set by the Press Council of India (PCI). The PCI is an autonomous and quasi-judicial body that oversees and regulates the conduct and ethics of the print and digital media in India. It ensures that news organizations maintain high journalistic standards, provide accurate information, and uphold the principles of press freedom.

2. Cable TV Networks (Regulation) Act: The Cable TV Networks (Regulation) Act is another legal framework that digital news platforms must adhere to. While the act primarily focuses on cable television, it also has implications for online news content. It outlines guidelines and standards related to the operation of cable television networks and the content they broadcast. Digital news platforms are expected to align their operations with the relevant provisions of this act.

3. Self-Regulatory Body: In addition to statutory regulations, there is a self-regulatory body responsible for overseeing adherence to the code of ethics in digital news reporting. This body often includes representatives from the digital news industry who work together to develop and implement ethical standards. The self-regulatory body plays a crucial role in ensuring that digital news platforms maintain credibility and adhere to responsible journalism practices.

Information Technology Act 2000:

IT Act is a primary law that deals with cyber-crime and electronic commerce. In this act people of other nations and areas can also file a case regarding this if the crime is related to an Indian company. This Act affords a legal framework for digital governance by giving a reputation to digital statistics and virtual signs. This even provides the formation of the controller of certifying government to adjust issuing digital signs. It defines cyber-crime and prescribed penalties established by a cyber appellate tribunal.

Some Important Sections of Information Technology Act:

The Information Technology Act contains several important sections that address various aspects of cybercrime and electronic offenses. Here’s a detailed explanation of each of the mentioned sections:

1. SECTION 65: Tampering with Computer Source Document

• Offense: Tampering with computer source documents, which are essential for the functioning of computer programs.
• Punishment: Imprisonment for a term of up to 3 years and a fine of up to Rs. 2 lakhs.

2. SECTION 66: Hacking with a Computer System

• Offense: Unauthorized access to computer systems with the intent to gain unauthorized control or to cause damage.
• Punishment: Imprisonment for a term of up to 3 years and a fine of up to Rs. 5 lakhs.

3. SECTION 66B: Receiving Stolen Computer or Communication Devices

• Offense: Receiving stolen computer or communication devices, which can facilitate or encourage theft and illegal activities.
• Punishment: Imprisonment for a term of up to 3 years and a fine of up to Rs. 1 lakh.

SECTION 66C: Using the Password of Another Person

• Offense: Unauthorized use of another person’s password to gain access to computer systems or data.
• Punishment: Imprisonment for a term of up to 3 years and a fine of up to Rs. 1 lakh.

4. SECTION 66E: Publishing Private Images Without Consent

• Offense: Publishing, transmitting, or sharing private images of individuals without their consent, often referred to as “revenge porn.”
• Punishment: Imprisonment for a term of up to 3 years and a fine of up to Rs. 2 lakhs.

5. SECTION 67A: Publishing Images Containing Sexual Acts

• Offense: Publishing, transmitting, or sharing explicit sexual content without consent.
• Punishment: Imprisonment for a term of up to 7 years and a fine of up to Rs. 2 lakhs.

6. SECTION 67B: Publishing Child Porn

• Offense: Publishing, transmitting, or sharing explicit material involving minors, commonly known as child pornography.
• Punishment: Imprisonment for a term of up to 5 years and a significant fine of up to Rs. 10 lakhs.

Amendments in Information Technology Act 2000 in 2008:

In 2008, significant amendments were made to the Information Technology Act of 2000. Two notable amendments are as follows:

1. SECTION 66 A: Penalizing Sending of Offensive Messages

This amendment introduced Section 66A, which penalizes the sending of offensive messages through electronic means. It aimed to address the growing concern of offensive and harmful messages being sent via electronic communication channels. Section 66A empowered law enforcement to take action against individuals who sent offensive or harmful messages through various electronic platforms. The provision was added to address cyberbullying, harassment, and other forms of electronic communication that could harm individuals or incite violence.

2. SECTION 69: Authorized Powers for Monitoring and Description of Information

This amendment introduced Section 69, which granted authorized powers to monitor and describe information through any company’s resources. Section 69 aimed to provide the government with legal authority to monitor and access information held by companies or service providers. It was intended to be used for national security and law enforcement purposes. This provision allowed for the interception of electronic communications and access to digital records when authorized by appropriate authorities. It played a crucial role in enabling law enforcement agencies to combat cybercrime and ensure national security.

These amendments reflected the evolving nature of technology and the need to address emerging challenges related to electronic communication and data security. They were important steps in enhancing the legal framework to deal with the complexities of the digital age while balancing individual rights and national security interests.

Major Provisions Under New Information Technology  Rules:

The major provisions under the new Information Technology Rules encompass a range of measures aimed at enhancing digital governance, content regulation, and cybersecurity. Here’s a detailed explanation of each provision:

1. Installing Lively Tracking Devices: This provision entails the implementation of active tracking devices to monitor and remove objectionable or unlawful content from digital platforms. These devices help in swiftly identifying and addressing content that violates established rules and guidelines, promoting a safer online environment.

2. Dependable Flaggers for Unlawful Content: The rules require the presence of reliable flaggers or content moderators. These individuals or entities are responsible for identifying and reporting unlawful or objectionable content. Their role is critical in ensuring that content adheres to legal and ethical standards.

3. Establishment of a 24×7 Support System: A 24×7 support system is put in place to assist law enforcement agencies. This system serves as a responsive mechanism to provide immediate assistance in cases of digital misconduct, cybercrimes, or security threats. It ensures swift action and coordination with relevant authorities.

4. Appointment of Liaison Officers: Liaison officers are appointed across India to facilitate communication and cooperation between digital platforms and law enforcement agencies. These officers play a vital role in expediting information exchange and addressing legal concerns promptly.

5. Tracking Unlawful Content Providers: The rules mandate the tracking of individuals or entities responsible for making unlawful content accessible on digital platforms. This provision helps in identifying the source of objectionable content and holding the responsible parties accountable.

6. Recording Cybersecurity Incidents: Incidents related to cybersecurity are recorded and reported to the Indian Computer Emergency Response Team (CERT-In). This is crucial for analyzing and responding to cyber threats, ensuring the security of digital platforms and user data.

7. Timely Sharing of Information: Digital platforms are required to make information requested by authorized governmental organizations available within 72 hours. This provision ensures efficient cooperation between technology companies and law enforcement agencies, particularly in investigations related to national security and cybercrimes.

Conclusion: The new IT rules cover many aspects as mentioned above in the context but some of the aspects need to be rectified as they violate Article 21 of the Indian Constitution. Regulation has a crucial area in a liberal democracy. However, given a surrounding in which humans are sensitive to content, the regulatory mechanism with a scope of strong authority’s intervention ought to emerge as an operational nightmare and hamper creativity & freedom of expression. In the constitutionality of the new IT rules, the government of India plays a major role in this matter but there is no interference of the supreme authority