Information Technology Act, 2000

The Information Technology Act, 2000 aims to provide for the legal framework so that legal sanctity is accorded to all electronic records and other activities carried out by electronic means. The Act states that unless otherwise agreed, an acceptance of contract may be expressed by electronic means of communication and the same shall have legal validity and enforceability.

  • The IT Act 2000 provides ways to deal with cybercrimes.
  • The Act offers the much-needed legal framework so that information is not denied legal effect, validity or enforceability, solely on the ground that it is in the form of electronic records.
  • In view of the growth in transactions and communications carried out through electronic records, the Act seeks to empower government departments to accept filing, creating and retention of official documents in the digital format.
  • The Act has also proposed a legal framework for the authentication and origin of electronic records/communications through digital signature.

Section 66A of the IT Act, 2000

Under Section 66(A) of the Act, any person who by means of a computer or communication device sends any information that is:

  1. grossly offensive;
  2. false and meant for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
  3. meant to deceive or mislead the recipient about the origin of such messages, etc,
  • shall be punishable with imprisonment up to three years and with fine.
  • It empowered police to make arrests over an electronic content that is “offensive” or “menacing” or for the purposes of causing annoyance, inconvenience, etc. All these terms were vague and subject to the interpretation of the law enforcement agencies.
  • On March 24, 2015, the apex court in Shreya Singhal v. Union of India declared Section 66A unconstitutional for “being violative of Article 19(1) (a) and not saved under Article 19(2).” It described the section as “open-ended and unconstitutionally vague”, and thus expanded the scope of free speech to the Internet.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

  • The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have been notified under the Information Technology Act, 2000. The Act provides for the regulation of electronic transactions and cybercrime. The 2021 Rules replace the Information Technology (Intermediaries Guidelines) Rules, 2011.

The rules are as follows:

  • Intermediaries are entities that store or transmit data on behalf of other persons. Due diligence is to be observed by intermediaries. Intermediaries are required to report cybersecurity incidents and share related information with the Indian Computer Emergency Response Team.
  • A social media intermediary with registered users in India above a threshold will be classified as Significant Social Media Intermediaries who need to observe additional due diligence.
  • Intermediaries which provide messaging as a primary service must enable the identification of the first originator of the information on its platform. This originator must be disclosed if required by an order from the Court or the government. The intermediary will not be required to disclose the contents of any communication. If the first originator is located outside India, the first originator of that information within India will be deemed to be the first originator.
  • The Rules prescribe the code of ethics to be observed by publishers of digital media including: (i) news and current affairs content providers, and (ii) online curated content providers (also known as OTT platforms).
  • The Rules require the intermediaries and digital media publishers to provide for a grievance redressal mechanism. In case of emergencies, the authorised officers may examine digital media content and after due permissions the content can be blocked.

MHA allows 10 more Agencies Complete Power

In April 2020, Ministry of Home Affairs has authorized ten central agencies and bodies to intercept, monitor, and decrypt “any information generated, transmitted, received or stored in any computer”.

  • The authorization was made under Section 69 (1) of the Information Technology Act, 2000 and Rule 4 of the Information Technology (Procedure and safeguard for Monitoring and Collecting Traffic Data or Information) Rules.
  • The ten central agencies that have been given permission include the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation; National Investigation Agency, Cabinet Secretariat (R&AW), Directorate of Signal Intelligence (For service areas of Jammu & Kashmir, North-East and Assam only) and Commissioner of Police, Delhi.

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