Delhi High Court Makes e-KYC Mandatory for Domain Name Registrations
The Delhi High Court has made e-KYC verification compulsory for all domain name registrations in India. The Court said weak identity checks by domain name registrars have allowed cyber fraud, phishing websites, and fake online schemes to grow rapidly.
The direction came in a set of cases filed by Dabur India Ltd, where the misuse of well-known brand names through fake websites was highlighted. A single-judge bench led by Justice Prathiba M Singh passed a detailed 248-page judgment on the issue.
The Court observed that anonymous domain registrations make it easy for fraudsters to run fake franchise, distributorship, and investment schemes, while making it very difficult for brand owners, banks, and law enforcement agencies to trace them in time.
As per the ruling, all domain name registrars offering services in India must verify the identity of registrants at the time of registration and also carry out periodic re-verification. This process must strictly follow the KYC norms laid down in the CERT-In circular dated April 28, 2022.
The High Court rejected the idea of “privacy by default” in domain registrations. It held that masking registrant details without proper verification has become a major reason behind financial fraud. Registrant details can be hidden only if the user specifically opts for privacy protection after completing KYC verification.
The Court further directed that verified registration data of domains administered by National Internet Exchange of India must be shared with it and updated every month. If courts or law enforcement agencies seek information, registrars must provide verified details such as name, address, mobile number, email ID, and payment information within 72 hours.
The High Court warned that registrars failing to follow these rules may lose their safe harbour protection under the Information Technology Act, 2000 and may even face website blocking under Section 69A.
Highlighting the seriousness of the issue, the Court noted that out of more than 1,100 infringing domain names, almost none were defended by genuine registrants. This, the Court said, clearly shows that such domains are created mainly for illegal purposes.
The Delhi High Court also asked the Central government to consider introducing a uniform e-KYC system for all domain name registrars operating in India, similar to the framework followed by NIXI, while ensuring compliance with the Digital Personal Data Protection Act. The Centre has been directed to hold consultations with all stakeholders on this issue.
