Author: Simran Shirvoikar, KLE’s society law college, Bengaluru
Abstract
The quick growth of social media has changed how people share their thoughts and interact online. This change has brought up worries about how to balance the right to speak freely with the need to protect privacy. Social media has significantly transformed communication and self-expression in India. This transformation has brought both opportunities as well as challenges especially with regard to the balance between freedom of expression and the right to privacy. Social media as a platform empower individuals to share their views,ideas, opinions, to engage in public discourse, and mobilize for social causes, thereby enhancing democratic participation. However, these platforms also raise challenges with few privacy matters including data breaches, unauthorized surveillance, and misuse of personal information. After looking at all the challenges that are faced by Indians, the Indian government has enacted few rulers and regulations to address these issues, but challenges occur in effectively balancing regulation with preserving fundamental freedoms. This abstract explores the dual impact of social media on privacy and expression in India, highlighting the need for robust policies and practices to safeguard individual rights in the digital age.
Introduction
In today’s technological world, social media plays a crucial role in shaping our lives and fundamental rights and with this it greatly influences how we can express ourselves, find information, and interact with other people who are present in society, making us more dependent on these platforms than ever before. Social media has become a vital part of daily life and the rise of social media has fundamentally changed how we communicate and share information, bringing the issues of freedom of speech and privacy to our notice. In the digital age, freedom of speech and privacy are interdependent rights, essential for the development of free and democratic societies. These rights are two sides of the same coin, each necessary to enjoy the other. Balancing freedom of expression and privacy has been widely debated and now have become important forums which are often involved in various controversies. These platforms offer unprecedented opportunities for self-expression and public discourse, but they also pose significant privacy challenges. Balancing these two essential rights is crucial for maintaining a healthy digital environment. As social media continues to evolve, the impact on freedom of speech and privacy remains a critical area of concern. Understanding this balance is vital for protecting individual rights in the digital age.
Social media
From the beginning social media has transformed a lot and has been evolving in vast areas. Social media platforms help people all over the globe to connect and communicate, allowing every individual to share their lives, thoughts, and interests with a global audience. They offer a space for self-expression, creativity, and the exchange of ideas. Social media has also become a powerful tool for expanding businesses, enabling targeted marketing and customer engagement. Though it has a lot of advantages, that disadvantage is also present, as we say anything when it comes with advantages it also has disadvantages also and few of such disadvantages are such as the spread of misinformation, cyberbullying, and privacy concerns. The constant content that is shared on social media can lead to overloading of information and it may also cause mental health issues. Despite these challenges, social media continues to evolve and with the dynamic change in society it has also developed certain integrating new technologies like AI and augmented reality to enhance user experiences and also to make it better and more comfortable and user friendly. It plays a crucial role in social movements, enabling the rapid mobilization of people and resources. Overall, social media has become an integral part of modern life and helps in influencing various aspects of societyit may be with regard to personal relationships or political landscapes. Social media is a platform in which people connect from one node to another and due to this a large network is formed out of this platform. Traditional public spheres which were prior present are now converted into digital public spheres wherein all kinds of issues that have to be discussed, be political, social or civil all are discussed on social media platforms and all opinions given on this platform are respected.
Freedom of Speech and Expression
Freedom of expression is acknowledged as one of the most important human rights that should be present with all the human beings in the globe. It has clearly been mentioned that all the state governments should allow and provide with this right and there shouldnt be any restriction on this right. Freedom of speech and expression is not just a human right but also several legal instruments considered it to be a fundamental right and hence it is also accepted in most of the constitution even when it comes to Indian constitution Article 19 talks about freedom of speech and expression. Freedom of speech and expression is the right given to people to say what they think and share thier ideas without any fear of punishment. This freedom allows people to speak what is present in their minds, whether in public or private, and through various mediums it may be through speech, writing, art, and online platforms. It’s essential for a democratic society because it allows citizens to discuss and debate on issues openly.
However, this freedom has certain limits. It doesn’t protect the people who cause harmful actions like inciting violence, spreading false information, or hate speech that targets specific groups. Balancing freedom of speech with protecting other people from any harm is the most challenging thing in our society. Freedom of expression also includes the right to access information and to receive different viewpoints. It supports a free press, where journalists can report news without censorship. This freedom encourages creativity and innovation by allowing new and diverse ideas to be shared. While it can sometimes lead to disagreements and conflicts, it’s a fundamental human right that helps societies grow and evolve.
Impact of social media on Freedom of Speech and Expression
Increased reach and visibility
Social media as a platform reaches to all the people in the world and hence their voice and content can be known to all. Users herecan share their opinions with all people and if any public opinion is given the user can himself participate and talk on any topic and can raise voice if anything is going wrong.
