Centre Proposes New Bills for Criminal Law
Introduction
Criminal justice in India is majorly governed by three laws which are – Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. The centre, on 11th August 2023’ Friday, proposes a new bill in parliament Friday, which is replacing the country’s major criminal laws, i.e. Indian Penal Code, Criminal Procedure Code and Indian Evidence Act.
The following three bills are being proposed to replace major criminal laws in the country:
- The Bharatiya Nyaya Sanhita Bill, 2023 to replace Indian Penal Code 1860.
- The Bharatiya Nagrik Suraksha Sanhita Bill, 2023, to replace The Code Of Criminal Procedure, 1973.
- The Bharatiya Sakshya Bill, 2023, to replace The Indian Evidence Act 1872.
Cyber law-oriented view of the new shift in criminal lawNotable changes:Bharatiya Nyaya Sanhita Bill, 2023 Indian Penal Code 1860.
Way ahead for digitalisation
The new laws aim to enhance the utilisation of digital services in court systems, it facilitates online registration of FIR, Online filing of the charge sheet, serving summons in electronic mode, trial and proceedings in electronic mode etc. The new bills also allow the virtual appearance of witnesses, accused, experts, and victims in some instances. This shift will lead to the adoption of technology in courts and all courts to be computerised in the upcoming time.
Enhanced recognition of electronic records
With the change in lifestyle in terms of the digital sphere, significance is given to recognising electronic records as equal to paper records.
Conclusion
The criminal laws of the country play a significant role in establishing law & order and providing justice. The criminal laws of India were the old laws existing under British rule. There have been several amendments to criminal laws to deal with the growing crimes and new aspects. However, there was a need for well-established criminal laws which are in accordance with the present era. The step of the legislature by centralising all criminal laws in their new form and introducing three bills is a good approach which will ultimately strengthen the criminal justice system in India, and it will also facilitate the use of technology in the court system.
Related Blogs
Introduction
On 20th March 2024, the Indian government notified the Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting as the Fact Check Unit (FCU) of the Central Government. This PIB FCU is notified under the provisions of Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).
However, the next day, on 21st March 2024, the Supreme Court stayed the Centre's decision. The IT Amendment Rules of 2023 provide that the Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body to identify and tag what it considers fake news with respect to any activity of the Centre. The stay will be in effect till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.
The official notification dated 20th March 2024 read as follows:
“In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government.”
Impact of the notification
The impact of notifying PIB’s FCU under Rule 3(1)(b)(v)will empower the PIB’s FCU to issue direct takedown directions to the concerned Intermediary. Any information posted on social media in relation to the business of the central government that has been flagged as fake or false by the FCU has to be taken down by the concerned intermediary. If it fails to do so, it will lose the 'safe harbour' immunity against legal proceedings arising out of such information posted offered under Section 79 of IT Act, 2000.
Safe harbour provision u/s 79 of IT Act, 2000
Section 79 of the IT Act, 2000 serves as a safe harbour provision for intermediaries. The provision 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 unlawfully. Furthermore, intermediaries are obliged to observe due diligence on their platforms.
Rule 3 (1)(b)(v) Under IT Amendment Rules 2023
Rule 3(1)(b)(v) of The Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [updated as on 6.4.2023] provides that all intermediaries [Including a social media intermediary, a significant social media intermediary and an online gaming intermediary], are required to make "reasonable efforts” or perform due diligence to ensure that their users do not "host, display, upload, modify, publish, transmit, store, update or share” any information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify”.
PIB - FCU
The PIB - Fact Check Unit(FCU) was established in November 2019 to prevent the spread of fake news and misinformation about the Indian government. It also provides an accessible platform for people to report suspicious or questionable information related to the Indian government. This FCU is responsible for countering misinformation on government policies, initiatives, and schemes. The FCU is tasked with addressing misinformation about government policies, initiatives, and schemes, either directly (Suo moto) or through complaints received. On 20th March 2024,via a gazetted notification, the Centre notified the Press Information Bureau's fact-check unit (FCU) as the nodal agency to flag fake news or misinformation related to the central government. However, The Supreme Court stayed the Centre's notification of the Fact-Check Unit under IT Amendment Rules 2023.
