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Data has become a critical asset for the advancement of a nation’s economic, social, and technological development. India’s emergence as a global digital economy hub makes it necessary to create a robust framework that addresses the challenges and opportunities of digital transformation. The Indian government introduced the Draft National Data Governance Framework Policy in 2022, aiming to create a comprehensive data handling and governance framework. This policy draft addresses key challenges in data management, privacy, and digital economy growth.  As per the recent media reports, the Draft National Data Governance Policy so prepared is under the finalisation stage, the government specified in its implementation document for the Budget 2023-24 announcement. The policy also aims to address the country's AI adoption and the issue of lack of datasets by providing widespread access to anonymized data.

Background and Need for the Policy

India has a robust digital economy with its adoption of the Digital India Initiative, Aadhaar digital identification, UPI for seamless payments and many more. In India, 751.5 million people connect to the internet, and is home to 462.0 million social media users in January 2024, equivalent to 32.2% of its total population (Data Reportal 2024). This has brought challenges including data privacy concerns, cybersecurity threats, digital exclusion, and a need for better regulation frameworks. To overcome them, the Draft National Data Governance Policy has been designed to provide institutional frameworks for data rules, standards, guidelines, and protocols for the sharing of non-personal data sets in a manner that ensures privacy, security, and trust so that they remain secure, transparent, and accountable.

Objectives omphasizesf the Framework 

The objective of the Framework Policy is to accelerate Digital Governance in India. The framework will standardize data management and security standards across the Government. It will promote transparency, accountability, and ownership in Non-Personal data and dataset access and build a platform to receive and process data requests. It will also set quality standards and promote the expansion of the datasets program and overall non-personal ecosystem. Further, it aims to build India’s digital government goals and capacity, knowledge, and competency in Government departments and entities. All this would be done while ensuring greater citizen awareness, participation, and engagement. 

Key Provisions of the Draft Policy 

The Draft Framework Policy aims to establish a cohesive digital governance ecosystem in India that balances the need for data utilization with protecting citizens' privacy rights. It sets up an institutional framework of the "India Data Management Office (IDMO) set up under the Digital India Corporation (DIC) which will be responsible for developing rules, standards, and guidelines under this Policy. 

The key provisions of the framework policy include: 

• Promoting interoperability among government digital platforms, ensuring data privacy through data anonymization and security, and enhancing citizen access to government services through digital means. 
• The policy e the creation of unified digital IDs, a standardisation in digital processes, and data-sharing guidelines across ministries to improve efficiency. 
• It also focuses on building digital infrastructure, such as cloud services and data centres in order to support e-governance initiatives. 
• Furthermore, it encourages public-private partnerships and sets guidelines for accountability and transparency in digital governance.

Implications and Concerns of the Framework 

• The policy potentially impacts data sharing in India as it mentions data anonymization. The scale of data that would need to be anonymised in India is at a very large scale and it could become a potential challenge to engage in. 
• Data localization and cross-border transfers have raised concerns among global tech companies and trade partners. They argue that such requirements could increase operational costs and hinder cross-border data flows. Striking a balance between protecting national interests and facilitating business operations remains a critical challenge.
• Another challenge associated with the policy is over-data centralization under the IDMO and the potential risks of government overreach in data access.

Key Takeaways and Recommendations

The GDPR in the European Union and the Digital Personal Data Protection Act passed in 2023 in India and many others are the data privacy laws in force in different countries. The policy needs to be aligned with the DPDP Act, 2023 and be updated as per the recent developments. It further needs to maintain transparency over the sharing of data and a user’s control. The policy needs engagement with industry experts, privacy advocates, and civil society to ensure a balance of innovation with privacy and security.

Conclusion

The Draft National Data Governance Framework Policy of 2022 represents a significant stage in shaping India's digital future. It ensures the evolution of data governance evolves alongside technological advancements. The framework policy seeks to foster a robust digital ecosystem that benefits citizens, businesses, and the government alike by focusing on the essentials of data privacy, transparency, and security. However, achieving this vision requires addressing concerns like data centralisation, cross-border data flows, and maintaining alignment with global privacy standards. Continued engagement with stakeholders and necessary updates to the draft policy will be crucial to its success in balancing innovation with user rights and data integrity. The final version of the policy is expected to be released soon.

