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Legislative History of Information Technology Act -2000 (ITA 2000)

The legal history of ITA 2000 starts with the draft of E-Commerce Act 1998 made available some time in 1998 based on the UNCITRAL Model law on E-Commerce. Now with the passage of the Information Technology Act 2000 Amendment Bill in December 2008, the legislation has reached a significant stage in the development of Cyber Laws in India. During this journey, Naavi.org has been taking several steps towards disseminating information on the law through the website. These are collated in this section.


When the draft of E-Commerce Act 1998 became available on the net for the first time, Naavi was the first to take it up for public debate. The draft was put up on Naavi's website (naavi.com which is now being squatted) inviting public comment.

 Naavi also collated public comments through Netizen's Fourm to provide their suggestions which was then be sent to the Government of India for further action.

Naavi also wrote a book which became the first book on the subject in India so that some of the aspects of the Bill could be explained. (A free e-archive of the book is available here)

When the amendments were proposed in 2005 after the Gurgaon-Karan Bahree case and baazee.com episode, Naavi had again submitted recommendations for amendments.

When the final suggestions came from the "Expert Committee" constituted for the purpose of recommending the amendments, it was a shocker. Naavi again took upon the mission to educate the masses about the "Criminal Friendly" legislation sought to be passed. For some time the recommendations were put in cold storage.

However, this year after another Gurgaon BPO Case hitting the headlines, the proposed amendments have again been taken out of the cold storage and passed through the Cabinet Committee. It will be placed in the Parliament any time in November-December 2006.

At this point of time Naavi has again tried to place before the public his concerns on the proposed amendments which are contained in this section of the website.

Naavi

November 1, 2006


The Information Technology Act -2000 Amendment Bill was introduced in the Parliament on December 15, 2006. This was called the Information Technology Act Amendment Bill 2006. (ITAA 2006). This was also passed by the Cabinet Committee. However a standing committee of the Parliament under the chairmanship of Mr Nikhil Kumar aborted the final clearance with an emphatic rejection of many of the controversial propositions which Naavi.org had been pointing out for nearly two years. The Bill was therefore returned to the department of changes.

November, 1 2007


It is understood that the Ministry of Communications and Information Technology (MCIT) has prepared a new draft of the Information Technology Act 2000 Amendment Bill 2006 and will be tabling it in the next winter session of the parliament between October 17 to November 21, 2008. We hope that MCIT is addressing the concerns expressed by the Standing Committee while rejecting the bill at the first instance.

September 01, 2008

The Information Technology Act 2000 Amendment Bill is expected to be presented in the session starting on December 10th. In the meantime, the Mumbai terror attacks on 26th November has introduced a sense of urgency to amendments which address the issue of "Cyber Terrorism". (See comments here)

December 05, 2008

The Information Technology Act 2000 Amendment Bill was presented in the Parliament on 15th December 2008, passed in Loksabha on 22nd and in Rajyasabha on 23rd. There were no debates in either of the houses which were completely engrossed in the discussions around Mr A R Antulay's remarks on Mumbai terrorist attack. The Bill needs to get the Presidential assent and has to be notified. An analysis of the final Bill as passed would be presented when the copy of the Bill as passed is available in the public domain.

December 23,2008

The copies of ITA 2008 along with section to section comparison with ITA 2000 and ITA 2006 are now available on this site. This has been constructed out of ITA 2000 (as amended earlier upto 2003), the Information technology Amendment Bill 2006 presented in the Parliament on 15th December 2006, and the deliberations in Loksabha on December 22, 2008. Use the links in the left menu. These are the first copies of these documents available in India. The MCIT website also does not have current copies of ITA 2000 or the amendments.  In case you find mistakes, please inform naavi@vsnl.com.  We await information on Presidential assent and further rules and notifications.

December 26, 2008

ITA Amendment Bill 2008 was signed into an Act by the President on 5th February 2009, through a Gazette Notification

February 5, 2009

Current Status of ITA 2000 Amendments:

Government of India is now in the process of framing the rules which are required under the amendments. On completion of this exercise, the date of effect of the amendments would be notified. It is expected that this may be completed by end of  June 2009. Draft Rules are available presently here.

ITA 2008 Notified

After a long wait, finally the Information technology Amendment act 2008 has been notified for effectiveness with effect from October 27, 2009. As per the PIB release the notification covers rules pertaining to sections 52,54,69,69A,69B, and 70B has been notified. These relate to the Cyber Appellate Tribunal and CERT related provisions. These are the first notifications under the Amendment. We await further information and a copy of the Gazette notification for understanding the full impact of the notification.

Copy of the Gazette Notification is available here.

October 27, 2009

New Rules Notified

Rules were notified under Sections 43A (Sensitive Personal information), 79 (intermediaries), Cyber Cafe Regulations (also under Sec 79) and Section 6A (Electronic Service Delivery) on April 11, 2011. ( All rules are available here)

April 11, 2011

Clarification on New Data Protection Rules

GOI provided some clarifications on Sec 43A rules issued on 11th April 2011 essentially indicating that the responsibility for obtaining "Consent" would be on the body corporate that deals with the persons whose information is being collected. Similarly it was clarified that under Section 79, the interpretation of objectionable content would be left to the Courts. Refer here

August 24, 2011

Removal of Section 66A

After several arrests made by Police for posting of objectionable content on Facebook and Twitter, the Supreme Court considered the constitutional validity of Section 66A regarding whether the section violated the principles of Freedom of Speech guaranteed by the Indian Constitution. Simultaneously the validity of Section 79(3) under which intermediaries were required to remove objectionable content as well as the provisions of Section 69A on the powers of the Government to block websites were also considered. The Supreme Court came to the conclusion that Section 66A was violative of the Constitution under article 19(1) and upheld the validity of the other two sections with a read down of Section 79(3).  Refer here for details

March 24, 2015