Concerns with IT Amendment Rules 2023
The Ministry of Electronics and Information Technology(MeitY) amended the IT Rules of 2021. The ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023’ (IT Amendment Rules 2023) were notified by the Ministry of Electronics and Information Technology on 6 April 2023. The rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government” and also made other provisions pertaining to online gaming.
The Constitutional validity of IT Amendment Rules 2023 has been challenged through a writ petition challenging the IT Rules 2023 in the Bombay High Court. The contention is that the rules raise "serious constitutional questions," and Rule 3(1)(b)(v), as amended in 2023, impacts the fundamental right to freedom of speech and expression would fall for analysis by the High Court.
Supreme Court Stays Setting up of FCU
A bench comprising Chief Justice DY Chandra Hud, Justices JB Pardiwala and Manoj Misra convened to hear Special Leave Petitions filed by Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023. The Supreme Court has stayed the Union's notification of the Fact-Check Unit under the IT Amendment Rules 2023, pending the Bombay High Court's decision on the challenges to the IT Rules Amendment 2023.
Emphasizing Freedom of Speech in the Democratic Environment
The advent of advanced technology has also brought with it a new generation of threats and concerns: the misuse of said technology in the form of deepfakes and misinformation is one of the most pressing concerns plaguing society today. This realization has informed the critical need for stringent regulatory measures. The government is rightly prioritizing the need to immediately address digital threats, but there must be a balance between our digital security policies and the need to respect free speech and critical thinking. The culture of open dialogue is the bedrock of democracy. The ultimate truth is shaped through free trade in ideas within a competitive marketplace of ideas. The constitutional scheme of democracy places great importance on the fundamental value of liberty of thought and expression, which has also been emphasized by the Supreme Court in its various judgements.
The IT Rules, 2023,provide for creating a "fact check unit" to identify fake or false or misleading information “in relation to any business of the central government "This move raised concerns within the media fraternity, who argued that the determination of fake news cannot be placed solely in the hands of the government. It is also worth noting that if users post something illegal, they can still be punished under laws that already exist in the country.
We must take into account that freedom of speech under Article 19 of the Constitution is not an absolute right. Article 19(2) imposes restrictions on the Right to Freedom of Speech and expression. Hence, there has to be a balance between regulatory measures and citizens' fundamental rights.
Nowadays, the term ‘fake news’ is used very loosely. Additionally, there is a dearth of clearly established legal parameters that define what amounts to fake or misleading information. Clear definitions of the terms should be established to facilitate certainty as to what content is ‘fake news’ and what content is not. Any such restriction on speech must align with the exceptions outlined in Article19(2) of the Constitution.
Conclusion
Through a government notification, PIB - FCU was intended to act as a government-run fact-checking body to verify any information about the Central Government. However, the apex court of India stayed the Centre's notification. Now, the matter is sub judice, and we hope for the judicial analysis of the validity of IT Amendment Rules 2023.
Notably, the government is implementing measures to combat misinformation in the digital world, but it is imperative that we strive for a balance between regulatory checks and individual rights. As misinformation spreads across all sectors, a centralised approach is needed in order to tackle it effectively. Regulatory reforms must take into account the crucial roleplayed by social media in today’s business market: a huge amount of trade and commerce takes place online or is informed by digital content, which means that the government must introduce policies and mechanisms that continue to support economic activity. Collaborative efforts between the government and its agencies, technological companies, and advocacy groups are needed to deal with the issue better at a higher level.
References
- https://egazette.gov.in/(S(xzwt4b4haaqja32xqdiksbju))/ViewPDF.aspx
- https://pib.gov.in/PressReleasePage.aspx?PRID=2015792
- https://economictimes.indiatimes.com/tech/technology/govt-notifies-fact-checking-unit-under-pib-to-check-fake-news-misinformation-related-to-centre/articleshow/108653787.cms?from=mdr
- https://www.epw.in/journal/2023/43/commentary/it-amendment-rules-2023.html#:~:text=The%20Information%20Technology%20Amendment%20Rules,to%20be%20false%20or%20misleading
- https://www.livelaw.in/amp/top-stories/supreme-court-kunal-kamra-editors-guild-notifying-fact-check-unit-it-rules-2023-252998
- https://www.aljazeera.com/news/2024/3/21/india-top-court-stays-government-move-to-form-fact-check-unit-under-it-laws
- https://www.meity.gov.in/writereaddata/files/Information%20Technology 28Intermediary%20Guidelines%20and%20Digital% 20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf
- 2024 SCC On Line Bom 360
Introduction
In 2019 India got its bill on Data protection in the form of the Personal Data Protection Bill 2019. This bill focused on digital rights and duties pertaining to data privacy. However, the bill was scrapped by the Govt in mid-2022, and a new bill was drafted, Successor bill was introduced as the Digital Personal Data Protection Bill, 2022 on 18th November 2022, which was made open for public comments and consultations and now the bill is expected to be tabled at the parliament in the Monsoon session.
