Government To Release Digital India Bill In June

The full-fledged draft of the Digital India Bill is expected to be released in the first week of June, Minister of State for Electronics and Information Technology Rajeev Chandrasekhar said in Mumbai on May 23. 

The legislation will regulate a wide gamut of digital services, including social media platforms, as the Central Government is planning to replace India’s internet law, the Information Technology Act 2000. On Tuesday, the second pre-draft consultation took place, and the first was held in March. 

Digital India is a key pillar of the technology regulations, which includes the draft of the Personal Protection Bill, 2022, the Indian Telecommunication Bill, 2022 and the policy of non-personal data governance. 

The Minister also revealed that ‘the government is considering whether online platforms should continue with safe harbour protection or if the provision should become conditional.’ 

Under Section 79 of the IT Act, 2000, intermediaries such as social media platforms enjoy legal immunity against third-party content provided they carry out certain due diligence measures, including taking down content directed by the government. The ‘Safe Harbour’ provision under Section 79 of the IT Act, 2000, states that ‘the intermediary shall not be liable for any third-party information, data, or communication link hosted by the users.’

However, more conditions have been added to the act, and the IT ministers recently said that social media platforms would have to dismiss irrelevant content related to the government. If they fail, they will be liable for that piece of content.

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Taking the changing nature of the platforms into account, the government will also take more action, said Chandrasekhar. He also added that the upcoming law will regulate emerging technologies like ChatGPT from the ‘Prism of user harm.’

The Digital India Bill will also be expected to explore adjudicatory mechanisms, which should be easily accessible, deliver timely solutions, resolve cyber issues effectively and create jurisprudence, the Minister said.