Lok Sabha Question No. 2207 (UNSTARRED), answered on 2020-03-04
Subject: Digital Safety of People
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Sanjay Kumar Bandi, Komati Reddy Venkat Reddy

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA UNSTARRED QUESTION NO. 2207

TO BE ANSWERED ON: 04.03.2020

## DIGITAL SAFETY OF PEOPLE

## 2207.  SHRI BANDI SANJAY KUMAR: SHRI KOMATI REDDY VENKAT REDDY:

Will the Minister of Electronics & Information Technology  be pleased to state:- whether  the  Government  is  aware  of  the  need  to  increase  the  digital  safety  of  the  people, especially  women  and  children  and  if  so,  the  details  thereof  and  the  action  plan  of  the Government thereon?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI SANJAY DHOTRE)

Cyberspace, being a complex environment of people, software, hardware and services on the Internet,  has  distinct  and  unique  characteristics  as  compared  to  physical  space.    The cyberspace is virtual, borderless and offers anonymity. In the recent years, social media and mobile eco-system have emerged as one of the important public communication channels. It brings social groups together in one virtual place for interaction in real time.  Off late, use of social  media  has  been  seen  all  over  the  world  as  a  key  tool  by  criminals  and  anti-national elements  to  commit  cyber  crime  especially  against  women.  With  a  borderless  cyberspace coupled  with  the  possibility  of  instant  communication  and  anonymity,  the  potential  for committing cyber crime through the use of social media and internet is higher than ever in the country, like elsewhere in the world.

Government is cognizant of digital safety of people and has taken several steps that inter alia , include:

- (i) There are adequate legal provisions to deal with digital safety of persons particularly women  and  children.  The  Information  Technology  (IT)  Act,  2000  has  adequate provisions  to  deal  with  prevalent  cyber  crimes  including  the  ones  related  to  women. Sections 66E, 67, and 67A of the Act provides for the punishment and fine for violation of  privacy  and  publishing  or  transmitting  of  obscene/sexually-explicit  material  in electronic form. Section 67B of the Act specifically provides stringent punishment for publishing,  browsing  or  transmitting  child  pornography  in  electronic  form..  Further, sections 354A and 354D of Indian Penal Code provide punishment for cyber bullying and cyber stalking. Also Protection of Children from Sexual Offences (POCSO) Act, 2012 provides for stringent punishment for using child for pornographic purposes and for storage of pornographic material involving child.
- (ii) Information Technology (Intermediary Guidelines) Rules, 2011 notified under section 79  of  the  IT  Act  require  that  the  intermediaries  shall  observe  due  diligence  while

discharging their duties and shall publish the rules and regulations, privacy policy and user  agreement  for  access  or  usage  of  the  intermediary's  computer  resource  by  any person;    inform  their  users  not  to  host,  display,  upload,  modify,  publish,  transmit, update  or  share  any  information  that    is  grossly  harmful,  harassing,  obscene  and invasive  of  another  privacy  or  otherwise  unlawful  in  any  manner  whatever.    The intermediary  shall  publish  on  its  website  the  name  of  the  Grievance  Officer  and  his contact details to address the grievances received from users and affected individuals / organizations.

- (iii) Ministry  of  Home  Affairs  (MHA)  has  launched  an  online  national  cyber  crime reporting portal, (www.cybercrime.gov.in) to enable complainants to report complaints pertaining  to  all  types  of  cyber  crimes  with  special  focus  on  cyber  crimes  against women and children.
- (iv) Government  periodically  blocks  the  websites  containing  extreme  child  sexual  abuse material  (CSAM)  based  on  INTERPOL's  'worst  of  list'  received  through  Central Bureau of Investigation (CBI), the national nodal agency for Interpol in India.
- (v) Government  has  issued  direction  to  concerned  Internet  Service  Providers  (ISPs)  to work out a suitable arrangement for receiving Internet Watch Foundation (IWF), UK list  of  CSAM  websites/webpages  on  a  dynamic  basis  and  block  access  to  child pornography webpages/websites.
- (vi) National Commission for Protection of Child Rights (NCPCR) has published a booklet on  'Child  Victims  of  Cyber  Crime  -  Legal  Tool  Kit'  as  a  guide  for  investigating officers for better understanding of the cyber crime related laws in simple language.

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