Supreme Court judge Justice BR Gavai on Tuesday said that the rapid advancement of internet and digital technologies has fundamentally reshaped the legal landscape, necessitating the development of new laws, regulations and frameworks to address the emerging challenges.
Justice Gavai while speaking at the University of Nairobi in Kenya on ‘Law, Technology and Legal Education,stated that technology has permeated every aspect of life – communication, commerce, governance, and even criminal activities ,thus the legal systems worldwide have to adapt to ensure that laws remain relevant and effective in the digital age.
One of the most significant legal developments in response to technological evolution has been the enactment of cyber laws and digital governance frameworks in various jurisdictions, he noted.
Justice Gavai, who is set to become the 52nd Chief Justice of India (CJI) in June this year, following the retirement of CJI Sanjiv Khanna, is on a five-day visit to the African nation, along with Justice Surya Kant, on an invitation by the Kenyan Supreme Court.
He said the rise of e-commerce, online transactions, digital contract and internet-based communication necessitated legal recognition and regulation of such activities. Countries around the world have introduced legislation governing electronic transactions, digital signatures, and online consumer protection to facilitate secure and efficient digital commerce.
He further said the expansion of digital platforms has also necessitated laws governing online content regulation, misinformation and digital defamation. Social media platforms, streaming services and digital news outlets have transformed how information is disseminated, often blurring the lines between free speech, misinformation, and harmful content.
Additionally, advancements in blockchain technology and cryptocurrencies have introduced novel legal challenges, he added.
The Apex Court judge said that law schools across the world have recognised the necessity of incorporating cyber laws, data protection regulations and their interconnections with other legal disciplines, such as intellectual property (IP) law, contract law and constitutional law, into their curricula.
In the past, legal education primarily focused on traditional subjects such as constitutional law, criminal law, contract law, and property law.
However, with the widespread adoption of digital technologies, the internet and artificial intelligence, new legal challenges have emerged,making it imperative for law schools to equip future lawyers with specialised knowledge in cyber law and data protection.
As a result, legal education mandated the inclusion of courses on cyber laws, digital rights, online privacy, and the governance of emerging technologies, he added.