Social Media Misuse & Indian Cyber Law

Author: Swapnesh

Posted on: Friday,October 11, 2019

IT Law or cyber law is the law that regulates the area of information technology. It refers to any internet-related activity by any device like mobile phones, laptops, and computers. Laws of the cyber world are concerned with legal informatics and also control and watch over the information security on the internet, software, circulation of information security, and web-based economy and commerce. 

Intellectual property, the privacy of data, bonds, protection of privacy, and data are crucial elements of the cyber laws of India. The aspect of a software license is still developing and controversial. 

The cyber laws of India give legal recognition to construction that supports e-commerce transfer and transactions. It also helps electronic documents and accounts for them.

 

Aspects of Cyber laws in India

Copyright

Creative work is an asset for a company that wishes to make a profit from it solely. Copyrights are reserved for the company that has created the work or content. The cyber laws in India protect the interest of the creator. The Internet has provided a way for the smooth flow of information and thus made it easier for the wrongdoers to steal work, but the cyber law in India helps in regulating them.

Fraud

Online fraud can be devastating, mentally, and economically. The cyber laws in India are formulated to restrict identity theft and credit card theft. It covers all the financial crimes that are online frauds. The consumer can file a cyber case against the fraud. The criminal may be subjected to confederate and state criminal laws.

Stalking and Harassment

Cases of online stalking and harassment are easy to find these days. Harassment can range from as mild as sending explicit pictures to continuous and uninterrupted threats. It can emotionally and psychologically challenge a person’s sanity. This is against both criminal and civil laws.

Trade

Cyber laws in India help the companies to safeguard their trade secrets and maintain their interest. They can take legal actions on the grounds of cyber laws against cybercriminals who have intervened in the secrecy and privacy of commerce, trade, and economy of the company.

Freedom of Speech

The cyber laws in India help in maintaining the dignity of the internet. Regulating the content online and filtering out any obscenity.

Terms and Conditions

The Contract that you agree on when a website shows the list of its terms and conditions is also a cyber law. It informs you about the agreement. The cyber laws in India help to protect the privacy concerns of both parties.

 

Cyber Lawyers

Cyber lawyers are such professionals that help in prosecuting or defending his/her client in any case regarding the violation of cyber laws in India. Collects evidence online and protect people, guide companies for a robust legal backbone for the cyber laws and their regulations.

Why are the Cyber Laws Important?

The cyber laws of India keep an eye on all online activities that take place on the internet. It cleanses the web.

1. It maintains the security of data and intellectual property.

2. It makes the transaction, transfer of money via internet-based mediums.

3. It helps in stopping the online frauds from reaching the consumers.

4. Identification and digital signature are given recognition and validity.

5. It tackles with the cases of harassment and stalking. The cyber laws in India make the internet a safer place in the mental and sexual context.

6. The cyber laws in India help in creating a robust legal infrastructure for the companies that are concerned with the internet-based activities.

 

What are Cyber Crimes?

Any criminal activity over the use of a network and a computer or any device is a cybercrime. The term cybercrime refers to any crime that is computer oriented and happens over the internet. They are committed with an intention to harm a group or an individual mentally, emotionally, psychologically, or economically. It also aims to defame a person or affect his/her reputation.

1. Identity theft: it is easy to be someone else on the internet. Cybercriminals steal away personal information of a person and intervene in their secure sphere of data. They will take your data and identity to perform a criminal activity in the name of the innocent.

2. Phishing: cybercriminals obtain access to personal information, accounts, and computer by sending email attachments through fake emails. Such emails do not appear as flags and often shows it is concerned with serious issues like billing, change of password, etc.

3. Online scam: with the fake promise of prizes, awards, and sums of money, scams fool you and interactively steals your information.

The rates of registered cyber crime cases in India increasing at high speeds. There were 11,592 cases in India under the information technology act or cyber laws in India.

Cyber Crime Investigation Cells

Cybercrime police stations and investigation cells are set up for investigation for any cybercrime in India.

These cells are present in New Delhi, Mumbai, Noida, Hyderabad, Rajasthan, and Punjab.

You can file a complaint in these cells for the violations of laws.

 

Information Technology Act

ITA-2000 is an act that was passed by the Indian Parliament on 17 October 2000. The Act was signed by the then Minister of Information Technology Pramod Mahajan. It is formulated to enforce laws that deal with cybercrime and economy that is internet-based. It was made base on the recommended UNCITRAL Model Law on International Commercial Arbitration. The United Nations approved it. 

The Act had 94 sections formerly.

The Information Technology Act supports e-commerce, trade, and digital identity.

There have been amendments in the cyber laws in India after the IT act was enacted. An amendment came in 2008 that introduced section 66A. The section stated that sending ‘offensive messages’ a punishable action. It brought laws regarding child porn, voyeurism, and cyber-terrorism. Section 69 was also implemented, entitling the authorities the power to monitor and decrypt any information by any computer device.

Everyone should behave responsibly on the internet and be careful. Cyber laws in India are working to keep us safe and secure on the web, but the awareness about such provisions should be propagated to develop a healthy society online.

 
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These articles are provided freely as general guides. Do not rely on information provided here without seeking expericed legal advice first. If in doubt, please always consult a lawyer.

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