Digital India Bill- Turning to Reality

Mr. Abhishek Singh

Lead – Policy and Advocacy

PUBLISHED ON

Mar 13, 2023

Introduction

Mr Rajeev Chanderashekhar, MoS, Ministry of Electronics and Information Technology, on 09 March 2023, held a stakeholder consultation on the Digital India Bill. This bill will be the successor to the Information technology Act 2000 and provide a set of regulations and laws which will govern cyberspace in times to come. The consultation was held in Bangalore and was the first of many such consultations where the Digital India bill is to be discussed. These public stakeholder consultations will provide direct public feedback to the ministry, and this will help create a safe and secure ecosystem of Indian Cyber Laws.

What is the Digital India Act?

Cyberspace has evolved the fastest as compared to any other industry, and the evolution of the growth cannot be presumed to be stagnant or stuck as we see new technologies and gadgets being invented all across the globe. The ease created by using technology has changed how we live and function. However, bad actors often use these advantages or fruits of technology to wreak havoc upon the nation’s cyberspace. The use of technology is always governed by the application of usage and safeguard policies and laws. As technology is growing exponentially, it is pertinent that we have laws which are in congruence with today’s time and technology. This is keenly addressed by the Digital India Act, which will be the legislation governing Indian Cyberspace in times to come. This was the need of the hour in order to have the judiciary, legislature and law enforcement agencies ahead of the curve when it comes to cyber crimes and laws.

What is the Digital India Bill’s primary goal?

The Digital India Bill’s goal is to guarantee an institutional structure for accountability and that the internet in India is accessible, unhindered by user harm or criminal activity. The law will apply to new technologies, algorithmic social media platforms, artificial intelligence, user risks, the diversity of the internet, and the regulation of intermediaries. The diversity of the internet, user hazards, artificial intelligence, social media platforms, and intermediary regulation are all discussed.

Why is the Digital India Bill necessary?

The number of internet users in the country currently exceeds 760 million; in the upcoming years, this number will reach 1.2 billion. Despite the fact that the internet is useful and promotes connectivity, there are a number of user damages nearby. Thus, it is crucial to enact legislation to set forth new guidelines for individuals’ rights and responsibilities and mention the requirement to gather data.

Major Elements of the Digital India Act

Major Elements of the Digital India Bill, which will eventually become an Act, which will contribute massively towards a safe cyber-ecosystem, some of these elements aim towards the following-

The legislation attempts to establish an internet regulator.
Women and Child safety.
Safe harbour for intermediaries.
The right of the individual to secure his information and the requirement to utilise personal data for legal purposes provide the main obstacles to data protection or regulation. The law tries to deal with this difficulty.
A limit will be placed on how far a person’s personal information can be accessed for legal reasons.
The majority of the bill’s characteristics are contrasted with the EU’s General Data Protection Regulation.

The Way Ahead

As we ride the wave of developments in cyberspace regarding emerging technologies and automated gadgets, it becomes pertinent that the state takes due note of such technologies and the courts take cognisance of offences committed by using technology. Law enforcement agencies must also train police personnel who can effectively and efficiently investigate cybercrime cases. The ministry also released a few bills last year, such as – the Telecommunication Bill, 2022, Intermediary Rules and the Digital Personal Data Protection Bill, 2022, to better address the shortcomings and the issues in cyberspace and how to safeguard the netizens. The Digital India Act will essentially create a synergy between the current bills and the new ones to come in order to create a wholesome, safe and secure Indian cyber ecosystem.

Conclusion

Digital India Bill is necessary to address the challenges of cyberspace, like personal data and privacy, and policies related to online child and women safety to create a and create a modern and comprehensive legal framework that aligns with global standards of cyber laws. The draft of the bill is expected to come out by July. The ministry looks forward to maximising the impact of the bill through such continuous and effective public consultation to understand and fulfil the expectations and requirements of the Indian netizen, thus empowering him/her equivalent to the netizen of a developed country.

