The highly anticipated draft of the Digital India Bill, designed to govern the rapidly evolving landscape of technologies like artificial intelligence (AI) and quantum computing, is set to be opened for public consultation within the next two weeks, according to senior officials. Sources also suggest that the proposed regulations may incorporate provisions that require companies to provide consumers with information on how their data is being processed.
Although the draft was initially scheduled for release earlier this month, it was held back to allow for fresh consultation with legal and industry leaders. This decision came after receiving feedback from experts during the government’s outreach on the proposed Act, which commenced in March across multiple cities, including Bengaluru and Mumbai.
“We received some feedback, and we have gone back to the drawing board to reconsider certain points,” stated a knowledgeable official. “There is a need for additional work on issues such as fact-checking, misinformation, and a more comprehensive framework for emerging technologies like artificial intelligence and quantum computing.”
Addressing New-Age Crimes
People familiar with the matter suggest that the Ministry of Electronics and Information Technology (MeitY) may establish strict “no-go areas” for companies and internet intermediaries utilising AI and machine learning in consumer-oriented businesses. These “no-go areas” would cover aspects where potential harm to users exists, including situations where users unintentionally consent to their data processing without comprehending the consequences. Sources affirm that companies would be required to inform users about how their data is used and processed by proprietary algorithms, with any violations attracting severe penalties.
Recognizing the evolving nature of cybercrime since the introduction of India’s ground-breaking Information Technology Act in 2000, an official emphasised the need for provisions addressing criminal offences. “Certain provisions from the IT Act, 2000, need to be revised while others require revaluation.”
The upcoming draft bill is expected to encompass clear definitions for modern offenses such as possession and distribution of child sexual abuse material, unauthorized digital use of government-issued identity cards, and the spread of misinformation. Presently, there are no provisions in place to address issues related to internet involvement and bullying faced by users under the age of 18. “The bill’s framework should provide definitive guidelines for these types of cases. It may not always be appropriate to apply the Indian Penal Code (IPC), but there must be deterrence,” stated an official.
Replacing Outdated Regulations
The DigitalIndia Act aims to replace the 23-year-old IT Act in its entirety rather than amending it. In April, it was reported that the IT ministry may incorporate provisions aimed at curbing the influence of Big Tech companies. Earlier this year, the government conducted two rounds of public consultations during the pre-drafting stage, resulting in certain provisions being included in the draft. These regulations may seek to prevent the misuse of market dominance by major technology firms, including Google parent Alphabet, Apple, and Meta.
The Digital India Act represents the IT ministry’s third major legislative overhaul. In 2022, MeitY withdrew an earlier version of the Data Protection Bill that had been pending for over three years. A revised version, known as the Digital Personal Data Protection Bill, was released for public consultation in November 2022 and is expected to be introduced during this year’s Monsoon Session of Parliament.
