Kopal Legal Consultants And Mediators (KALAM)

Introduction: Online defamation involves the act of making false and damaging statements about an individual or organization through the internet. This can occur through various platforms such as social media, blogs, forums, and review websites. The nature of the internet amplifies the impact of defamatory statements, making the issue increasingly complex and significant in the digital age. Key Issues Related to Online Defamation 1. Anonymity and Pseudonymity Challenges in Identification: The internet allows individuals to post anonymously or under pseudonyms, making it difficult to identify the source of defamatory statements. This anonymity can embolden individuals to make more aggressive and harmful statements without fear of direct repercussions. Legal Implications: Tracking and holding anonymous defamers accountable poses significant legal challenges. Courts often have to issue subpoenas to service providers to reveal the identity of anonymous posters, which can be a lengthy and...

Introduction: Freedom of expression is a fundamental human right protected under various international covenants, including Article 19 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights(ICCPR). With the advent ( invention ) and proliferation ( rapid growth or production ) of the internet, this right has taken on new dimensions and complexities.  Below is a detailed discussion on the issues relating to freedom of expression and the internet. 1. Introduction to Freedom of Expression on the Internet The internet has revolutionized how individuals exercise their freedom of expression, providing a global platform for sharing ideas, opinions, and information. However, this transformation has brought about significant challenges and debates regarding the boundaries and regulation of this freedom. 2. Positive Aspects of Internet-Based Freedom of Expression Global Reach: The internet allows individuals to reach a global audien...

Introduction:  The Cyber Appellate Tribunal (CAT) in India, established under the Information Technology Act, 2000 (IT Act), is a pivotal body for adjudicating disputes arising from cyber law-related issues. It serves as an appellate authority to hear appeals against the decisions of Adjudicating Officers appointed under the IT Act. Below is a detailed explanation of its powers and functions: 1. Appellate Jurisdiction: The CAT primarily functions as an appellate body. It hears appeals from individuals or entities aggrieved by the orders of Adjudicating Officers. The appeal must be filed within the stipulated period, usually 45 days from the date of the order. This jurisdiction ensures that there is a higher authority to review and potentially rectify decisions made by Adjudicating Officers. 2. Adjudicative Powers: The tribunal possesses several quasi-judicial powers that enable it to adjudicate effectively: Summoning and Enforcing Attendance: The CAT can summon individuals and enf...

Introduction: Copyrights, patents, trademarks, are crucial aspects of Intellectual Property Rights (IPR) law, designed to protect the rights of creators, inventors, and businesses. Each type of protection serves a different purpose and covers different kinds of intellectual property.  1. Copyright: Definition:  Copyright protects the original works of authorship, such as literary, dramatic, musical, and artistic works. It grants the creator exclusive rights to use, distribute, and modify their work. Scope : Literary Works: Books, articles, poems, and computer programs. Artistic Works: Paintings, photographs, sculptures, and architectural works. Musical Works : Compositions, including any accompanying words. Dramatic Works : Plays, scripts, and screenplays. Cinematographic Films: Movies and television broadcasts. Sound Recordings: Recorded audio, such as music albums and audiobooks. Rights Granted: Reproduction Right: The right to make copies of the work. Distribution Right...

Introduction: The Information Technology Act, 2000 (IT Act, 2000) was enacted in India to provide a legal framework for electronic governance by giving recognition to electronic records and digital signatures. It also defines cybercrimes and prescribes penalties for various offenses.  Here are the different kinds of penalties under the IT Act, 2000, explained in detail: 1. Section 43: Penalty for Damage to Computer, Computer System, etc. This section deals with unauthorized access, downloads, virus introductions, and causing damage to computer systems.  Penalty : Compensation to the affected party, which can be up to one crore rupees. 2. Section 44: Penalty for Failure to Furnish Information, Return, etc. If any person fails to furnish required information or documents to the Controller or Certifying Authority: Penalty : A fine of up to one lakh and fifty thousand rupees for each failure. 3. Section 45: Residuary Penalty For cases where no specific penalty is provided in the A...