PUBLISHED ON

Mar 13, 2023

Related Blogs

Broadcasting Services (Regulation) Bill, 2024

August 9, 2024

Introduction

India's broadcasting sector has undergone significant changes in recent years with technological advancements such as the introduction of new platforms like Direct-to-Home (DTH), Internet Protocol television (IPTV), Over-The-Top (OTT), and integrated models. Platform changes, emerging technologies and advancements in the advertising space have all necessitated the need for new governing laws that take these developments into account.

The Union Government and concerned ministry have realised there is a pressing need to develop a robust regulatory framework for the Indian broadcasting sector in the country and consequently, a draft Broadcasting Services (Regulation) Bill, 2023, was released in November 2023 and the Union Ministry of Information and Broadcasting (MIB) had invited feedback and comments from different stakeholders. The draft Bill aims to establish a unified framework for regulating broadcasting services in the country, replacing the current Cable Television Networks (Regulation) Act, 1995 and other policy guidelines governing broadcasting.

Recently a new draft of an updated ‘Broadcasting Services (Regulation) Bill, 2024,’ was shared with selected broadcasters, associations, streaming services, and tech firms, each marked with their identifier to prevent leaks.

Key Highlights of the Updated Broadcasting Bill

As per the recent draft of the Broadcasting Services (Regulation) Bill, 2024, social media accounts could be identified as ‘Digital News Broadcasters’ and can be classified within the ambit of the regulation. Some of the major aspects of the new bill were first reported by Hindustan Times.

The new draft of the Broadcasting Services (Regulation) Bill, 2024, proposes that individuals who regularly upload videos to social media, make podcasts, or write about current affairs online could be classified as Digital News Broadcasters. This entails that YouTubers and Instagrammers who receive a share of advertising revenue or monetize their social media presence through affiliate activities will be regulated as Digital News Broadcasters. This includes channels, podcasts, and blogs that cover news and utilise Google AdSense. They must comply with a Programme Code and Advertising Code.

Online content creators who do not provide news or current affairs but provide programming and curated programs beyond a certain threshold will be treated as OTT broadcasters in case they provide content licensed or live through a website or social media platform.

The new version also introduces new obligations for intermediaries and social media intermediaries related to streaming services and digital news broadcasters, and, in contrast to the last version circulated in 2023, the latest also carries provisions targeting online advertising. In the context of streaming services, OTT broadcasting services are no longer a part of the definition of "internet broadcasting services." The definition of OTT broadcasting service has also been revised, allowing content creators who regularly upload their content to social media to be considered as OTT broadcasting services.

The new definition of an 'intermediary' includes social media intermediaries, advertisement intermediaries, internet service providers, online search engines, and online marketplaces.

The new Bill allows the government to prescribe different due diligence guidelines for social media platforms and online advertisement intermediaries and requires all intermediaries to provide appropriate information, including information pertaining to the OTT broadcasters and Digital News Broadcasters on their platform, to the central government to ensure compliance with the act. This entails the liability provisions for social media intermediaries which do not provide information “pertaining to OTT Broadcasters and Digital News Broadcasters” on its platforms for compliance. This suggests that when information is sought about a YouTube, Instagram or X/Twitter user, the platform will need to provide this information to the Indian government.

A new draft bill contains specific provisions governing ‘Online Advertising’ and to do so it creates the category of 'advertising intermediaries'. These intermediaries enable the buying or selling of advertisement space on the internet or placing advertisements on online platforms without endorsing the advertisement.

Final Words

The Indian Ministry of Information and Broadcasting (MIB) is making efforts to propose robust regulatory changes to the country's new-age broadcast sector, which would cover the specific provisions for Digital News Broadcasters, OTT Broadcasters and Intermediaries. The proposed bill defining the scope and obligation of each.

However, these changes will have significant implications for press and creative freedom. The changes in the new version of the updated bill from its previous draft expanded the applicability of the bill to a larger number of key actors, this move brought ‘content creators’ under the definition of OTT or digital news broadcasters, which raises concerns about overly rigid provisions and might face criticism from media representative perspectives.

According to recent media reports, the Broadcasting Services (Regulation) Bill, 2024 version has been withdrawn by the I&B ministry facing criticism from relevant stakeholders.

The ministry must take due consideration and feedback from concerned stakeholders and place reliance on balancing individual rights while promoting a healthy regulated landscape considering the needs of the new-age broadcasting sector.

