Posted by: Editor LNAV | April 27, 2009

Indian Information Technology (Amendment) Act, 2008 Has No Legal Significance Presently

Lots of speculations are going on about the status of the recent Information Technology (Amendment) Act, 2008 (IT Act 2008). As per the governmental sources, the IT Act 2008 has not yet been notified. Section 1(2) of the IT Act 2008 mandates that the Act has to be notified by Central Government in Official Gazette to make it an enforceable law. Till the central government actually notifies the date, the IT Act 2008 would remain a paper work alone, says Mr. Praveen Dalal.

The misinformed information spreading these days should not confuse all those who are interested in the Indian cyber law. All that the Central Government has done is publication of the “fact” that the IT Act 2008 has received the “President’s assent”. It does not tell anything else. Those who are not familiar with the process of law making and its notification have been confused by this declaration and spreading rumours about its notification.

The cyber law observers must consult the only authentic source of information in this regard. If the IT Act 2008 is made applicable, the same would be notified at the abovementioned techno-legal resource. It would be a good idea if the government openly declares that the IT Act 2008 has been withdrawn or would be reformulated by the Parliament of India in the next session.


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