India’s Cybersecurity Overhaul:  2023-24  Key regulation

India is undertaking a significant overhaul of its legal framework to address the challenges posed by modern technologies. The Indian Penal Code (IPC), Code of Criminal Procedure (CrPC),  and Indian Evidence Act have been updated and renamed as BNS, BNSS, and BSB, respectively. These changes aim to modernize the legal structure and make it more relevant in the context of digital advancements. One of the most significant upcoming changes is the replacement of the Information Technology Act, 2000 with the Digital India Act. This new act will serve as the primary legislation governing cybersecurity, artificial intelligence (AI), and data privacy. It will work alongside the Digital Personal Data Protection Act, 2023,  creating a comprehensive framework to regulate digital activities.

In light of the increasing misuse of AI technologies like Generative AI and Large Language Models (LLMs), the Ministry of Electronics and Information Technology (MeitY) has issued several advisories. On India’s Cybersecurity Overhaul: Key Regulatory Updates. India is undertaking a significant overhaul of its legal framework to address the challenges posed by modern technologies. The Indian Penal Code (IPC),  Code of Criminal Procedure (CrPC),  and Indian Evidence Act have been updated and renamed as BNS, BNSS,  and BSB, respectively. These changes aim to modernize the legal structure and make it more relevant in the context of digital advancements.

One of the most significant upcoming changes is the replacement of the Information Technology Act, 2000 with the Digital India Act.  This new act will serve as the primary legislation governing cybersecurity, artificial intelligence (AI), and data privacy. It will work alongside the Digital Personal Data Protection Act, 2023,  creating a comprehensive framework to regulate digital activities. In light of the increasing misuse of AI technologies like Generative AI and Large Language Models (LLMs), the Ministry of Electronics and Information Technology (MeitY) has issued several advisories. On March 1, 2024,  and revised on March 15, 2024,  MeitY issued guidelines mandating intermediaries and AI platforms to:

  1. Prohibit users from posting unlawful content.
  2. Ensure AI-generated content is free from bias and discrimination.
  3. Protect the integrity of electoral processes.
  4. Label unreliable AI-generated outputs.
  5. Embed metadata in AI-generated content for traceability.

Earlier, on November 7, 2023, MeitY instructed social media platforms to identify and remove misinformation and deepfakes within 36 hours of reporting. Non-compliance could lead to the loss of intermediary protections under Section 79(1) of the IT Act. These regulatory efforts aim to curb the spread of misinformation, enhance content accountability, and ensure a safer digital environment, especially in the context of upcoming elections .On March 1, 2024,  and revised on March 15, 2024, MeitY issued guidelines mandating intermediaries and AI platforms to:

  1. Prohibit users from posting unlawful content.
  2. Ensure AI-generated content is free from bias and discrimination.
  3. Protect the integrity of electoral processes.
  4. Label unreliable AI-generated outputs.
  5. Embed metadata in AI-generated content for traceability.

 

Earlier, on November 7, 2023, MeitY instructed social media platforms to identify and remove misinformation and deepfakes within 36 hours of reporting. Non-compliance could lead to the loss of intermediary protections under Section 79(1) of the IT Act. These regulatory efforts aim to curb the spread of misinformation, enhance content accountability, and ensure a safer digital environment, especially in the context of upcoming elections.

Author: Ms. Vidushi Garg is Post graduate Student at Department of Comparative politics of people’s Friendship university of Russia.

Disclaimer – The views and opinions expressed in the commentaries/blogs/articles are those of the authors and do not necessarily reflect the official policy or position of the Forum for Global Studies.

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