References

• https://meity.gov.in/writereaddata/files/National-Data-Governance-Framework-Policy.pdf
• https://datareportal.com/?utm_source=DataReportal&utm_medium=Country_Article_Hyperlink&utm_campaign=Digital_2024&utm_term=India&utm_content=Home_Page_Link
• https://www.imf.org/en/Publications/fandd/issues/2023/03/data-by-people-for-people-tiwari-packer-matthan
• https://inc42.com/buzz/draft-national-data-governance-policy-under-finalisation-centre/  
• https://legal.economictimes.indiatimes.com/news/industry/government-unveiled-national-data-governance-policy-in-budget-2023/97680515

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Introduction

Over-the-Top (OTT) streaming platforms have become a significant part of Indian entertainment consumption, offering users the ability to watch films, web series, and short-format videos directly online. These platforms operate on a subscription-based model, allowing for creative freedom, but they also lack clear accountability. On certain platforms, some content has been criticised for focusing on sensational or sexually explicit themes, particularly targeting young viewers seeking risqué entertainment. Such applications lack strong age verification mechanisms and offer ‘user access’ with minimal restrictions, which raises serious concerns about exposure to obscene content. This has triggered serious concerns among regulators, civil society organisations, advocacy and parental groups about the accessibility of such material and its potential influence, especially on minors.

Blocking order issued by the Ministry of Broadcasting and Information (MIB)

On 23rd July 2025, the Government of India, invoking powers under the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, has issued a ‘blocking order’ against 25 OTT platforms. A total of 26 websites and 14 mobile applications of the said OTT platforms were on the list, including several prominent OTT platforms for alleged distribution of obscene, vulgar and pornographic content in some cases.  This regulatory action follows previous statutory advice and repeated warnings to the platforms in question, some of which continued to operate through new domains and disobeyed Indian laws and regulations. 

This action was taken by the Ministry of Broadcasting and Information (MIB) in consultation with Ministry of Home Affairs, Ministry of Women and Child Development, Ministry of Electronics and Information Technology, Department of Legal Affairs, industry bodies and experts in the field of women rights and child rights.

The list of OTT Platforms covered under the said ‘Blocking Order’

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The list includes - Big Shots App, Desiflix, Boomex, NeonX VIP, Navarasa Lite, Gulab App, Kangan App, Bull App, ShowHit, Jalva App, Wow Entertainment, Look Entertainment, Hitprime, Fugi, Feneo, ShowX, Sol Talkies, Adda TV, ALTT, HotX VIP, Hulchul App, MoodX, Triflicks, Ullu, and Mojflix. 

The government has explicitly directed Internet Service Providers (ISP’s) to disable or remove public access to these websites within India.

Recent Judicial and Centre’s Interventions

• To refresh the memory, last year in March 2024, the Ministry of I&B blocked 18 OTT Platforms for Obscene and Vulgar Content. 
• In April 2025, the Apex Court of India heard a petition on the prohibition of streaming of sexually explicit content on over-the-top (OTT) and social media platforms. In response to the petition, the Apex court stated, ‘It's not our domain, the centre has to take action and highlighted the need for executive action in the matter. The apex court has also issued notice to the Centre, OTT platforms, as well as social media platforms in response to a petition seeking a ban on sexually explicit content. (Uday Mahurkar & Ors. v. Union of India & Ors. [WP(C) 313/2025])
• The following recent blocking order dated 23rd July 2025 by the Ministry of I&B is a welcome and commendable step that reflects the government’s firm stance against illicit content on OTT platforms. Kangana Ranaut, Actress and politician, while speaking to a news agency, has appreciated the government's move to ban OTT platforms such as Ullu, ALTT, and Desiflix for showing soft porn content.

Conclusion

The centre’s intervention sends a clear message that OTT platforms cannot remain exempt from accountability. The move is a response to the growing concern of harms caused by unregulated digital content and non-compliances by the platforms, particularly in relation to illicit material, and broader violations of decency laws in India. However, the enforcement must now go beyond issuing orders and require a robust measurable compliance framework for OTT platforms. 

In today’s fast-paced era, when subscription-based content platforms place vast libraries at users' fingertips, the government's action is necessary and proportionate, marking a decisive step toward safer digital and healthy regulated environments.

References

• https://www.newsonair.gov.in/govt-bans-25-ott-websites-apps-over-vulgar-and-pornographic-content/
• https://timesofindia.indiatimes.com/technology/tech-news/big-shots-ullu-altt-desiflix-mojflix-and-20-other-ott-apps-banned-what-governments-ban-order-says/articleshow/122918803.cms
• https://www.ndtv.com/india-news/centre-bans-ott-platforms-ullu-altt-desiflix-for-obscene-content-8947100
• https://foxmandal.in/News/sc-takes-note-of-obscenity-plea-issues-notice-to-ott-platforms/
• https://www.morungexpress.com/kangana-ranaut-calls-banning-ott-platforms-for-soft-porn-content-a-much-appreciated-move
• https://www.livemint.com/news/india/do-something-supreme-court-to-centre-ott-platforms-on-obscene-content-pil-netflix-amazon-prime-ullu-altt-x-facebook-11745823594972.html

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Introduction 

The geographical world has physical boundaries, but the digital one has a different architecture and institutions are underprepared when it comes to addressing cybersecurity breaches. Cybercrime, which may lead to economic losses, privacy violations, national security threats and have psycho-social consequences,  is forecast to continuously increase between 2024 and 2029, reaching an estimated cost of at least 6.4 trillion U.S. dollars (Statista). As cyber threats become persistent and ubiquitous, they are becoming a critical governance challenge. Lawmakers around the world need to collaborate on addressing this emerging issue.

