Cyber Laws In India

Cyber laws in India are very important part of legal framework world over. India also has a cyber law in the form of information technology act 2000 (IT Act 2000). With growing emphasis upon e-commerce and e-governance in India, cyber law in India has become very important.

However, we have no dedicated e-commerce laws in India and e-governance laws in India. With the proposed draft electronic delivery of services bill 2011 (EDS Bill 2011), some efforts in the direction of strengthening e-governance have been taken by Indian government. However, till now we have no mandatory e-governance rights in India under the cyber law of India.

The cyber law of India has many unique and interesting aspects. Internet intermediary liability in India, cyber due diligence in India, cyber due diligence for Indian companies, social media due diligence in India, etc are some of them. With the passing of the information technology amendment act 2008 (IT Act 2008), the liability of websites, social media platforms, blogging sites, etc has increased a lot. Domain name protection in India is another issue that may become a part of cyber law in the near future.

A lot of cyber crimes, cyber contraventions, intellectual property rights (IPRs) violations, etc are committed due to lack of awareness about Indian cyber law. However, many cyber crimes and IPRs violations are deliberately committed and they deserve to be taken seriously.

There are very low cyber crimes convictions in India. This is because the cyber crime investigations in India are not proper due to lack of cyber law and cyber forensics knowledge. There is an urgent need to ensure cyber skills development in India so that cyber crimes can be prosecuted successfully.

Perry4Law Techno Legal Base (PTLB) is managing the exclusive techno legal centre for cyber laws in India. PTLB is the exclusive techno legal e-learning institution of India. It is providing various techno legal e-learning courses in India and cyber law education and training is one of them.

Online cyber law education in India needs to be strengthened further. Online cyber law courses in India can fill the gap in our educational system that is largely academic in nature. Such online courses can not only provide practical trainings and skills development but they can also remove the distance barriers.

A special emphasis must be given to legal lifelong learning in India that is presently missing. Continuing professional legal education in India needs to be developed on the lines as has been done in western countries. Further, the legal and judicial fraternity of India needs scientific knowledge that has become necessary with the enactment of IT Act 2000 and similar technology related laws.

There are certain areas that are closely related to cyber law. For instance, issues like cyber forensics in India, e-discovery in India, cyber security in India, etc have still not got the attention of Indian parliament. We need dedicated laws on each of such fields that are presently missing in India. There are very few cyber forensics research, training and educational centers in India. Similarly, cyber security research centers in India are also limited. Even lesser are digital evidencing and e-discovery centers in India.

Cyber laws would also be relevant for areas like online dispute resolution (ODR) in India and e-courts in India. Cross border technology transactions and dispute resolution is the latest trend in the field of ODR. Further, legal issues of entertainment and media industry in India would also involve cyber law implications. DNS redirection and distributed denial of service attacks are these days used to protect IPRs and brands. These methods are strictly not legal and have serious cyber law implications.

There are many more issues that are involved with cyber laws of India. However, they cannot be covered in a single post and we would cover them one by one in our subsequent posts. We hope readers would find this information useful.