References:

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Harnessing AI for Operational Efficiency: Policy Pathways to Sustainable Advantage

January 30, 2025

A report by MarketsandMarkets in 2024 showed that the global AI market size is estimated to grow from USD 214.6 billion in 2024 to USD 1,339.1 billion in 2030, at a CAGR of 35.7%. AI has become an enabler of productivity and innovation. A Forbes Advisor survey conducted in 2023 reported that 56% of businesses use AI to optimise their operations and drive efficiency. Further, 51% use AI for cybersecurity and fraud management, 47% employ AI-powered digital assistants to enhance productivity and 46% use AI to manage customer relationships.

AI has revolutionised business functions. According to a Forbes survey, 40% of businesses rely on AI for inventory management, 35% harness AI for content production and optimisation and 33% deploy AI-driven product recommendation systems for enhanced customer engagement. This blog addresses the opportunities and challenges posed by integrating AI into operational efficiency.

Artificial Intelligence and its resultant Operational Efficiency

AI has exemplary optimisation or efficiency capabilities and is widely used to do repetitive tasks. These tasks include payroll processing, data entry, inventory management, patient registration, invoicing, claims processing, and others. AI use has been incorporated into such tasks as it can uncover complex patterns using NLP, machine learning, and deep learning beyond human capabilities. It has also shown promise in improving the decision-making process for businesses in time-critical, high-pressure situations.

AI-driven efficiency is visible in industries such as the manufacturing industry for predictive maintenance, in the healthcare industry for streamlining diagnostics and in logistics for route optimisation. Some of the most common real-world examples of AI increasing operational efficiency are self-driving cars (Tesla), facial recognition (Apple Face ID), language translation (Google Translate), and medical diagnosis (IBM Watson Health)

Harnessing AI has advantages as it helps optimise the supply chain, extend product life cycles, and ultimately conserve resources and cut operational costs.

Policy Implications for AI Deployment

Some of the policy implications for development for AI deployment are as follows:

Develop clear and adaptable regulatory frameworks for the ongoing and future developments in AI. The frameworks need to ensure that innovation is not hindered while managing the potential risks.
As AI systems rely on high-quality data that is accessible and interoperable to function effectively and without proper data governance, these systems may produce results that are biased, inaccurate and unreliable. Therefore, it is necessary to ensure data privacy as it is essential to maintain trust and prevent harm to individuals and organisations.
Policy developers need to focus on creating policies that upskill the workforce which complements AI development and therefore job displacement.
To ensure cross-border applicability and efficiency of standardising AI policies, the policy-makers need to ensure that international cooperation is achieved when developing the policies.

Addressing Challenges and Risks

Some of the main challenges that emerge with the development of AI are algorithmic bias, cybersecurity threats and the dependence on exclusive AI solutions or where the company retains exclusive control over the source codes. Some policy approaches that can be taken to mitigate these challenges are:

Having a robust accountability mechanism.
Establishing identity and access management policies that have technical controls like authentication and authorisation mechanisms.
Ensure that the learning data that AI systems use follows ethical considerations such as data privacy, fairness in decision-making, transparency, and the interpretability of AI models.

Conclusion

AI can contribute and provide opportunities to drive operational efficiency in businesses. It can be an optimiser for productivity and costs and foster innovation for different industries. But this power of AI comes with its own considerations and therefore, it must be balanced with proactive policies that address the challenges that emerge such as the need for data governance, algorithmic bias and risks associated with cybersecurity. A solution to overcome these challenges is establishing an adaptable regulatory framework, fostering workforce upskilling and promoting international collaborations. As businesses integrate AI into core functions, it becomes necessary to leverage its potential while safeguarding fairness, transparency, and trust. AI is not just an efficiency tool, it has become a stimulant for organisations operating in a rapidly evolving digital world.

