Analysis Of Digital India Act Draft- Issues And Challenges
- IJLLR Journal
- 2 hours ago
- 1 min read
Aarushi Aggarwal, LLM, School of Law, IILM University, Greater Noida, Uttar Pradesh
ABSTRACT
The introduction of the Digital India Act (DIA) draft signals a move to update India’s aging cyber laws that currently fall under the Information Technology Act, 2000. Digital services, artificial intelligence, social media, and other technology driven services have seen explosive growth and a modern and comprehensive digital law is overdue. This paper engages with the draft Digital India Act critically with respect to its legal scope, structural changes, the reforms within the ambit of regulation vis-a -vis the constitution, global best practices, and the comprehensive digital goals of India.
The challenges in the draft include the nesting of ambiguity in streams of regulation, potential state overreach, risk to the right of free speech, lack of definitional clarity in data protection and user entitlements, and the lack of alignment with proposed data protection laws, varying regulations in different sectors, and the potential for the Act to lack coherence and enforceability. Through comparison with the EU’s Digital Services Act and the U.S. approach to regulation, the draft emphasizes the importance of a balanced legal framework that protects innovation and civil rights. This paper ends with policy.
Keywords: Cyber legal framework, Regulatory framework, Constitutional rights, Legal scope.
