Information Technology (IT) Act (2008) in India

Information Technology (IT) Act (2008) in India

The IT Act of 2000, the first big step to regulate cyber transactions, e-commerce and prevent computer-based crimes, was modified in December 2008, and received Presidential go-ahead in February 2009.

Known as The Information Technology (Amendment) Act, 2008, it harmonises various e-services, strengthens laws on cyber terrorism, recognises phishing as a crime, and for the first time, identifies child porn as a separate offence.

A rapid increase in the use of computer and internet has given rise to new forms of crimes like sending offensive emails and multimedia messages, child pornography, cyberterrorism, publishing sexually explicit materials in electronic form, video voyeurism, e-commerce frauds like cheating by personation etc. So, penal provisions were required to be included in the Information Technology Act, 2000.

The government, under Section 69A of the amended IT Act, can “block public access of any information generated, transmitted, received, stored or hosted in a computer resource” in the interest of sovereignty or integrity of India; defence of India; security of the state; friendly relations with foreign states; public order; and to prevent incitement to the commission of any cognisable offence relating to the above.

The amended Act has spread its net to tackle more offences, including cyber terrorism, Wi-Fi hacking, sending and viewing child pornography, video voyeurism, identity theft and even spam. But at the same time, it allows the government to intercept information and snoop on its citizens.

The original Act had effectively just one criminal Section 66 for cyber crime and it was widely worded, but vague. The new Act covers a range of crimes that attracts punishment from a three-year jail term to a life sentence.

Section 66F is the cyber terrorism and life sentence section. It applies in cases where wi-fi is misused to send terror mail. Any electronic activity that goes against the nation falls under this section.

Online child pornography or child abuse is a strict no-no under Section 67B, and would attract a prison term of five years for the first offence. Data theft is a criminal offence as well, and cyber law experts say punishing it would increase India’s standing across the globe.

With the virtual world shrinking, protection of data security and privacy assumed importance, as did protection of critical information infrastructure for national security. These areas were vulnerable under the old Act, said experts. Critics say the flip side is that it gives unfettered power to the government to monitor all e-traffic. The information could be misused, say cyber activists. The central government, though, says safeguards have been put in place to check misuse.