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Introduction

On March 12, the Ministry of Corporate Affairs (MCA) proposed the Bill to curb anti-competitive practices of tech giants through ex-ante regulation. The Draft Digital Competition Bill is to apply to ‘Core Digital Services,’ with the Central Government having the authority to update the list periodically. The proposed list in the Bill encompasses online search engines, online social networking services, video-sharing platforms, interpersonal communications services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. 

The primary highlight of the Digital Competition Law Report created by the Committee on Digital Competition Law presented to the Parliament in the 2nd week of March 2024 involves a recommendation to introduce new legislation called the ‘Digital Competition Act,’ intended to strike a balance between certainty and flexibility. The report identified ten anti-competitive practices relevant to digital enterprises in India. These are anti-steering, platform neutrality/self-preferencing, bundling and tying, data usage (use of non-public data), pricing/ deep discounting, exclusive tie-ups, search and ranking preferencing, restricting third-party applications and finally advertising Policies.

Key Take-Aways: Digital Competition Bill, 2024

1. Qualitative and quantitative criteria for identifying Systematically Significant Digital Enterprises, if it meets any of the specified thresholds. 

• Financial thresholds in each of the immediately preceding three financial years like turnover in India, global turnover, gross merchandise value in India, or global market capitalization.
• User thresholds in each of the immediately preceding 3 financial years in India like the core digital service provided by the enterprise has at least 1 crore end users, or it has at least 10,000 business users.
• The Commission may make the designation based on other factors such as the size and resources of an enterprise, number of business or end users, market structure and size, scale and scope of activities of an enterprise and any other relevant factor.

2. A period of 90 days is provided to notify the CCI of qualification as an SSDE. Additionally, the enterprise must also notify the Commission of other enterprises within the group that are directly or indirectly involved in the provision of Core Digital Services, as Associate Digital Enterprises (ADE) and the qualification shall be for 3 years.
3. It prescribes obligations for SSDEs and their ADEs upon designation. The enterprise must comply with certain obligations regarding Core Digital Services, and non-compliance with the same shall result in penalties. Enterprises must not directly or indirectly prevent or restrict business users or end users from raising any issue of non-compliance with the enterprise’s obligations under the Act. 
4. Avoidance of favouritism in product offerings by SSDE,  its related parties, or third parties for the manufacture and sale of products or provision of services over those offered by third-party business users on the Core Digital Service in any manner.
5. The Commission will be having the same powers as vested to a civil court under the Code of Civil Procedure, 1908 when trying a suit.
6. Penalty for non-compliance without reasonable cause may extend to Rs 1 lakh for each day during which such non-compliance occurs (max. of Rs 10 crore). It may extend to 3 years or with a fine, which may extend to Rs 25 crore or with both. The Commission may also pass an order imposing a penalty on an enterprise (not exceeding 1% of the global turnover) in case it provides incorrect, incomplete, misleading information or fails to provide information. 

Suggestions and Recommendations

• The ex-ante model of regulation needs to be examined for the Indian scenario and studies need to be conducted on it has worked previously in different jurisdictions like the EU. 
• The Bill should be aimed at prioritising the fostering of fair competition by preventing monopolistic practices in digital markets exclusively. A clear distinction from the already existing Competition Act, 2002 in its functioning needs to be created so that there is no overlap in the regulations and double jeopardy is not created for enterprises.
• Restrictions on tying and bundling and data usage have been shown to negatively impact MSMEs that rely significantly on big tech to reduce operational costs and enhance customer outreach.
• Clear definitions of "dominant position" and "anti-competitive behaviour" are essential for effective enforcement in terms of digital competition need to be defined. 
• Encouraging innovation while safeguarding consumer data privacy in consonance with the DPDP Act should be the aim. Promoting interoperability and transparency in algorithms can prevent discriminatory practices. 
• Regular reviews and stakeholder consultations will ensure the law adapts to rapidly evolving technologies. 
• Collaboration with global antitrust bodies which is aimed at enhancing cross-border regulatory coherence and effectiveness.

Conclusion

The need for a competition law that is focused exclusively on Digital Enterprises is the need of the hour and hence the Committee recommended enacting the Digital Competition Act to enable CCI to selectively regulate large digital enterprises. The proposed legislation should be restricted to regulate only those enterprises that have a significant presence and ability to influence the Indian digital market. The impact of the law needs to be restrictive to digital enterprises and it should not encroach upon matters not influenced by the digital arena. India's proposed Digital Competition Bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses prevalent in the digital business space. The Ministry of Corporate Affairs has received 41-page public feedback on the draft which is expected to be tabled next year in front of the Parliament. 

