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Key Provisions of the Digital India Act 2023
- It places a strong emphasis on online safety and trust, with a commitment to safeguarding citizen’s rights in the digital realm while remaining adaptable to shifting market dynamics and international legal principles.
- It recognises the growing importance of new age technologies such as artificial intelligence (AI) and blockchain and provides guidelines for their responsible utilisation.
- It upholds the concept of an open internet, striking a balance between accessibility and necessary regulations to maintain order and protect users.
- It mandates stringent Know Your Customer (KYC) requirements for wearable devices, accompanied by criminal law sanctions.
- It contemplates a review of the “safe harbour” principle, which presently shields online platforms from liability related to user generated content, indicating a potential shift in online accountability standards.
Significance of the Digital India Act 2023
- The provisions underscore the proposed DIA’s commitment in addressing the complexities of the digital age.
- It aims to not only encourage the adoption of the new age technologies but also to ensure that their deployment is in line with ethical-legal principles, data privacy principles and mechanisms for accountability.
- This means that the DIA does not just leave it to the market to dictate the course of these technologies but actively engages in shaping their development and use within a regulatory framework.
- And by doing so, the DIA strikes a balance between fostering innovation and safeguarding against potential harms.
- This forward-looking stance is not only beneficial for citizens and businesses but also positions India as a responsible player in the global technology landscape – harnessing the full potential of new age technologies while mitigating associated risks.
Challenges
Potential impact on innovation and the ease of doing business:
- Stricter regulations, particularly in emerging technologies, could inadvertently stifle entrepreneurial initiatives and deter foreign investments.
The review of the “safe harbour” principle:
- It could lead to a more cautious approach among these platforms, possibly impinging on freedom of expression.
Challenges to effective enforcement:
- This will require substantial resources, expertise, and infrastructure.
Balancing the interests of various stakeholders:
- Including tech giants, while ensuring the protection of citizen rights, poses a significant challenge.