What is DPDP, 2022?
Digital Personal Data Protection Bill, is the lasted draft regulation for data privacy in India. The bill has been essentially focused towards data protection by companies and the keep aspect of Puttaswamy judgement of data privacy as a fundamental right has been upheld under the scope of the bill. The bill comes after nearly 150 recommendations which the parliamentary committee made when the PDP, 2019 was scrapped.
The bill highlights the following keen aspects-
- Data Fiduciary- The entity (an individual, company, firm, state, etc.) which decides the purpose and means of processing an individual’s personal data.
- Data Principle- The individual to whom personal data is related.
- Processing- The entire cycle of operations that can be carried out concerning personal data.
- Gender Neutrality- For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender.
- Right to Erase Data- Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
- Cross-border data transfer- The bill allows cross-border data after an assessment of relevant factors by the Central Government.
- Children’s Rights- The bill guarantees the right to digital privacy under the protection of parents/guardians.
- Heavy Penalties- The bill enforces heavy penalties for non-compliance with the provisions, not exceeding Rs 500 crore.
Data Protection Board
The bill lays down provisions for setting up a Data Protection Board. This board will be an independent body acting solely on the factors of data privacy and protection of the data principles and maintaining compliance by data fiduciaries. The board will be headed by a chairperson of essential and relevant qualifications, and members and various other officials shall assist him/her under the board. The board will serve grievance redressal to the data principles and can conduct investigation, inquiry, proceeding, and pass orders equivalent to a Civil court. The proceeding will be undertaken on the principle of natural justice, and the aggrieved can file an appeal to the High Court of appropriate jurisdiction.
Global Comparison
Many countries have data protection laws that regulate the processing of personal data. Some of the notable examples include:
- European Union: The EU’s General Data Protection Regulation (GDPR) is one of the world’s most comprehensive data protection laws. It regulates public and private entities’ processing of personal data and gives individuals a wide range of rights over their personal data.
- United States: The US has several data protection laws that apply to specific sectors or types of data, such as health data (HIPAA) or financial data (Gramm-Leach-Bliley Act). However, there is no comprehensive federal data protection law in the US.
- Japan: Japan’s Personal Information Protection Act (PIPA) regulates the handling of personal data by private entities and gives individuals certain rights over their personal data.
- Australia: Australia’s Privacy Act 1988 regulates the handling of personal data by public and private entities and gives individuals certain rights over their personal data.
- Brazil: Brazil’s General Data Protection Law (LGPD) regulates the processing of personal data by public and private entities and gives individuals certain rights over their personal data. It also imposes heavy fines and penalties on entities that violate the provisions of the law.
Overall, while there are some similarities in data protection laws across countries, there are also significant differences in scope, applicability, and enforcement. It is important for organisations to understand the data protection laws that apply to their operations and take appropriate steps to comply with these laws.
Parliamentary Asscent
The case of violation of the privacy policy by WhatsApp at the Hon’ble Supreme Court resulted in a significant advocacy for Data privacy as a fundamental right, and it was held that, as suggested otherwise in the privacy policy, Whatsapp was sharing its user’s data with Meta. This massive breach of trust could have led to data mismanagement affecting thousands of Indian users. The Hon’ble Supreme Court has taken due consideration of data privacy and its challenges in India and asked the Govt to table the bill in Parliament. The bill will be tabled for discussion in the monsoon session. The Supreme Court has set up a constitutional bench to check the bill’s scope, extent and applications and provide its judicial oversight. The constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar has fixed the matter for hearing in August in order to enforce the potential changes and amendments in the act post the parliamentary discussion.
Conclusion
India is the world’s largest democracy, so the crucial aspects of passing laws and amendments have always been followed by the government and kept under check by the judiciary. The discussion over bills is a crucial part of the democratic process, and bills as important as Digital Personal Data Protection need to be discussed and analysed thoroughly in both houses of Parliament to ensure the govt passes a sustainable and efficient law.
