The government likely to introduce penalties of up to ₹500 crore for violations of the provisions outlined in the Digital India Bill, according to insider sources.
The proposed Bill grants the Centre the authority to empower any government agency to oversee and gather traffic data generated, transmitted, received, or stored in any digital system to bolster cybersecurity. Additionally, it seeks to identify, analyze, and prevent intrusions or the spread of malware or viruses.
The Ministry of Electronics and Information Technology (MeitY) has been diligently crafting the draft of the Digital India Bill to replace the current IT Act, which was enacted over 22 years ago during the early days of the internet.
According to one source, “The Digital India Bill is likely to incorporate a provision for penalties of up to ₹500 crore for entities that fail to meet their obligations.”
The actual penalty amount will be determined by the proposed Digital India Authority, which will be responsible for addressing grievances, as per sources. However, the authority is expected to consider various factors, including the severity of the breach, the number of affected users, and the duration of the impact, before arriving at a final decision regarding the penalty.
Disputes arising under the proposed Act are unlikely to fall under the jurisdiction of civil courts. Entities dissatisfied with the resolutions provided by the Digital India Authority may have the option to challenge them before the Supreme Court, sources disclosed.
The anticipated Bill is likely to establish and define various types of harm that victims may encounter in the digital realm. It is expected to specify offenses such as doxing, cybersquatting, astroturfing, and dog-whistling, among others, and prescribe penalties for them.
The Bill is also anticipated to introduce regulations to manage the development and deployment of emerging technologies, particularly in response to the challenges posed by the advancement of artificial intelligence, according to sources.
