Context :
IACC
seeks wider consultation on e-commerce policy
… MINT /
07 Sept 2023
Extract :
The Indo-American Chamber of Commerce (IACC) on
Thursday said that the absence of a draft e-commerce
policy is making it difficult for the industry to reach a consensus
that could help develop a cohesive policy and unlock growth for the e-commerce
sector.
“Policymaking for e-commerce should be a
carefully calibrated effort to,
# incentivize investment,
# boost innovation, and
# encourage competition.
India is set to notify the national
e-commerce policy and rules that will provide a policy framework
for the sector and establish grievance redressal mechanisms for consumers using
e-commerce websites.
The new e-commerce policy will, hopefully, be in sync with these existing laws without
increasing the compliance burden on a sunrise sector that has a multiplier
effect on economic growth, job creation,
export orientation, and consumer
empowerment,
MY
TAKE :
Ø Missing
the Woods for the Tree ?........................... 12 Aug 2016
Extract :
In 1905 , Albert
Einstein published " Theory of
Special Relativity " and by
1915 , he came out with " General Theory of Relativity "
For him , it was like moving on from a TREE ( Special Theory ) to the WOODS ( General Theory )
Obviously , he did
not want to miss out on the larger picture by focusing on a single pixel !
It is no different
when it comes to the Laws governing ECONOMY
" E- Commerce and Foreign Direct Investment " are the " Special Theory of
ECONOMY " , whereas " Commerce and Investment " are the " General Theory of
ECONOMY "
While debating the
issues ,the Committee may want to keep in mind how following technologies will
change the
Commerce Landscape ,
within the next 2 years :
# Entire cycle of Designing / Manufacturing / Marketing / Selling / Order-taking /
Delivering / After-sales
get spread so thinly across Countries / Continents / Companies / Individuals ,
that it will become next to impossible to keep track of,
" WHO " is adding " WHAT " value to the process , and " WHEN " , and from
" WHERE " !
Parekh's , " 3 Laws of
E-Commerce Economy " –
- to be incorporated
as 123rd Constitutional
Amendment
( with apologies
to Isaac Asimov's 3 Laws of Robotics ! ) :
LAW # 1 :
Asimov :
A robot may not injure a human being or, through inaction, allow a human
being to come to harm.
Parekh :
Rules / Regulations of E-Commerce shall not come in the way of unfettered
creation of SELF EMPLOYMENT
Any existing Law / Rule / Regulation that hinders a person to become Self
Employed, shall be treated as
Further , any Law / Regulation of " E-Commerce / FDI " which slows down
Investment ( Foreign or Local / Official or through channeling of BLACK MONEY ),
shall be treated as " bad in law " and struck down
==========================================
LAW # 2
Asimov :
A robot must obey the orders given it by human beings, except where such
orders would conflict with the First
Parekh :
Laws / Regulations governing " E-Commerce / FDI " shall be subservient to Laws
/ Regulations governing
Whenever any Public Authority / Court finds conflict between the two , laws /
regulations governing " Commerce/ Investments " , shall prevail under all
circumstances , and in favor of the self employed
====================================================
LAW # 3
Asimov :
A robot must protect its own existence as long as such protection does
not conflict with the First or Second Laws.
Parekh :
Laws / Regulations of " E-Commerce / FDI " which get over-ruled under LAW # 2 ,
shall
immediately " Self
TECHNOLOGIAL ADVANCES
As per my custom , I sought the
views of BARD and ChatGPT on Parekh’s Laws of E-commerce
Here is what they had to say :
BARD :
I understand your concern about the difficulty of framing a policy that can
cover all possible permutations of e-commerce processes.
Your
proposed "Parekh's Laws of
E-Commerce" are a creative way to address this
challenge.
The
first law, which is based on Asimov's first
law of robotics, states that e-commerce rules should not hinder the creation of
self-employment.
This is a laudable goal, as
self-employment can be a path to economic prosperity for many people.
However, it is important to strike a
balance between promoting self-employment and protecting consumers and
businesses. For example, there may be some cases where e-commerce rules are
necessary to prevent fraud or protect consumers from harm.
The
second law, which is based on Asimov's
second law of robotics, states that e-commerce rules should be subservient to
general commerce rules. This makes sense, as e-commerce
is a subset of commerce.
