Mains Daily Question
Oct. 13, 2023

Q3. Digital India is not just a vision; it's a revolution that's transforming the nation, one byte at a time. In light of the statement, examine the recently introduced Digital India Act 2023. (10M, 150W)

Model Answer

Approach 


Introduction: Link Digital India and Digital India Act 2023(DIA) and write brief objectives of DIA

Body:

Heading 1: Features of DIA

Heading 2: Need for DIA

Heading 3: Challenges Ahead

Conclusion: Conclude by outlining the steps forward to address all the challenges

 

Answer

India's 'Digital India' initiative, launched in 2015, strives to provide universal access to digital infrastructure, services, and efficient governance. A significant part of this effort is the recently proposed Digital India Act 2023 (DIA), which aims to establish flexible regulations that can adapt to technological changes, offer accessible mechanisms for online offense resolution, and ensure a legislative framework aligned with overarching governing principles.

 

Salient Features of DIA

 

  • Replacement of IT Act 2000: DIA aims to update outdated laws (Information Technology Act, 2000) to suit the 21st-century digital landscape, aligning with India's growing internet user base and evolving internet usage patterns.
    • For ex: According to the IAMAI report, the active internet base in India is expected to grow to 900 million by 2025.
  • Enhanced Online Safety: DIA prioritizes online safety, addressing cyberstalking, trolling, and doxing to create a safer digital environment for Indian citizens.
    • It aims to provide digital rights like the Right to be Forgotten and the Right to Digital Inheritance (passing down of digital assets to designated beneficiaries)
  • Upholds Principle of Open Internet: Information across the web should be free and available without variables that depend on the financial motives of Internet Service Providers., 
  • Responsible Tech Guidelines: DIA offers guidelines for ethical use of modern tech like AI and blockchain, promoting innovation while ensuring adherence to legal and ethical standards, showcasing India as a responsible tech player globally.
  • KYC for Wearables: The DIA imposes stringent KYC requirements for wearable devices, ensuring data security and privacy in the burgeoning wearables market.
    • By the end of 2023,  India will hold the position of being the world's largest market for wearables( smartwatches, Bluetooth Headsets)
  • Safe Harbour Principle Review: DIA plans to reevaluate the 'safe harbor' principle that currently shields online platforms such as Twitter and Facebook from being held accountable for content generated by users.

 

Need for DIA ( Student can draw Schematic to explain ) 

 

  • Outdated Regulations: The 2000 IT Act was designed in a different internet era with only 5.5 million users and is now inadequate for managing today's 850 million users and evolving internet landscape.
  • Insufficiency of Current Regulations:Despite the presence of regulations like Intermediary Guidelines, Digital Media Ethics Code, and data protection rules, they are insufficient to govern new-age technologies effectively.
  • Need for Legal Adaptation: As technologies like AI, Blockchain, and IoT advance, the legal framework must evolve to address their unique challenges.
    • For ex: India is home to 3,000+ AI, Big Data and blockchain start-ups as per NASSCOM
  • E-commerce and Online Content: The surge in e-commerce, digital transactions, and online content sharing necessitates updated regulations. 
    • For ex: Gross merchandise value (GMV) of India’s e-tailers touched US$ 60 billion in FY2023( 22% more than previous year) 

 

Challenges in the Implementation of DIA

  • Data Localization and Cross-Border Data Flows: While localization can enhance data protection and security, it might disrupt cross-border data flows, impacting global businesses reliant on efficient data transfer mechanisms.
  • Threatens ease of doing business: The act's regulations could impose substantial obligations on businesses, especially small enterprises.
    • The DIA introduces a range of regulations that apply to different players within the digital sector, encompassing data fiduciaries, data processors, cybersecurity service providers, e-commerce platforms, and more.
  • Against freedom of Speech & Privacy : The reassessment of the "safe harbor" principle for online platforms may have implications for the freedom of expression
    • For ex: Critics have raised concerns that some provisions of the act may confer extensive surveillance powers to the government, potentially compromising privacy rights
  • Resource and Infrastructure Needs: The successful execution and enforcement of the DIA demand sufficient human, technical, and financial resources. 

 

Therefore, there is a need for engaging various stakeholders, including government bodies, tech companies, legal experts, and civil society. Striking a balance between regulation and innovation is crucial, avoiding potential stifling of entrepreneurial initiatives and foreign investments. Capacity building for enforcement agencies, collaboration with international entities, and public awareness campaigns on digital rights and responsibilities are also vital components of successful implementation.

 

Thus, successful implementation of the DIA, in line with the Digital India 2026 objectives, will play a significant role in propelling India towards the achievement of a $1 trillion digital economy.

Subjects : Current Affairs
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