References

1. https://www.medianama.com/wp-content/uploads/2024/03/DRAFT-DIGITAL-COMPETITION-BILL-2024.pdf
2. https://prsindia.org/files/policy/policy_committee_reports/Report_Summary-Digital_Competition_Law.pdf
3. https://economictimes.indiatimes.com/tech/startups/meity-meets-india-inc-to-hear-out-digital-competition-law-concerns/articleshow/111091837.cms?from=mdr
4. https://www.mca.gov.in/bin/dms/getdocument?mds=gzGtvSkE3zIVhAuBe2pbow%253D%253D&type=open
5. https://www.barandbench.com/law-firms/view-point/digital-competition-laws-beginning-of-a-new-era
6. https://www.linkedin.com/pulse/policy-explainer-digital-competition-bill-nimisha-srivastava-lhltc/
7. https://www.lexology.com/library/detail.aspx?g=5722a078-1839-4ece-aec9-49336ff53b6c

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Introduction

With the advent of the internet, the world revealed the promise of boundless connection and the ability to bridge vast distances with a single click. However, as we wade through the complex layers of the digital age, we find ourselves facing a paradoxical realm where anonymity offers both liberation and a potential for unforeseen dangers. Omegle, a chat and video messaging platform, epitomizes this modern conundrum. Launched over a decade ago in 2009, it has burgeoned into a popular avenue for digital interaction, especially amidst the heightened need for human connection spurred by the COVID-19 pandemic's social distancing requirements. Yet, this seemingly benign tool of camaraderie, tragically, doubles as a contemporary incarnation of Pandora's box, unleashing untold risks upon the online privacy and security landscape. Omegle shuts down its operations permanently after 14 years of its service.

The Rise of Omegle 

The foundations of this nebulous virtual dominion can be traced back to the very architecture of Omegle. Introduced to the world as a simple, anonymous chat service, Omegle has since evolved, encapsulating the essence of unpredictable human interaction. Users enter this digital arena, often with the innocent desire to alleviate the pangs of isolation or simply to satiate curiosity; yet they remain blissfully unaware of the potential cybersecurity maelstrom that awaits them.

As we commence a thorough inquiry into the psyche of Omegle's vast user base, we observe a digital diaspora with staggering figures. The platform, in May 2022, counted 51.7 million unique visitors, a testament to its sprawling reach across the globe. Delve a bit deeper, and you will uncover that approximately 29.89% of these digital nomads originate from the United States. Others, in varying percentages, flock from India, the Philippines, the United Kingdom, and Germany, revealing a vast, intricate mosaic of international engagement.

Such statistics beguile the uninformed observer with the lie of demographic diversity. Yet we must proceed with caution, for while the platform boasts an impressive 63.91% male patronage, we cannot overlook the notable surge in female participation, which has climbed to 36.09% during the pandemic era. More alarming still is the revelation, borne out of a BBC investigation in February 2021, that children as young as seven have trespassed into Omegle's adult sections—a section purportedly guarded by a minimum age limit of thirteen. How we must ask, has underage presence burgeoned on this platform? A sobering pointer finger towards the platform's inadvertent marketing on TikTok, where youthful influencers, with abandon, promote their Omegle exploits under the #omegle hashtag.

The Omegle Allure

Omegle's allure is further compounded by its array of chat opportunities. It flaunts an adult section awash with explicit content, a moderated chat section that, despite the platform's own admissions, remains imperfectly patrolled, and an unmoderated section, its entry pasted with forewarnings of an 18+ audience. Beyond these lies the college chat option, a seemingly exclusive territory that only admits individuals armed with a verified '.edu' email address.

The effervescent charm of Omegle's interface, however, belies its underlying treacheries. Herein lies a digital wilderness where online predators and nefarious entities prowl, emboldened by the absence of requisite registration protocols. No email address, no unique identifier—pestilence to any notion of accountability or safeguarding. Within this unchecked reality, the young and unwary stand vulnerable, a hapless game for exploitation. 

Threat to Users 

Venture even further into Omegle's data fiefdom, and the spectre of compromise looms larger. Users, particularly the youth, risk exposure to unsuitable content, and their naivety might lead to the inadvertent divulgence of personal information. Skulking behind the facade of connection, opportunities abound for coercion, blackmail, and stalking—perils rendered more potent as every video exchange and text can be captured, and recorded by an unseen adversary. The platform acts as a quasi-familiar confidante, all the while harvesting chat logs, cookies, IP addresses, and even sensory data, which, instead of being ephemeral, endure within Omegle's databases, readily handed to law enforcement and partnered entities under the guise of due diligence.

How to Combat the threat 

In mitigating these online gorgons, a multi-faceted approach is necessary. To thwart incursion into your digital footprint, adults, seeking the thrills of Omegle's roulette, would do well to cloak their activities with a Virtual Private Network (VPN), diligently pore over the privacy policy, deploy robust cybersecurity tools, and maintain an iron-clad reticence on personal disclosures. For children, the recommendation gravitates towards outright avoidance. There, a constellation of parental control mechanisms await the vigilant guardian, ready to shield their progeny from the internet's darker alcoves.

Conclusion 

In the final analysis, Omegle emerges as a microcosm of the greater web—a vast, paradoxical construct proffering solace and sociability, yet riddled with malevolent traps for the uninformed. As digital denizens, our traverse through this interconnected cosmos necessitates a relentless guarding of our private spheres and the sober acknowledgement that amidst the keystrokes and clicks, we must tread with caution lest we unseal the perils of this digital Pandora's box.

References:

https://www.business-standard.com/technology/tech-news/omegle-shuts-down-operations-permanently-after-14-years-of-its-service-123110900743_1.html

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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.