Antitrust Enforcement In Digital Markets: CCI On Interim Reliefs

Recently, the Alliance of Digital India Foundation (ADIF), a Delhi-based think tank with members from India's start-ups and entrepreneurs, filed a petition with the Competition Commission of India (CCI) seeking interim relief against Google's policy of collecting commission on payments made on Playstore apps, which takes effect in March 2022. The CCI has the authority to grant interim relief under section 33 of the Competition Act, 2002 (the Act). The Act's ability to give interim...

A Review On IT Rules 2021: A Positive Or A Negative Restriction On Digital Media And OTT Platforms?

The Information technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 was released by the Indian Government to regulate the social media platforms, digital media platforms and the OTT platforms. With the new IT Rules the Government of India is trying to regulate the digital media sphere and the content that is shared in these platforms online. These IT rules are formed under the IT Act 2000 and this has superseded the previous IT rules of 2011. But are the new IT...

Does Legalization Of Prostitution Increase Human Trafficking And Make Children More Vulnerable?

According to Global Estimates of Modern Slavery[i], an estimated 3.8 million adults were victims of forced sexual exploitation and 1.0 million children were victims of sexual exploitation in the year 2016. The vast majority of victims (99 per cent) were women and girls. One in four victim of modern slavery were children, and children who were in commercial sexual exploitation represented the 21 per cent of total victims in this category of abuse. According to Havocscope, the total...

An Analysis Of The Centre's FAQs On The 2021 IT Rules

Recently, in an attempt to "explain the nuances" of the due diligence obligations imposed upon intermediaries and the newly created class of 'significant social media intermediaries' ("SSMIs") under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("2021 IT Rules"), the Ministry of Electronics and Information Technology ("MeitY") released frequently asked questions ("FAQs") on the 2021 IT Rules. The scope of the FAQs is limited to Part II of...

How Do Lawyers Counsel Clients During Cold-Feet Mediation Moments?

How many times have you bargained for that nice pair of shoes or that lovely dress, got the price right, but then changed your mind? Doubts like "Do I really need to do this?", "Do I really need it?" "Is this the right thing to do?" What if there is a better deal out there?" That is called "Cold Feet" and happens to us many times even in big ticket negotiations. After all, human beings are no strangers to the fickleness of the mind. "Cold feet" can be defined as an apprehension or...

Statements Of Accused Persons Under Section 50 Of The PMLA– Highlighting The Lack Of Constitutional Protection

Section 50 of the Prevention of Money Laundering Act, 2002 (hereinafter "PMLA") pertains to powers of an investigating officer in relation to summons, production of documents, giving evidence etc. Section 50(2) of the PMLA empowers The Director, Additional Director, Joint Director, Deputy Director or Assistant Director to summon any person for the purposes of giving evidence or producing records. Section 50(3) of the PMLA compels the person so summoned to state the truth, without having...

A Practical OSINT Guide To Conducting Business Investigations And Background Verifications

The handbook titled "A Practical OSINT Guide to Conducting Business Investigations and Background Verifications" - Open-Source Intelligence Techniques (OSINT) for Smart Business, is intended to assist businesses ranging from individual-led ones to corporates. Most of the resources available are focused on the information available for the US, UK, and European countries. This guide is an attempt to portray OSINT from an Indian perspective and the resources available in India. The information...

Guidance Note On Preparation And Response To A Data Breach

An increased reliance on technology and the ubiquity of data storage online has led to businesses being increasingly vulnerable to the threat of cyber-attacks. The onset of the pandemic coupled with a shift towards remote work has exacerbated this vulnerability and led to a significant increase in the frequency and severity of data breaches. Businesses frequently find themselves victim to data breaches perpetrated by malicious external actors, employees with insider access, or the...

Suggestions To Curb The Menace Of Custodial Violence And Brutality: Targeting The Ill-Conceived Notion Of 'My Area, My Custody, And My Law'

The Rule of Law amiss the police lock-ups in our country, when stories of brutal custodial violence and torture by police (latin term 'politia') officials, slip through the walls of secrecy to shake the conscience of the common man, bringing to a disbelief that right to life is anywhere found vital in our democracy, with such gloomy state of affairs. Constitutional principles, statutory laws and all safeguards find a failure to protect the fundamental and basic right i.e. dignity of life,...

Advocates' Welfare Fund – Is There A Need To Have A True Self-Adhesive (Self-Sticking) Stamp In Delhi?

"He who has health has hope; he who has hope has everything"- Arabian proverb. The Delhi's culture of litigation has one thing common for the learned advocates to have experienced regularly, and yes, for the others too, including the court clerks, and that is the Advocates' Welfare Fund stamp, which is being pasted on the Vakalatnama for its admissibility in the court of law. Traditionally and in fact now also, without any substantial exceptions but with few aberrations, and during ever...

Right To Information: Necessary Checks And Balances Of The Public Private Partnership Model

What is a Public Private Partnership Model? Public-Private Partnership Model or the PPP model is an arrangement between government and private sector for the provision of public assets and/or public services in which private organizations participate in decision making and production of the goods and services that has been provided by the public sector and in which the private sector shares the risks. Public-private partnerships allow large-scale government projects, such as roads, ...

My Lord, It's not about 'Your Honour'!

"You cannot force someone to respect you, but you can refuse to be disrespected", a quote, though by someone unknown, truly encapsulates the natural principle of human tendencies, which, in all circumstances, cannot be so regulated through rules and procedures, as the subjects are products of emotions largely, than of logic. The fluid nature and fine line of distinguishable difference between respect and disrespect, tends to define the relations in personal and professional space, and is...