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Wednesday 12 October 2022

Digital Society Day 17/10/2022 Images

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The date of October 17 is very important to many people in India, who look into future and speak up for the progress of the country. On this day they observe Digital Society Day, that was created to commemorate the passage of the Information Technology Act in 2000.

The Information Technology Act 2000 is the primary law in India dealing with cybercrime and electronic commerce. Under the Act electronic records and digital signatures are recognized. It also defines cybercrimes and prescribes penalties for them. There are many offenses listed in the Act, including hacking into computer system, use of passwords of others, publishing private photos of others etc. It was passed on October 17, thus this day became the date of the modern observance.

The Act became crucial for development of the digital society, since it enabled all contracts to be formed and supported in digital form. On this day the e-commerce of India came to a higher level of its existence.

The very first organization that undertook specific actions related to fulfillment of the objectives of the Act was Cyber Law College. It also was the first to recognize Digital Society Day. The formal celebration of this day was started only in 2006 at Bangalore, where the event was organized by Digital Society Foundation. Since the first year of celebration the Foundation annually holds special activities and events.

October 17th each year since 2000 has been a day to remember as the day when the Indian Digital Society was born.

Just as India existed from time immemorial but we celebrate August 15 as the day of our independence, Digital India was in existence before October 17 2000 in small parts but got legal recognition with the notification of Information Technology Act 2000. (ITA 2000).  A substantial amendment in December 2008 released a new version of ITA 2000 which became effective from the notification made with effect from 27th October 2009 and acquired more clarity on April 11 2011 with the notification of Reasonable Security Practices under Section 43A and the Intermediary Guidelines under Section 79.

Now Government of India is talking of a “Digital India Act” which is contemporaneous with the current digital world where Social Media Intermediaries, Artificial Intelligence, Meta Verse, E Commerce, Quantum Computing etc were not in existence when ITA 2000 was conceived.

Though the withdrawal of PDPB 2019 did cause a temporary set back in the industry expecting a new set of data protection laws, it re-iterated the importance of ITA 2000 as the current operating Data Protection Law in India since Section 43A and Reasonable Security rules (or  Sensitive Personal Data Protection Rules) continues to exist.

We today speak of 5G and  how it can transform India into a new era of “Digital India” and are proud that  we are leaders in the digital payments with 40% market share in the world for digital payments.  We recognize that the Launch of ONDC-Open Network for Digital Commerce could transform the small business sectors and onboard them on to Digital services. Today even the Supreme Court proceedings are streamed online closing the gap between the common man and the highest judiciary.

All these developments show that Digital India is truly booming.

We must however remember that prior to October 17, 2000, we did not even recognize an electronic document legally and could not authenticate an electronic document digitally. There was no concept of a judicially recognized digital contract though there were technological innovations like the ATM, Net Banking and Demat Shares in use.

But  October 17, 2000 transformed the situation in India with the notification of ITA 2000. The electronic document, Digital Signature and the Digital Contract got legal recognition and  the Digital Society of India was born.

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