Cybersecurity Governance and its Structural Elements

Cybersecurity governance refers to the strategies, policies, laws, and institutional frameworks that guide national and international preparedness and responses to cyber threats to governments, private entities, and individuals. Effective cybersecurity governance ensures that digital risks are managed proactively while balancing security with fundamental rights like privacy and internet freedom. It includes, but is not limited to :

1. Policies and Legal Frameworks: Laws that define the scope of cybercrime, cybersecurity responsibilities, and mechanisms for data protection. Eg: India’s National Cybersecurity Policy (NCSP) of 2013, Information Technology Act, 2000, and Digital Personal Data Protection Act, 2023, EU’s Cybersecurity Act (2019), Cyber Resilience Act (2024), Cyber Solidarity Act (2025), and NIS2 Directive (2022), South Africa’s Cyber Crimes Act (2021), etc.
2. Regulatory Bodies: Government agencies such as data protection authorities, cybersecurity task forces, and other sector-specific bodies. Eg: India’s Computer Emergency Response Team (CERT-In), Indian Cyber Crime Coordination Centre (I4C), Europe’s  European Union Agency for Cybersecurity (ENISA), and others.
3. Public-Private Knowledge Sharing: The sharing of the private sector’s expertise and the government’s resources plays a crucial role in improving enforcement and securing critical infrastructure. This model of collaboration is followed in the EU, Japan, Turkey, and the USA. 
4. Research and Development: Apart from the technical, the cyber domain also includes military, politics, economy, law, culture, society, and other elements. Robust, multi-sectoral research is necessary for formulating international and regional frameworks on cybersecurity. 

Challenges to Cybersecurity Governance 

Governments face several challenges in securing cyberspace and protecting critical assets and individuals despite the growing focus on cybersecurity. This is because so far the focus has been on cybersecurity management, which, considering the scale of attacks in the recent past, is not enough. Stakeholders must start deliberating on the aspect of governance in cyberspace while ensuring that this process is multi-consultative. (Savaş & Karataş 2022). Prominent challenges which need to be addressed are: 

• Dynamic Threat Landscape: The threat landscape in cyberspace is ever-evolving.  Bad actors are constantly coming up with new ways to carry out attacks, using elements of surprise, adaptability, and asymmetry aided by AI and quantum computing. While cybersecurity measures help mitigate risks and minimize damage, they can’t always provide definitive solutions. E.g., the pace of malware development is much faster than that of legal norms, legislation, and security strategies for the protection of information technology (IT). (Efe and Bensghir 2019).
• Regulatory Fragmentation and Compliance Challenges: Different countries, industries, or jurisdictions may enforce varying or conflicting cybersecurity laws and standards, which are still evolving and require rapid upgrades. This makes it harder for businesses to comply with regulations, increases compliance costs, and jeopardizes the security posture of the organization. 
• Trans-National Enforcement Challenges: Cybercriminals operate across jurisdictions, making threat intelligence collection, incident response, evidence-gathering, and prosecution difficult.  Without cross-border agreements between law enforcement agencies and standardized compliance frameworks for organizations, bad actors have an advantage in getting away with attacks. 
• Balancing Security with Digital Rights: Striking a balance between cybersecurity laws and privacy concerns (e.g., surveillance laws vs. data protection) remains a profound challenge,  especially in areas of CSAM prevention and identifying terrorist activities. Without a system of checks and balances, it is difficult to prevent government overreach into domains like journalism, which are necessary for a healthy democracy, and Big Tech’s invasion of user privacy. 

The Road Ahead: Strengthening Cybersecurity Governance 

All domains of human life- economy, culture, politics, and society- occur in digital and cyber environments now. It follows naturally, that governance in the physical world translates into governance in cyberspace. It must be underpinned by features consistent with the principles of openness, transparency, participation, and accountability, while also protecting human rights. In cyberspace, the world is stateless and threats are rapidly evolving with innovations in modern computing. Thus, cybersecurity governance requires a global, multi-sectoral approach utilizing the rules of international law, to chart out problems, and solutions, and carry out detailed risk analyses. (Savaş & Karataş 2022). 

References

• https://www.statista.com/forecasts/1280009/cost-cybercrime-worldwide#statisticContainer
• https://link.springer.com/article/10.1365/s43439-021-00045-4#citeas 
• https://digital-strategy.ec.europa.eu/en/policies/cybersecurity-policies#ecl-inpage-cybersecurity-strategy 

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