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Legal Article by - AISHWARYA (This Article was written by her during her Internship)
Abstract
An in-depth analysis of the evolution of tort law in the digital era through technological advancement in the world which led to an increase in cybercrime and other crimes that occur through digital interactions. We have seen a great change in traditional tort law which typically has only physical and reputational injury to modern tort which covers mental harm also, but it has several challenges that can be solved only through strong legal mechanisms. All over the world tort is trying to adapt to these changes effectively.
Introduction
The technological advancement not only transformed the digital world but, at the same time, created the need to reform the legal framework. In this dynamic era where everything is available on online platforms, it has become easy for offenders to misuse information. For this very purpose tort law needs to adapt to the changes and address them. Cybercrime and crimes arising out of digital interaction can be solved with strong legal mechanisms.
Overview Of Traditional Tort Law
Traditionally tort law covers civil wrongs such as intentional tort (assault, defamation ), negligence (accident caused by car speeding ), and strict Liability( purchase of defective product) causing harm or loss to the individual. At that time the harm was just reputational and physical. Tort have two parts one related to physical harm and other cause injury to the property.
Cyber Tort Emergence
With time cyber tort has emerged that does not fit into the traditional tort system, it includes Defamation an online platform development made it easy to spread wrong information regarding the individual. Online publications and posts were included in it, Invasion Of Privacy is done through unauthorized data collection, breach of data privacy and revenge pornography are part of where it is very easy to share personal data with anyone, Intellectual Property Infringement by copying other’s work and sharing the content has become easy causing infringement of copyright and trademark. Tort law adapted it to address in digital realm, Cyber Bullying And Harassment type of cases have increased and increasing day by day due to anonymity of individuals in digital space, but tort law now includes this behaviour to hold the individual accountable and Negligence this is the cornerstone of tort law and addresses digital issues such as data breaches those companies that do not take reasonable steps for the protection of client data and that cause harm are held accountable for negligence and Product liability such as defects and in software and hardware caused harm including physical, financial and emotional distress.
Legislation Role
New laws have been made for crimes arising out of digital interaction, they complement the tort law, done in many jurisdictions some of them are General Data Protection Regulation (GDPR) Data privacy and security, by giving strong control over personal data and legal remedies for the breach caused is law framed by the European Union, The Computer Fraud And Abuse Act ( CFAA) is Criminalization of unauthorized access to computers and networks providing a base for civil claims against digital crime introduced in the United States and in India, Protection Of Children From Sexual Offences Act (POCSO) talks about Digital crimes happening against minors online exploitation of children, this legislation was framed in India to combat these problems.
Challenges
Despite all these several challenges remain to be addressed by tort law and those are Issue Of Jurisdiction address the platform of Cyber crimes done on the online and this has become a global issue, crime in one country can cause harm in another country and this complicates the problem of tort law enforcement, Anonymity of the Cyber criminals are most of the time anonymous and this is difficult to identify them and the last one is Technology which is evolving rapidly which needs regular changes and adaptation of the legal framework and this is practically not possible to change the legal system continuously.
Conclusion
Tort law evolution is a testament in the digital era to the ability of the legal system to adapt to challenges associated with it. In this highly connected world tort law protect the individual right. Technological advancement comes with various challenges and some of these are cybercrime and crime arising out of digital interaction, which need strong legal mechanisms to ensure justice and accountability. It is not only the tort Information And Technology Act, the Indecent Representation If Women Act also has provisions regarding the same.
References
1. Century Law Firm, ‘A Deep Dive Into Torts: The Intricacies Of Civil Wrongs’ (Mondaq, 22 May, 2024)https://www.mondaq.com/india/civil-law/1468932/a-deep-dive-into-tortsthe-intricacies-of-civil-wrongs assessed 5th July, 2024
2. Anthony Gray, ‘The Evolution from Strict Liability to Fault in the Law of Torts’(Bloomsbury)https://www.bloomsbury.com/us/evolution-from-strict-liability-tofault-in-the-law-of-torts-9781509940998/ assessed 5th July, 2024
3. Evolution of Law of Torts’(Lawbhoomi, June10,2024)https://lawbhoomi.com/evolutionof-law-of-torts/ assessed 5th July, 2024.
4. ‘ Data protection in the EU’(sion.europa.eu) https://commission.europa.eu/law/lawtopic/data-protection/data-protection-eu_en assessed 5th July, 2024
5. Nicholas Sollito, ‘What is the Computer Fraud and Abuse Act (CFAA)?’(Upguard, 18August,2023)https://www.upguard.com/blog/what-is-thecfaa#:~:text=Today%2C%20the%20CFAA%20is%20the,federal%20government%20or% 20financial%20institutions. Assessed 5th July, 2024
6. Rebecca Crootof, ‘ACCOUNTABILITY FOR THE INTERNET OF TORTS’(LPE Project, July17,2018)https://lpeproject.org/blog/accountability-for-the-internet-of-torts/ assessed 5th July, 2024
7. Aditya Dubey,‘Torts in the Cyber World’(blogipleaders, May2,2019)< https://blog.ipleaders.in/cyber-torts/> assessed 5th July, 2024
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