In recent times the evolution of cyber laws has picked up momentum, primarily because of new and emerging technologies. However, just as with any other law, the same is also strengthened and substantiated by judicial precedents and judgements. Recently Delhi High Court has heard a matter between Tata Sky and Linkedin, where the court has asked them to present their Chief Grievance Officer details and SoP per the intermediary guidelines 2021.
Furthermore, in another news, officials from RBI and Meity have been summoned by the Parliamentary Standing Committee in order to address the rising issues of cyber securities and cybercrimes in India. This comes on the very first day of the monsoon session of the parliament this year. As we move towards the aspects of digital India, addressing these concerns are of utmost importance to safeguard the Indian Netizen.
Tata Sky changed its name to Tata Play last year and has since then made its advent in the OTT sector as well. As the rebranding took place, the company was very cautious of anyone using the name Tata Sky in a bad light. Tata Play found that a lot of people on Linkedin had posted their work experience in Tata Sky for multiple years, as any new recruiter cannot verify the same. This poses a misappropriation of the brand’s name. This issue was reported to Linkedin multiple times by officials of Tata Play, but no significant action was seen. This led to an issue between the two brands; hence, a matter has been filed in front of the Hon’ble Delhi High Court to address the issue. The court has taken due cognisance of the issue, and hence in accordance with the Intermediary Guidelines 2021, the court has directed Linkedlin to provide the details of their Cheif Grievance Officer in the public domain and also to share the SoP for the redressal of issues and grievances. The guidelines made it mandatory for all intermediaries to set up a dedicated office in India and appoint a Chief Grievance Officer responsible for effective and efficient redressal of the platform-related offences and grievances within the stipulated period.
The job platform has also been ordered to share the SoPs and the various requirements and safety checks for users to create profiles over Linkedin. The policy of Linkedin is focused towards the users as well as the companies existing on the platform in order to create a synergy between the two.
RBI and Meity Official at Praliament
As we go deeper into cyberspace, especially after the pandemic, we have seen an exponential rise in cybercrimes. Based on statistics, 4 out of 10 people have been victims of cybercrimes in 2022-23, and it is estimated that 70% of the population has been subjected to direct or indirect cybercrime. As per the latest statistics, 85% of Indian children have been subjected to cyberbullying in some form or the other.
The government has taken note of the rising numbers of such crimes and threats, and hence the Parliamentary Committee has summoned the officials from RBI and the Ministery of Electronics and Information Technology to the parliament on July 20, 2023, i.e. the first day of monsoon session at the parliament. This comes at a very crucial time as the Digital Personal Data Protection Bill is to be tabled in the parliament this session and this marks the revamping of the legislation and regulations in the Indian cyberspace. As emerging technologies have started to surround us it is pertinent to create legal safeguards and practices to protect the Indian Netizen at large.
The legal crossroads between Tata Sky and Linkedin will go a long way in establishing the mandates under the Intermediary guidelines in the form of legal precedents. The compliance with the rule of law is the most crucial aspect of any democracy. Hence the separation of power between the Legislature, Judiciary and Execution has been fundamental in safeguarding basic and fundamental rights. Similarly, the RBI and Meity officials being summoned to the parliament shows the transparency in the system and defines the true spirit of democracy., which will contribute towards creating a safe and secured Indian Cyberspace.
Author: Mr. Abhishek Singh, Lead – Policy and Advocacy, CyberPeace