References

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The UNESCO Plan for Countering Misinformation

August 31, 2024

Introduction

Misinformation is rampant all over the world and impacting people at large. In 2023, UNESCO commissioned a survey on the impact of Fake News which was conducted by IPSOS. This survey was conducted in 16 countries that are to hold national elections in 2024 with a total of 2.5 billion voters and showed how pressing the need for effective regulation had become and found that 85% of people are apprehensive about the repercussions of online disinformation or misinformation. UNESCO has introduced a plan to regulate social media platforms in light of these worries, as they have become major sources of misinformation and hate speech online. This action plan is supported by the worldwide opinion survey, highlighting the urgent need for strong actions. The action plan outlines the fundamental principles that must be respected and concrete measures to be implemented by all stakeholders associated, i.e., government, regulators, civil society and the platforms themselves.

The Key Areas in Focus of the Action Plan

The focus area of the action plan is on the protection of the Freedom of Expression while also including access to information and other human rights in digital platform governance. The action plan works on the basic premise that the impact on human rights becomes the compass for all decision-making, at every stage and by every stakeholder. Groups of independent regulators work in close coordination as part of a wider network, to prevent digital companies from taking advantage of disparities between national regulations. Moderation of content as a feasible and effective option at the required scale, in all regions and all languages.

The algorithms of these online platforms, particularly the social media platforms are established, but it is too often geared towards maximizing engagement rather than the reliability of information. Platforms are required to take on more initiative to educate and train users to be critical thinkers and not just hopers. Regulators and platforms are in a position to take strong measures during particularly sensitive conditions ranging from elections to crises, particularly the information overload that is taking place.

Key Principles of the Action Plan

Human Rights Due Diligence: Platforms are required to assess their impact on human rights, including gender and cultural dimensions, and to implement risk mitigation measures. This would ensure that the platforms are responsible for educating users about their rights.
Adherence to International Human Rights Standards: Platforms must align their design, content moderation, and curation with international human rights standards. This includes ensuring non-discrimination, supporting cultural diversity, and protecting human moderators.
Transparency and Openness: Platforms are expected to operate transparently, with clear, understandable, and auditable policies. This includes being open about the tools and algorithms used for content moderation and the results they produce.
User Access to Information: Platforms should provide accessible information that enables users to make informed decisions.
Accountability: Platforms must be accountable to their stakeholders which would include the users and the public, which would ensure that redressal for content-related decisions is not compromised. This accountability extends to the implementation of their terms of service and content policies.

Enabling Environment for the application of the UNESCO Plan

The UNESCO Action Plan to counter misinformation has been created to create an environment where freedom of expression and access to information flourish, all while ensuring safety and security for digital platform users and non-users. This endeavour calls for collective action—societies as a whole must work together. Relevant stakeholders, from vulnerable groups to journalists and artists, enable the right to expression.

Conclusion

The UNESCO Action Plan is a response to the dilemma that has been created due to the information overload, particularly, because the distinction between information and misinformation has been so clouded. The IPSOS survey has revealed the need for an urgency to address these challenges in the users who fear the repercussions of misinformation.

The UNESCO action plan provides a comprehensive framework that emphasises the protection of human rights, particularly freedom of expression, while also emphasizing the importance of transparency, accountability, and education in the governance of digital platforms as a priority. By advocating for independent regulators and encouraging platforms to align with international human rights standards, UNESCO is setting the stage for a more responsible and ethical digital ecosystem.

The recommendations include integrating regulators through collaborations and promoting global cooperation to harmonize regulations, expanding the Digital Literacy campaign to educate users about misinformation risks and online rights, ensuring inclusive access to diverse content in multiple languages and contexts, and monitoring and refining tech advancements and regulatory strategies as challenges evolve. To ultimately promote a true online information landscape.

Digital India Bill- Turning to Reality

Introduction

What is the Digital India Act?

What is the Digital India Bill’s primary goal?

Why is the Digital India Bill necessary?

Major Elements of the Digital India Act

The Way Ahead

Conclusion

Related Blogs

Introduction

Key Highlights of the Updated Broadcasting Bill

Final Words

References:

‍

Artificial Intelligence and its resultant Operational Efficiency

Policy Implications for AI Deployment

Addressing Challenges and Risks

Conclusion

References

Introduction

The Key Areas in Focus of the Action Plan

Key Principles of the Action Plan

Enabling Environment for the application of the UNESCO Plan

Conclusion

Reference

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