E-Commerce Laws In India

Electronic commerce in India (E-commerce in India) has slowly and steadily entered the Indian market. Toady from tickets booking to purchasing of good and services, everything happens in an online environment.

Of course, where commercial transactions occur, disputes and differences are bound to occur. To prevent and resolve these disputes we need norms, regulations and laws that are acceptable to all the stakeholders.

The e-commerce law of India is primarily incorporated in the information technology act, 2000 (IT Act 2000) that takes cares of legal obligations of both sellers and buyers of good and services in cyberspace.

The IT Act 2000 prescribes rules and norms for online contract formulation. The traditional concepts of offer, acceptance etc, as applicable under the contractual laws, have also been covered by the IT Act 2000. The only difference is that they have been customised as per the requirements of cyberspace.

However, e-commerce transactions and contracts also attract certain additional legal liabilities that e-commerce players in India are not very much aware. For instance, very few e-commerce players in India are aware that they are “intermediaries” within the meaning of IT Act 2000.

Further, other laws, including intellectual property laws, make these e-commerce players labile for civil and criminal actions. For instance, these e-commerce players can be held liable for online infringement of copyright in India of the copyright owners.

Similarly, if any person posts an offending material at the e-commerce site or otherwise deal with the e-commerce site in an illegal manner, the e-commerce site owner may find himself in trouble.

Cyber law due diligence in India is one aspect that all e-commerce site owners must frequently engage in. The present laws of India are stringent in nature and subsequently claiming ignorance of such laws would not make much difference.

Perry4Law and Perry4Law Techno Legal Base (PTLB) strongly recommend that before opening an e-commerce site or business, the owner of the same must consult a good techno legal law firm that can advice him upon all the possible and applicable aspect of e-commerce laws in India.

Social Networking Laws In India

Social networking in India has increased tremendously. This has also given rise to many legal issues as well. Most of these legal issues are related to online acts or omissions that are resulting in giving rise to civil and criminal liabilities.

Laws ranging from intellectual property rights (IPRs) to information technology laws are applicable to social networking acts or omissions in India. The growing demands for cyber due diligence in India has further necessitated for adopting of a sound social networking policy in India by various stakeholders.

Social networking media is an “intermediary” within the meaning of Indian information technology act 2000 (IT Act 2000). Thus social networking sites in India are liable for various acts or omissions that are punishable under the laws of India. For instance, social networking sites are liable for online IPRs violations, including online copyright violations in India.

Although we have no law on the lines of online copyright infringement liability limitation Act (OCILLA) of United States yet the “safe harbour” provisions protecting intermediaries are not available under certain conditions as per Indian laws. Social networking sites must be aware of these limitations while operating in India.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we have been spreading public awareness about social networking issues in general and cyber laws in particular. We hope that social networking sites would be cautious while operating in India.

Social Media Policy Of India

Social media is playing an important role these days. Educated citizens are freely and openly airing their views on social media platforms. Many times such views are critical in nature that point to the shortcomings of governmental polices and functioning.

Obviously, governments cannot afford to take such criticisms casually. This is the reason why many countries have social media policy at place. India has no social media policy for governmental departments and its employees. Still many governmental employees are using various social platforms to express their views.

For the first time, a social media framework and guidelines for Indian government organisations has been suggested. However, keeping in mind the past record of Indian government, this may be another proposal that would not be fulfilled.

However, Indian government cannot take the social media policy casually. Information and communication technology has changed the way we communicate and share information. Social media is disruptive and potentially revolutionary in nature because it can connect large numbers of people with relative ease. Thus, it becomes important for the governments to have a separate social media wing that can communicate with its citizens in a timely and friendly manner.

The aim of any future social media policy of India must be to put citizens firmly at the centre of government service delivery and information distribution. Social media technologies can support this aim because they are intrinsically about dialogue and engagement within and between individuals and communities.

Perry4Law and Perry4Law Techno Legal Base (PTLB) have already started initiatives that can rejuvenate citizen to government (C2G) participation in India. In fact, Perry4Law and PTLB have already started the exclusive C2G LPO and KPO services in India.

We hope that sooner we would have an Indian social media policy that can cater the requirements of Indian citizens in the best possible manner.

Framework And Guidelines For Use Of Social Media For Government Organisations

The recent agitation and public outcry for the passing of Jan Lokpal Bill of India 2011 has shown the power of “Collective”. Indian Government has realised that “Collective Wisdom” and “Strength of Public” cannot be Controlled or Suppressed.

Now it is also clear that mere “Promises” and “Proposals” would not fool Indian Citizens any more and “Actual Implementation” would be “Forced” upon the Indian Government if it keeps on linger implementation of the same for long.

Although proposals for including the Citizens of India within the fold of “Decision Making” was mooted previously as well, but they were merely “Proposals” with no actual implementation. Till now we have no Legal Framework or Regulation that can Empower Citizens to “Participate” in Decision Making process and the same proved to be a “Political Gimmick” only.

Similarly, proposals regarding providing of Electronic Delivery of Services to Indian Citizens were given from time to time, but the ultimate Draft Electronic Delivery of Services Bill, 2011 proved to be a “Mockery” of this Principle. The ultimate EDS Bill 2011 proved nothing more than “Legal Jargon” with no actual “Empowerment” of Indian Citizens.

