The Securities Exchange Board of India’s (SEBI’s) move, under its new Chairperson Madhabi Puri Buch, to undertake a thorough review of securities market regulations should be welcomed as it is a necessary initiative to keep up with the times. The review can perhaps focus on three aspects. One, as India’s financial market evolves with rising retail participation, market regulations need to keep up with new products and asset classes that are springing up. While comprehensive frameworks are in place to govern traditional investment vehicles such as stocks, bonds and mutual funds currently, newer options such as curated stock portfolios and digital gold which are quite popular with retail investors, are in the grey zone. Two, existing laws on insider trading, front-running and other market crimes rely mainly on call logs, preservation of transcripts and sharing of information on official databases to prevent leakage of unpublished price sensitive information (UPSI). But the widespread use of social media platforms such as WhatsApp, Twitter and YouTube apart from apps that encrypt and instantly purge messages, are helping rogue players bypass such checks, with the result that mass dissemination of false information about dodgy companies has become rampant. SEBI’s regulations must be rewritten to plug this gap. Three, regulations that haven’t been updated in a while can stand in the way of innovation and deter the launch of new products or services that better serve the interests of investors. The proposed review must do away with redundant regulations wherever warranted, to facilitate market development.
Updating laws apart, if financial market regulators such as SEBI are to keep up with new-age fraudsters, they need to be armed with the skillsets and regulatory powers to keep up close surveillance of communications through the digital media, call for information and carry out decryption to decipher such data. Recently, for instance, the Securities Appellate Tribunal (SAT) refused to uphold a SEBI ruling against market players for insider trading, after they were discovered to be sharing unpublished company results on WhatsApp groups, on the grounds that these messages couldn’t be traced back to company insiders. SEBI is therefore quite right to seek powers from the Government under the Information Technology Act, 2000 and the Information Technology (Procedure and Safeguard for Monitoring and Collecting Traffic Data or Information) Rules, to be allowed to access digital communication channels and carry out interception and decryption of such information. The Centre should waste no time in arming SEBI with such powers, with adequate safeguards to protect personal data privacy.
To keep up with scamsters, the regulator will also have to build internal capacity and skillsets in efficiently mining surveillance data, connecting the dots and building a convincing evidence trail. The Kotak Committee on Corporate Governance had noted that SEBI was severely under-staffed, overseeing 5,000-odd listed companies with just 800-odd staff while the US SEC had over 4,500 employees to oversee an equal number of companies. Apart from adding numerically to its workforce, SEBI must look at lateral hiring of data science and tech talent at competitive pay scales, to buttress its regulatory capacity to keep up with the times.