Cyber Law has suddenly come up as a specialized field for Lawyers and is also a field to keep a watch for Netizens, as it effects & govern their rights. With the Amendments expected in IT Act, 2000, more complications may arise with the lack of clarity in provisions.
As was observed last year in Bazee case, the arrest of Mr Avnish Bajaj was more due to lack of proper definitions for some specific terms in IT Act, further he was required to prove “Due Diligence” as defined under IT Act, 2000. Though lialibily can always be reduced through proper drafting of online legal documents, like Disclaimers, Privacy Policies, etc.
Otherwise also for the website owners, it is necessary to have proper Disclaimers, Privacy Policies, Terms, etc, properly drafted by a specialized Cyber Lawyer, so that liability can be minimized. Though one cannot be totally free from legal liability as the owner has responsibility towards the users and has to excercise “Due Diligence” all the time. Otherwise he can be held liable for Negligence.
Please consult Cyber Lawyer @ CyberLawyer.in for drafting or free review of Disclaimers, Privacy Policies, etc
Cyber Law websites:
CyberLawConsultant.com (Cyber Law Consultant)
CyberLawTimes.com (Cyber Law Disucssion Forums)
CyberLawExpert.com (Directory Listing & Blog)