Monsoon Session 2024: DPDP Act, Broadcasting Services (Regulation) Bill, More Tech Issues To Take Centre Stage

Monsoon Session this year is poised to be a critical one, with significant implications for digital rights, privacy, and freedom of expression in India.

The Monsoon Session of Parliament commenced on Monday, marking the first session under Prime Minister Narendra Modi's third consecutive term. While Finance Minister Nirmala Sitharaman's Union Budget presentation and the ongoing discussions on the NEET paper leak case dominated the first couple of days of the Monsoon Session, several important technology-related issues will also hold a significant focus, as per the Legislative Brief, as seen by ABP Live. These range from the much-debated Digital Personal Data Protection Act (DPDPA), 2023 to the Broadcasting Services (Regulation) Bill, 2023.

Let's take a closer look:

Digital Personal Data Protection Act (DPDPA), 2023

The Digital Personal Data Protection Act, passed in the previous Monsoon Session, has yet to be implemented. The Ministry of Electronics and Information Technology (MeitY) plans a 45-day public consultation on the 21 draft Rules required to operationalise the Act.

Concerns have been raised about the sufficiency of this consultation period for thorough analysis and response. "Expected to be notified within the initial 100 days of the formation of a new Union government, MeitY is considering a 45-day public consultation on the 21 draft Rules it will reportedly release under the DPDPA, 2023.8 Such a short time frame may prove to be insufficient to understand, analyse, and meaningfully respond to the draft Rules," the Brief noted.

Telecommunications Act, 2023

The Telecommunications Act, a revised version of the 1885 Indian Telegraph Act, was passed amid significant parliamentary turmoil in December last year.

The Act grants extensive powers to government authorities, raising privacy concerns and uncertainty regarding its applicability to services like WhatsApp.

Sections of the Act have already come into effect, but critics argue it enables excessive surveillance without adequate oversight or safeguards. "In addition to allowing for excessive surveillance and suspension of internet services without adequate accountability, oversight, or necessary procedural safeguards, it misses a huge opportunity to introduce reforms and create a rights-centric law," the Brief noted.

Broadcasting Services (Regulation) Bill, 2023

The draft Broadcasting Services (Regulation) Bill, released for public consultation in November, extends regulatory control to OTT content and digital news, raising alarms about online free speech and journalistic freedom.

There are fears that executive control could lead to self-censorship by platforms to avoid penalties. "Exerting executive control over such content will lead to over-compliance and self-censorship on the part of platforms, who will be keen to avoid the wide discretion allowed to the government when it comes to punishments," the Parliamentarian Brief noted. "Risks around censorship of speech which is unpalatable to the Union government or politically influential and powerful communities, may become formalised if the Broadcasting Bill becomes a law of parliament."

Digitisation In Criminal Law Reform Bills

Three new criminal laws, aimed at decolonising British-era statutes, were passed with minimal debate in the 2023 Winter Session.

These laws, effective from July 1, 2024, emphasise the digitalisation of criminal procedures and include digital evidence under the evidence law.

However, the laws have faced criticism for retaining vague provisions akin to sedition, potentially allowing arbitrary application. "Overall, the laws do little to reform the criminal justice system, but instead introduce concepts and powers that threaten fundamental rights and freedoms," the brief noted.

This Monsoon Session is poised to be a critical one, with significant implications for digital rights, privacy, and freedom of expression in India.