Introduction
Children today are growing up amidst technology, and the internet has become an important part of their lives. The internet provides a wealth of recreational and educational options and learning environments to children, but it also presents extensively unseen difficulties, particularly in the context of deepfakes and misinformation. AI is capable of performing complex tasks in a fast time. However, misuse of AI technologies led to increasing cyber crimes. The growing nature of cyber threats can have a negative impact on children wellbeing and safety while using the Internet.
India's Digital Environment
India has one of the world's fastest-growing internet user bases, and young netizens here are getting online every passing day. The internet has now become an inseparable part of their everyday lives, be it social media or online courses. But the speed at which the digital world is evolving has raised many privacy and safety concerns increasing the chance of exposure to potentially dangerous content.
Misinformation: The raising Concern
Today, the internet is filled with various types of misinformation, and youngsters are especially vulnerable to its adverse effects. With the diversity in the language and culture in India, the spread of misinformation can have a vast negative impact on society. In particular, misinformation in education has the power to divulge young brains and create hindrances in their cognitive development.
To address this issue, it is important that parents, academia, government, industry and civil society start working together to promote digital literacy initiatives that educate children to critically analyse online material which can ease navigation in the digital realm.
DeepFakes: The Deceptive Mirage:
Deepfakes, or digitally altered videos and/or images made with the use of artificial intelligence, pose a huge internet threat. The possible ramifications of deepfake technology are concerning in India, since there is a high level of dependence on the media. Deepfakes can have far-reaching repercussions, from altering political narratives to disseminating misleading information.
Addressing the deepfake problem demands a multifaceted strategy. Media literacy programs should be integrated into the educational curriculum to assist youngsters in distinguishing between legitimate and distorted content. Furthermore, strict laws as well as technology developments are required to detect and limit the negative impact of deepfakes.
Safeguarding Children in Cyberspace
● Parental Guidance and Open Communication: Open communication and parental guidance are essential for protecting children's internet safety. It's a necessity to have open discussions about the possible consequences and appropriate internet use. Understanding the platforms and material children are consuming online, parents should actively participate in their children's online activities.
● Educational Initiatives: Comprehensive programs for digital literacy must be implemented in educational settings. Critical thinking abilities, internet etiquette, and knowledge of the risks associated with deepfakes and misinformation should all be included in these programs. Fostering a secure online environment requires giving young netizens the tools they need to question and examine digital content.
● Policies and Rules: Admitting the threats or risks posed by misuse of advanced technologies such as AI and deepfake, the Indian government is on its way to coming up with dedicated legislation to tackle the issues arising from misuse of deepfake technology by the bad actors. The government has recently come up with an advisory to social media intermediaries to identify misinformation and deepfakes and to make sure of the compliance of Information Technology (IT) Rules 2021. It is the legal obligation of online platforms to prevent the spread of misinformation and exercise due diligence or reasonable efforts are made to identify misinformation and deepfakes. Legal frameworks need to be equipped to handle the challenges posed by AI. Accountability in AI is a complex issue that requires comprehensive legal reforms. In light of various cases reported about the misuse of deepfakes and spreading such deepfake content on social media, It is advocated that there is a need to adopt and enforce strong laws to address the challenges posed by misinformation and deepfakes. Working with technological companies to implement advanced content detection tools and ensuring that law enforcement takes swift action against those who misuse technology will act as a deterrent among cyber crooks.
● Digital parenting: It is important for parents to keep up with the latest trends and digital technologies. Digital parenting includes understanding privacy settings, monitoring online activity, and using parental control tools to create a safe online environment for children.
Conclusion
As India continues to move forward digitally, protecting children in cyberspace has become a shared responsibility. By promoting digital literacy, encouraging open communication and enforcing strong laws, we can create a safer online environment for younger generations. Knowledge, understanding, and active efforts to combat misinformation and deeply entrenched myths are the keys to unlocking the safety net in the online age. Social media Intermediaries or platforms must ensure compliance under IT Rules 2021, IT Act, 2000 and the newly enacted Digital Personal Data Protection Act, 2023. It is the shared responsibility of the government, parents & teachers, users and organisations to establish safe online space for children.