Digital safety of citizens is must and ought to be ensured by the government. As per the central government, its policies are aimed at ensuring an Open, Safe and Trusted and Accountable Internet for all digital citizens. Safety and Trust will in turn ensure digital safety of users. The Information Technology Act, 2000 (IT Act) and rules made thereunder contain several provisions for safeguarding Digital citizens from digital crimes.
The IT Act penalises various offences relating to computer resources, including tampering with computer source documents (section 65), dishonestly or fraudulently damaging computer system (section 66), identity theft (section 66C), cheating by impersonation (section 66D), etc. In addition to such general provisions regarding cyber offences, it also provides for various offences that serve to secure the digital space for women, e.g., violation of bodily privacy (section 66E), transmitting of obscene material (section 67), and publishing or transmission of material containing sexually explicit act in electronic form (section 67A and 67B). These offences are in addition to various penal provisions under the Indian Penal Code, such as the offence of stalking using electronic communication (section 354D). Further, the Central Government, in exercise of powers conferred by IT Act, has notified the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021(IT Rules, 2021).
These new rules cast specific obligation on intermediaries vis-à-vis what kind of information is to be hosted, displayed, uploaded, published, transmitted, stored or shared. Intermediaries are also required to remove any content violative of any law for the time being in force as and when brought to their knowledge either through a court order or through a notice by appropriate government or its authorised agency. In case of failure to follow diligence as provided in the IT Rules, 2021, by intermediaries, they shall lose their exemption from liability under section 79 of the IT Act and shall be liable for consequential action as provided in such law. Further, in case an intermediary is a significant social media intermediary (an intermediary having more than 50 lakh registered users in India), to additionally observe due diligence in terms of appointing, in India, a Grievance Officer, a Chief Compliance Officer and a nodal contact person for 24×7 coordination with law enforcement agencies. As per the IT Rules, 2021, the Chief Compliance Officer is responsible for ensuring compliance with the IT Act and the rules made thereunder. While laws are there, their compliance in letter and spirit must be ensured by the concerned agencies.
