With mobile phones now essentially serving as personal computers, proposed amendments to the Information Technology Act, 2006, specify that transmitting offensive or menacing text, audio, or video can result in two years of imprisonment. This punishment also applies if the content is false and intended to cause annoyance, inconvenience, danger, or insult.
Furthermore, using a cellphone to impersonate and cheat someone can lead to five years of imprisonment.
The need to define "communication device" in the proposed amendments arose because the current law does not specify which devices fall under this category. The amended IT Act clarifies that a cellphone or a personal digital assistant (PDA) is considered a communication device, allowing legal action accordingly.
In light of various scandals over the past two years, including the arrest of a prominent portal's CEO, the government has introduced new cybercrimes under the proposed law. The amended Act, presented to the Lok Sabha during the recent winter session, excludes network service providers from liability for third-party actions. However, it criminalizes cyber stalking, cyber defamation, and cyber nuisance, with offenders facing up to two years in prison.
The proposed changes also suggest amendments to the Indian Penal Code, declaring identity theft an offense. If a person cheats using another's electronic signature, password, or other unique identification, they face two years of imprisonment and fines.
An additional amendment proposes Section 502A, stating that anyone who knowingly captures, publishes, or transmits an image of a person's private area without consent will be punished with two years of imprisonment and a fine of Rs 2 lakh. This applies whether the private parts are naked or covered by undergarments.
The amendments aim to make the law more technologically neutral, including the authentication of electronic records by various electronic techniques. Currently, electronic records are authenticated by digital signatures using public key infrastructure (PKI). The new provisions will also allow biometric factors like thumb impressions or retinal scans for authentication.
While these changes address gaps in the current IT Act, they also reduce the punishment from three years to two years. Consequently, cybercriminals will now have the right to bail upon arrest.