Different kind of offences under IT Act & their punishments  Introduction: The Information Technology Act, 2000 (IT Act) in India outlines several cyber offenses and their corresponding punishments. The Act was enacted to provide a legal framework for electronic governance by giving recognition to electronic records and digital signatures.  1. Tampering with Computer Source Documents (Section 65) Offense:  Knowingly or intentionally concealing, destroying, or altering any computer source code used for a computer, computer program, computer system, or computer network. Punishment:  Imprisonment up to 3 - years, or a Fine which may extend to 2-lakh rupees, or both. 2. Hacking with Computer System (Section 66) Offense:  Any person who, with the intent to cause or knowing that they are likely to cause wrongful loss or damage, destroys or deletes or alters any information residing in a computer resource or diminishes its value or utility, or affects it injur...

Effects of Technology on Law Technology has significantly impacted the field of law in various ways, affecting how legal professionals operate, how laws are enforced, and how justice is administered. Below are some key effects, which can be categorized into several areas: 1. Legal Practice and Administration a. Efficiency and Productivity: Automation : Technology has automated many administrative tasks, such as document management, case management, and billing , allowing lawyers and legal professionals to focus more on substantive legal work . Research: Online legal databases and AI-driven researc h tools like Westlaw and LexisNexis enable quicker and more comprehensive legal research, improving the accuracy and speed of legal work. b. Communication: E-filing and Virtual Meetings: Courts and law firms now use e-filing systems , reducing paperwork and streamlining the submission process. Virtual meetings and hearings via platforms like Zoom have become common, especially post-COVID...

Introduction: Cyber jurisprudence, also known as cyber law or internet law, refers to the body of law that governs activities related to the internet and cyberspace. It encompasses a wide range of legal issues including intellectual property, data protection, privacy, cybercrime, and electronic commerce. The evolution of cyber jurisprudence reflects the rapid development of technology and the increasing significance of the internet in daily life. Evolution of Cyber Jurisprudence: 1. Early Days of the Internet:  The initial stage of the internet in the 1960s and 1970s was primarily limited to academic and military use. Legal issues were minimal as the internet was not widely accessible to the public.  The development of ARPANET and subsequent networks laid the groundwork for modern internet infrastructure. 2. Emergence of Commercial Internet: The 1990s saw the commercialization of the internet, leading to a surge in users and online activities. Early legal issues focused on dom...

Digital Signature A digital signature is an electronic form of a signature that is used to authenticate the identity of the sender and ensure that the content of the message or document has not been altered in transit. It provides the same legal standing as a handwritten signature in the context of digital documents. Digital signatures rely on public key infrastructure (PKI) to ensure the security and authenticity of the document or message. How Digital Signatures Work? 1. Generation of Digital Signature: A digital signature is created using a signer’s private key, which is securely stored and only accessible to the signer. The digital signature is a unique code generated by running the content of the document through a hashing algorithm , creating a hash value (a fixed-size string of characters). This hash value is then encrypted using the signer’s private key, creating the digital signature. 2. Verification of Digital Signature:  The recipient of the signed document uses the sign...

Historical Background of Cyber Law in India The evolution of cyber law in India can be traced through various legislative efforts, judicial decisions, and technological advancements: 1. Early Internet Era (1990s): With the advent of the internet in India in the mid-1990s, there was a need to regulate the digital space. The initial legal framework was inadequate to address cyber crimes and electronic commerce.  The Indian Penal Code (IPC), 1860, and other traditional laws were found insufficient to deal with cyber offenses. 2.The Information Technology Act, 2000:  To address these challenges, the Government of India enacted the Information Technology (IT) Act in 2000. This was India's first law specifically designed to handle issues related to the internet and cyber activities.  The IT Act aimed to provide legal recognition to electronic transactions, facilitate e-commerce, and combat cyber crimes.  Influenced by the United Nations Model Law on Electronic Commerce (19...

Non-fungible tokens (NFTs): Non-fungible tokens (NFTs) are unique digital assets verified using blockchain technology, often representing ownership or proof of authenticity for a particular item or piece of content. Unlike cryptocurrencies like Bitcoin or Ethereum, which are fungible (each unit is identical and can be exchanged on a one-to-one basis), NFTs are indivisible and distinct from one another. Key Characteristics of NFTs 1. Uniqueness:  Each NFT has unique information or attributes that differentiate it from other tokens. This can be metadata, digital signatures, or other identifying information embedded within the token. 2. Indivisibility:  NFTs cannot be divided into smaller units. You either own the entire token or you don't. 3. Ownership and Provenance:  Blockchain technology ensures transparent and verifiable ownership history. This helps prove authenticity and trace the provenance of the digital asset. 4. Interoperability:  NFTs can be traded across di...