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Library · Part L: Specialised Domains

Cyber & Technology Law

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2000

The Information Technology Act, 2000

India's first cyber law

Based on the UNCITRAL Model Law on Electronic Commerce, the IT Act 2000 gave legal recognition to electronic records and digital signatures and created cyber offences. Major amendments in 2008 added offences such as identity theft and cyber terrorism (Section 66F) and rewrote the safe harbour for intermediaries in Section 79.

  • Based on the UNCITRAL Model Law on E-Commerce.
  • Major amendment in 2008.
Quick check: India's IT Act 2000 was based on which model law?
  1. The EU Data Protection Directive
  2. The US Digital Millennium Copyright Act
  3. UNCITRAL Model Law on Arbitration
  4. UNCITRAL Model Law on Electronic Commerce

Answer: D.

2009 Rules

Section 69A: Blocking Orders

Blocking websites and posts

Section 69A of the IT Act allows the Central government to block public access to online content in the interest of sovereignty, security, public order and similar grounds, following the procedure in the 2009 Blocking Rules. It was upheld in Shreya Singhal (2015), and blocking orders are confidential.

Section 79: Safe Harbour

Protecting intermediaries

Section 79 of the IT Act protects intermediaries, such as social media platforms and internet service providers, from liability for third-party content if they observe due diligence and remove unlawful content on receiving a court order or government notification (as read down in Shreya Singhal).

2021

The IT Rules, 2021

Intermediaries and digital media

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 require significant social media intermediaries to appoint grievance, compliance and nodal officers, and require messaging services to enable identification of the "first originator" of certain messages. They also set up an oversight system for digital news and streaming platforms, parts of which High Courts have stayed.

2024

The Fact-Check Unit Struck Down

Kunal Kamra v. Union of India

A 2023 amendment to the IT Rules let a government fact-check unit flag online content about the Central government as "fake", requiring platforms to act on it. In September 2024 the Bombay High Court struck the provision down as unconstitutional after a split in its division bench was resolved by a third judge.

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