Now Indian Government has come up with another “Proposal” that may or may not receive the same fate as has been faced by Citizen’s Participation and Electronic Delivery of Services initiatives of Indian Government. A new Framework for use of Social Media by Governmental Organisations has been suggested by the Department of Information Technology (DIT).

This is not the first time that any such Framework has been suggested by any country. Other countries have already suggested such Framework but they are actually implementing the same. Can India implement the same is the big question and only time would answer that question.

Now Home Ministry Of India Is Opposing UIDAI

The unique identification project of India (UID project of India) or Aadhar project of India is one of the projects that are openly violating the provisions of Indian constitution. Techno legal experts of India have even declared Aadhar project of India as illegal and unconstitutional.

Even on the non legal side, Aadhar project is not supported by any project analysis and management. Hard earned public money is literally wasted by Indian government without any parliamentary oversight. Surprisingly, the unique identification authority of India (UIDAI), led by Nandan Nilekani, is openly operating to the great detriment of Indian constitution and civil liberties.

Now even the Home Ministry of India has raised concerns that a fresh proposal of the UIDAI to independently collect biometric details could lead to duplication of effort and lead to wastage of public funds.

The Cabinet had earlier mandated the census commissioner to create the national population register (NPR), a biometrics-based identity system. This required the census commissioner to create a data-base of all residents through door-to-door enumeration and pass this database to UIDAI that will take care of duplication and issue number of each unique resident.

In a proposal set to come up before the Cabinet soon, the UIDAI had asked for over Rs.14, 840 crore to fund the authority's effort to independently create its own database of all residents over five years. Asked, home minister P Chidambaram said the UIDAI had been given permission by the Cabinet to collect biometrics of a limited number of cases till the NPR was completed.

"Now I think UIDAI is bringing paper to the Cabinet Committee of UID. The home ministry, the Planning Commission and others have given their comments," Chidambaram said, adding that no decision had been taken so far by the Cabinet Committee. "When the Cabinet Committee takes a decision, I will tell you what the decision is," he said.

Government officials said the census commission has already completed the task of collecting forms from all residents. So far, biometrics of 30 lakh people have been captured, the home minister announced in his monthly report to the people. Officials said the law did not permit them to use the data collected by the UID for its NPR.

CCTNS Project Of India To Be Launched Shortly

Crime and Criminal Tracking Network and Systems (CCTNS) Project Of India (CCTNS Project of India) is a serious effort on the part of Home Ministry of India to modernise the law enforcement functions in India. Although the modernisation efforts are in the pipeline yet they have not still matured fully.

At Perry4Law and Perry4Law Techno Legal Base (PTLB) we believe that cyber police reforms in India are urgently required. However, there is a void that has to be filled by Home Ministry before India can have a capable techno legal police force. PTLB has been managing a techno legal ICT training centre for police force that intends to fill this void and make our police force techno legal in nature.

A trained cyber police force of India is also required to effectively manage ambitious projects like CCTNS project of India. Further, if we talk about the national intelligence grid (Natgrid) project of India as well, we would also require intelligence gathering skills development in India.

The Union Home Ministry will launch its ambitious CCTNS project, as a pilot project, from September 1 in Assam, Kerala and Uttar Pradesh. This is only a trial run where they will use the software in the States to connect all the police stations and enable the police to track criminals in real time.

The National Crime Records Bureau (NCRB), the nodal agency for the CCTNS, will launch pilot phase in the three States. As the NCRB does not have requisite capability, other experts would help it in achieving this task. Other checks on safety and quality will also be carried out during the pilot phase.

Once implemented, the CCTNS will facilitate collection, storage, retrieval, analysis, transfer and sharing of data and information between police stations, their state headquarters, central police organisations and other security agencies. Information on any case, right from an offence being registered to its investigation and prosecution will be available on a secure network at the click of a button.

Further, this capability of CCTNS project would also be added to the Natgrid Project thereby making information held by 21 databases available to security agencies. This includes immigration records, airlines, mobile, bank and credit card transactions and travel details creating a maze of rich data that would enable 11 intelligence and investigation agencies to launch hot pursuit of a criminal.

The CCTNS also offers benefits for ordinary citizens. It is expected to simplify the process of registering and tracking petitions and First Information Report (FIR), giving access to general services such as requests for certificates, verifications and permission, registering grievances against police, tracking the progress of a case during trail and access to reports for stolen or recovered vehicles and property through a citizen interface.

Why E-Courts In India Failed?

Electronic courts in India (e-courts in India) have been discussed in India for long but till now we are still waiting for the establishment of first e-court in India. From time to time it has been reported that e-courts have been established in India but none of these claims are true.

There is no doubt about the proposition that e-courts infrastructure in India needs urgent rejuvenation. The so called e-courts project of India has failed to materialise and Indian government must seriously think in this regard.

To start with, we must stress upon e-courts skills development in India. At Perry4Law and Perry4Law Techno Legal Base (PTLB) we believe that without adequate techno legal e-courts skills, the e-courts project of India would never materialise.

Realising this crucial shortcoming, Perry4Law and PTLB have even established the exclusive techno legal e-courts research, education and training institution of India and the world. The e-courts centre of PTLB provides many techno legal e-courts related services that can help in the successful implementation of e-courts project of India and other jurisdictions.

Indian laws and judiciary can become more user friendly through use of e-courts. Speedier justice through e-courts way is the future of Indian judicial system that has been ignored for long. Time has come to give e-courts a serious consideration, preferably on a public private partnership model.