A draft of a modified Intermediary guidelines under Section 79 of ITA 2000/8 was released on 24th December 2018, modifying the earlier guideline of 11th April 2011. Public comments were called for on the draft until 31st January 2019. Now the consolidation of comments running to 609 pages has been released by Meity. Counter comments can be sent on these comments until 14th February 2019 after which Government may proceed to finalize the draft.
The copy of the consolidated report is available here.
Naavi’s views has been provided under the banner of FDPPI which is available at pages 21-28.
It is heartening to note so many responses being filed and with a detailed analysis. The response seems to vindicate my earlier view that what we are seeing is the second awakening in the industry about the presence of a law called Information Technology Act 2000 and its implications on the functioning of the industry. The law came into being on 17th October 2000 but most people in the industry ignored. It was only in 2011 when Section 43A rules were published, that the industry woke up to the existence of the law.
Now the Management localization and the automated tools suggested in the rules have been noticed by the industry and there is some effort to record their views.
Several advocates have placed their views invoking “Constitutional Issues” repeatedly and quoting the Puttaswamy judgement.
We will try to highlight some of the salient suggestions that have been made in the comments in due course.
To start with we draw the attention of the industry professionals to the specific suggestions made in the FDPPI comments particularly the idea of developing an “Intermediary Dispute Resolution Policy” and implementing it through accredited dispute resolution agencies on the lines of the ICANN control on domain names.
The advantages of such a system will be discussed in subsequent articles.