INDIAN CYBERLAW HIGHLIGHTS -2012
ADVOCATE, SUPREME COURT OF INDIA
PRESIDENT, CYBERLAW INDIA
PRESIDENT, CYBERLAW ASIA
The year 2012 saw the emergence of various important issues which engaged the attention of the relevant stakeholders in the digital and mobile ecosystem.
1. The year 2012 saw unprecedented growth in the adoption of mobiles by sections of the Indian population.
2. This year saw the emergence of and further growth of new area of legal discipline known as “Mobile Law”.
3. The author wrote Asia’s and the world’s first treatise on mobile jurisprudence entitled “Mobile Law”, which was released in the beginning of 2012.
4. Throughout the year 2012, there was inherent tension amongst social media that efforts were being made so as to regulate and censor social media in India.
5. The year 2012 belonged to Section 66A of the Amended Information Technology Act, 2000
6. Various cases registered under Section 66A of the Amended Information Technology Act, 2000 including Prof. Ambikesh Mahapatra case, Karthi Chidambaram complaint case, employees of Air India case, Shaheen Dhada case, the birthday cake case.
7. The widespread rampant, arbitrary misuse and misinterpretation of Section 66 of the amended Information Technology Act, 2000 saw tremendous opposition to Section 66A of the amended Information Technology Act, 2000
8. Public Interest Litigations challenging the constitutionality of Section 66A were filed in the Madras High Court as also in the Allahabad High Court
9. Public Interest Litigation was filed under Article 32 of the Constitution of India by a law student before the Supreme Court of India challenging the constitutional validity of Section 66A
10. Supreme Court quashed the proceedings against Avnish Bajaj, the then CEO of baazee.com under Section 67 of the Information Technology Act, 2000 in the famous DPS MMS/ baazee.com case.
11. Various websites were blocked by orders issued by the Department of Telecommunications, Ministry of Communications & Information Technology, Government of India
12. Annulment Motion was moved unsuccessfully in Parliament against the Information Technology Rules, 2011.
13. Cyber terrorism and mobile terrorism knocked the doors of Indian nation in very real terms
14. Cyber war was waged on India, in the manifestation of Bangalore SMS rumours, disseminated through digital and mobile networks
15. In a different context, the Northern Grid failure demonstrated to India the potential consequences that could visit India in the events its Critical Information Infrastructure like Grids were to be hacked or attacked from any outside computers or networks
16. Controversy surrounded Committee for Internet Related Policies (CIRP) proposal moved by India in United Nations.
17. WCIT Conference at Dubai held by International Telecommunication Union (ITU) , attended by India, created its own share of controversies.
18. Government of India also notified the guidelines for social media use in governmental agencies
19. The Nirmal Baba case judgment of the Delhi High Court demonstrated the ingenious methodologies adopted by Indian judiciary to deal with the challenges pertaining to cyberspace.
20. In an important case pertaining to Sri Sri Ravisankar’s defamation on the Internet, the Delhi High Court reiterated the liability of intermediaries in the context of online defamation and their obligation to remove such content
21. India continued to recognize the liabilities of intermediaries
22. There were significant developments in the area of John Doe/Ashok Kumar jurisprudence in India.
23. Planning Commission’s group, headed by Justice A.P. Shah, former Chief Justice of Delhi High Court, gave its recommendations on the need for an Indian privacy legislation
24. Majority of Indians preferred not to report their cyber crimes to the police.
25. Further registration of FIRs in cyber crime cases were further less and far between.
26. Mobile crimes continue to grow in India
27. The year 2012 also created increased awareness amongst relevant stakeholders about inefficacy and inadequacy of Indian Cyberlaw to deal with various newly emerging challenges in the digital and mobile ecosystems.
The author Pavan Duggal is Asia’s leading Cyberlaw expert and authority. He can be contacted at email@example.com and firstname.lastname@example.org.