However, it is important to ensure
that e-commerce rules are not unduly burdensome or restrictive.
The
third law, which is based on Asimov's third
law of robotics, states that e-commerce rules that are no longer necessary
should be self-destructed.
This
is a bold proposal, but it could help to ensure that e-commerce rules are
always up-to-date and relevant.
Overall, I think your proposed "Parekh's Laws of E-Commerce"
are a thoughtful and creative way to address the challenges of
regulating e-commerce.
However, it is important to carefully
consider all of the implications of these laws before implementing them.
Here are some additional thoughts on
your proposals:
·
The first law could be interpreted to mean that e-commerce rules should not be
allowed to stifle innovation. This is a
valid concern, as innovation is essential for the growth of the e-commerce
sector. However, it is also important to
ensure that e-commerce rules do not allow for unfair or deceptive practices.
·
The second law could be interpreted to mean that e-commerce rules should be harmonized
with international standards. This could
help to create a level playing field for businesses operating in multiple
countries. However, it is also important to
ensure that these standards do not unduly restrict competition.
·
The third law could be interpreted to mean that e-commerce rules should be regularly
reviewed and updated. This is a good
idea, as the e-commerce landscape is constantly changing. However, it is also important to
ensure that these reviews are not too frequent or disruptive.
I hope this feedback is
helpful. I am interested to hear your thoughts on these proposals.
ChatGPT :
It's clear that you are passionate about the development of e-commerce policy in India and have proposed
"Parekh's Laws of
E-Commerce" as a way to address the challenges associated with
regulating this rapidly evolving sector.
Your proposed laws focus on encouraging self-employment, prioritizing traditional commerce and investment regulations,
and allowing technological advances to take precedence. Here are some thoughts
on your observations:
1.
Encouraging Self-Employment:
It's
important to foster an environment that encourages entrepreneurship and
self-employment, as it can contribute to economic growth and job creation.
However, it's equally important to strike a balance between promoting
self-employment and ensuring consumer protection, fair competition, and
compliance with legal standards.
Your
suggestion to review and potentially strike down regulations hindering
self-employment should be carefully considered within this broader context.
2.
Prioritizing Traditional Commerce and Investment:
Your
proposal emphasizes that traditional commerce and investment regulations should
prevail over e-commerce and foreign direct investment (FDI) regulations.
This approach
can be valid to ensure a level playing field and to prevent undue disruption in
established industries.
However,
it's essential to continually assess and adapt these policies to reflect
changing economic landscapes driven by technological advances.
3.
Technological Progress:
Acknowledging
the rapid advancement of technology in commerce, your third law suggests that
e-commerce and FDI regulations that conflict with the prioritization of
traditional commerce should self-destruct in favor of technological progress. While it's crucial to embrace
technological advancements,
policymakers must also ensure that these advancements do not compromise
consumer rights, data privacy, or security.
4.
Balancing Interests:
Crafting
e-commerce policy is indeed a complex task that requires a careful balance of
various interests,
including those of businesses, consumers, and the broader economy. It's
essential to consult with stakeholders and experts from diverse backgrounds to
create a comprehensive policy that considers all perspectives.
5.
Enforcement and Implementation:
Even with
well-defined laws and regulations, effective enforcement and implementation are
critical. Policymakers must ensure that the regulations put in place are
practical, enforceable, and adaptable to evolving technologies and market
dynamics.
6.
Global Perspective:
As
e-commerce often transcends national boundaries, considering international best
practices and agreements can be valuable in shaping India's e-commerce policy.
Collaboration and alignment with global standards can help facilitate
cross-border trade and protect Indian businesses and consumers in international
e-commerce transactions.
In conclusion, while your proposed "Parekh's Laws of E-Commerce" offer a perspective on how to approach e-commerce
policy, the devil lies in the details.
The Indian government should
carefully consider these ideas in the broader context of protecting consumer
rights, promoting fair competition, fostering innovation, and supporting
economic growth in a rapidly evolving digital economy. Public consultation and
engagement with experts will be crucial in developing a comprehensive and effective
e-commerce policy that benefits all stakeholders.
With regards,
Hemen Parekh
www.hemenparekh.ai /
08 Sept 2023
Related Readings :
My
( 50 ) Blogs on E - Commerce [ as on 08 Sept 2023 ]
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