IOA's IT act study addresses laws on pornography, sedition & fraud

MUMBAI: The Internet & Online Association (IOA) has released a study which includes a review, analysis and recommendations of the Information Technology Act, 2000, the Indian Penal Code, 1860 and the Consumer Protection Act, 1986 with specific references to laws governing pornography, sedition & fraud.

IOA is a not-for-profit organization registered under the Societies Act, 1896. It has been created specifically to address the issues, concerns and growth related to online media, advertising, e-commerce and wireless / mobile advertising, plus challenges of the Internet economy and takes a leading role in its development.

IOA undertook the study with a view to analyse the existing legal framework and assess the anomalies that threaten to arise in the event of application of laws rooted in traditional concepts of property, media and crime to the ever evolving technology and the Internet. These anomalies threaten the very existence of the nascent and emerging e-economy and thereby impose an extremely high cost of participation for the stakeholders, informs an official release.

The review revealed that the application of the general law to these media gave rise to undesirable results, which may result in patent injustice. Further, it revealed that the existing laws governing information technology are based on a very strong conceptual understanding of the nature of the media, its actual working demanded considerable changes.

Internet & Online Association president Preeti Desai said, "Majority of cyber crimes worldwide are regarding pornography, sedition and fraud and hence the initial study with a stringent deadline was also focused on the same. We would like to work along with government in organizing "Educative Seminar/(s) on the application of IT Act 2000 to Cyber Crime in India" as we strongly recognize that a legal solution and amendments by themselves will not resolve misinterpreted 'injustice' as the evolving technologies will continuously challenge our judicial systems."

Amarchand Mangaldas managing partner Shardul Shroff said, "The absence of clarity is a deterrent to the business environment. The cyber world and cyberspace has created a borderless world and this necessitates a universalisation and commonality of standards and legal concepts to be applied so that India does not become an isolated island excluded from e-commerce activity. Legal uncertainty is detrimental to the comparative advantage of India, as a leader in the world of Information Technology and such a disadvantage ought to be urgently neutralized. The attempt of the Sub-Committee on Legal Issues is directed to this end."

The study has been prepared by law firm Amarchand & Mangaldas & Suresh A Shroff & Co. for IOA.

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