Information Technology Law and Miscellaneous Statutes
IT Act, 2000
Gives legal recognition to electronic records and signatures: s.4 (electronic records), s.5 (signatures), s.10A (validity of contracts formed electronically). Certifying authorities and the Controller regulate digital signatures. Intermediaries obtain safe harbour under s.79 on complying with due diligence, now detailed in the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Shreya Singhal v Union of India struck down s.66A for vagueness; s.69A blocking and s.69 interception survive, along with s.72 confidentiality.
Offences
ss.43 and 66 cover damage and hacking; 66C identity theft; 66D cheating by personation; 66E privacy violation; 66F cyber terrorism; 67 obscene material; 72A disclosure of intercepted information. Adjudicating officers act under s.46.
RTI Act, 2005
Public Information Officers must respond within 30 days, or 48 hours where life or liberty is involved. Section 8 lists exemptions; s.24 exempts intelligence agencies. First appeal lies within 30 days, then a second appeal to the Information Commission.
Arbitration and IBC
Arbitration and Conciliation Act, 1996: s.34 grounds for setting aside awards are narrowly construed, not an appeal on merits; s.11 covers appointment of arbitrators. IBC, 2016: CIRP triggered by a financial or operational creditor, NCLT as adjudicating authority, resolution professional, 330-day outer limit, liquidation as last resort.
Worked example
A social media platform removes unlawful content after a court order and appoints a grievance officer. Under s.79 read with the 2021 Rules it retains safe harbour; failure to appoint the officer or to respond within the prescribed time forfeits protection.
Traps
Safe harbour fails if the intermediary initiates transmission or modifies content; RTI does not reach private bodies; a s.34 challenge is not a merits appeal.