Centre Designates I4C as an Agency to Notify Unlawful Activities in the Cyber World

Mr. Neeraj Soni
Mr. Neeraj Soni
Researcher - Policy & Advocacy, CyberPeace
PUBLISHED ON
Mar 16, 2024
10

Introduction

Indian Cybercrime Coordination Centre (I4C) was established by the Ministry of Home Affairs  (MHA) to provide a framework and eco-system for law enforcement agencies (LEAs) to deal with cybercrime in a coordinated and comprehensive manner. The Indian Ministry of Home Affairs approved a scheme for the establishment of the Indian Cyber Crime Coordination Centre (I4C) in October2018, which was inaugurated by Home Minister Amit Shah in January 2020. I4C is envisaged to act as the nodal point to curb Cybercrime in the country. Recently, on 13th March2024, the Centre designated the Indian Cyber Crime Coordination Centre (I4C) as an agency of the Ministry of Home Affairs (MHA) to perform the functions under the Information Technology Act, 2000, to inform about unlawful cyber activities.

The gazetted notification dated 13th March 2024 read as follows:

“In exercise of the powers conferred by clause (b) of sub-section (3) of section 79 of the Information Technology Act 2000, Central Government being the appropriate government hereby designate the Indian Cybercrime Coordination Centre (I4C), to be the agency of the Ministry of Home Affairs to perform the functions under clause (b) of sub-section (3) of section79 of Information Technology Act, 2000 and to notify the instances of information, data or communication link residing in or connected to a computer resource controlled by the intermediary being used to commit the unlawful act.”

Impact

Now, the Indian Cyber Crime Coordination Centre (I4C) is empowered to issue direct takedown orders under 79(b)(3) of the IT Act, 2000. Any information, data or communication link residing in or connected to a computer resource controlled by any intermediary being used to commit unlawful acts can be notified by the I4C to the intermediary. If an intermediary fails to expeditiously remove or disable access to a material after being notified, it will no longer be eligible for protection under Section 79 of the IT Act, 2000.

Safe Harbour Provision

Section79 of the IT Act also serves as a safe harbour provision for the Intermediaries. The safe harbour provision under Section 79 of the IT Act states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used to commit something unlawful. Furthermore, Intermediaries are also obliged to perform due diligence on their platforms and comply with the rules & regulations and maintain and promote a safe digital environment on the respective platforms.

Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, The government has also mandated that a ‘significant social media intermediary’ must appoint a Chief Compliance Officer (CCO), Resident Grievance Officer (RGO), and Nodal Contact Person and publish periodic compliance report every month mentioning the details of complaints received and action taken thereon.

I4C's Role in Safeguarding Cyberspace

The Indian Cyber Crime Coordination Centre (I4C) is actively working towards initiatives to combat the emerging threats in cyberspace. I4C is one of the crucial extensions of the Ministry of Home Affairs, Government of India, working extensively to combat cyber crimes and ensure the overall safety of netizens. The ‘National Cyber Crime Reporting Portal’ equipped with a 24x7 helpline number 1930,  is one of the key component of the I4C.

Components Of The I4C

  1. National Cyber Crime Threat Analytics Unit
  2. National Cyber Crime Reporting Portal
  3. National Cyber Crime Training Centre
  4. Cyber Crime Ecosystem Management Unit
  5. National Cyber Crime Research and Innovation Centre
  6. National Cyber Crime Forensic Laboratory Ecosystem
  7. Platform for Joint Cyber Crime Investigation Team.

Conclusion

I4C, through its initiatives and collaborative efforts, plays a pivotal role in safeguarding cyberspace and ensuring the safety of netizens. I4C reinforces India's commitment to combatting cybercrime and promoting a secure digital environment. The recent development by designating the I4C as an agency to notify the instances of unlawful activities in cyberspace serves as a significant step to counter cybercrime and promote an ethical and safe digital environment for netizens.

References

PUBLISHED ON
Mar 16, 2024
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