Enhance public discourse
Social media platforms provide a space for individuals to raise their opinions and engage in discussions on various topics. This kind of communication will allow people to share thier diverse viewpoints and to debate, enhancing public discourse and democratic participation.
Self censorship
The presence of online surveillance and potential can lead to self-censorship, where an individual may refrain from expressing controversial or unpopular opinions out of fear of repercussions. This provides an open platform for open discussion and limits the diversity of viewpoints.
Platform mederation and content regulation
Social media platforms often harm the content of policies which are made to address harmful or illegal content.Though these measures aim to protect users and maintain community standards but they can also lead to the removal or restriction of legitimate expressions, raising concerns about overreach and bias.
Spread of misinformation
The rapid sharing capabilities of social media can facilitate the spread of misinformation and fake news. This can harm the public understanding of important issues and lead to some debate, impacting the quality of public discourse and freedom of expression.
Freedom of Privacy
Freedom of privacy is the right to keep your personal information and activities private. It means that the government, businesses or individuals should not intrude into anyones private life without thier consent. This freedom helps in protecting things like your conversations, personal data, and activities in your home or online. Privacy is important because it allows people to live in our society without any fear of being watched or judged and also helps to maintain personal dignity and autonomyand provide individuals control over their own lives. In the digital age, privacy is crucial because so much of our information is stored and shared online, from emails and photos to shopping habits and social media activities.
However, there are times when privacy can be legally limited. For example, authorities may need to access personal information during criminal investigations or to protect public safety. Balancing privacy with security and other public interests is one of the major ongoing challenges faced in our society.Protecting privacy basically involves safeguarding data from unauthorized access, such as hacking or surveillance. People can use tools like encryption, secure passwords, and privacy settings to help protect their information. Laws and regulations also play a key role in protecting privacy, ensuring that organizations handle personal data responsibly and transparently.
Impact of social media on right to privacy
Location tracking
Many social media platforms and apps use our location trackers to provide location-based services and recommendations. This can enhance user experience, it also risks privacy by revealing user’s whereabouts and patterns of movement.
Lack of transparency and control
Users often have limited visibility into how their data is used and shared by social media platforms. The lack of transparency and control over data practices can make it difficult for users to fully understand and manage their privacy.
Data breach and security risk
Social media platforms are an easy target for data breaches and hacking. When such breaches occur, user’s personal information can be easily stolen and misused, posing significant privacy risks and potential harm.
Privacy setting and control
Social media platforms offer privacy settings that allow users to control their information with regard to its access. However, these settings may be complex and it often requires regular updates. Users may unknowingly expose their information due to misunderstandings or lack of awareness about these settings.
How social media has Influenced Fundamental Rights
Privacy concern
As social media platform has lot of users collected data so this raises a concern with regard to privacy and this may also lead a problem to user to express
Freely his or her willingness.
Online Harassment and cyberbullying
As all people over the world are present here hence the reach and our information and updates on social media has led to online harassment and cyberbullying which can sometimes impact a person emotionally as well as physically.
Amplification of voices
Social media as a platform provides all individuals with a powerful tool to express their opinions and their ideas to all the people of the globe so that with their opinions even people can imagine a thing in a different way which they have never thought.
Filter bubbles and echo chambers
Social media creates filters with the content that is given by the user and also has an algorithm that often shows users aligned content with their existing beliefs and preferences and also by creating filter bubbles and chambers.
Convey misinformation
Social media is a platform wherein a lot of information is circulated and somethings the information that is circulated is wrong which mau led to democratic processes and public discourse and whenever efforts were made to reduce this misinformation it has always raised a question on freedom of speech and censorship.
Legal challenge
All the governments are struggling to find out the solution to regulate social media platforms and with this also balancing freedom of expression with other societal interests such as privacy, public order and national security.
Conclusion
Social media since a few years has become the source where all people are connected and they share thier ideas and opinions and hence it provides people with an expanded opportunity with regard to freedom of speech and expression but with that it also increases the changes with regard to censorship, privacy, harassment and public discourse. Social media at present is considered as one of the powerful means for exercising someone’s freedom of speech and expression. However, Nowadays use of social media is increasing but with this social media is also used for illegal purposes and hence this is a one of the reason why social media regulationas plays a major role. social media has revolutionized communication in India, amplifying voices and enabling public discourse. However, it also presents significant challenges to privacy, with concerns over data misuse and surveillance. Balancing freedom of expression with privacy protection requires nuanced regulatory frameworks and responsible platform management. The evolving digital landscape necessitates ongoing vigilance to safeguard individual rights. Ensuring these protections is vital for maintaining a healthy democratic society
FAQ’s
1. How does social media affect freedom of expression in India?
Social media platforms provide a space for people to share their opinions and ideas freely. However, they can also be subject to censorship, government regulations, and the spread of misinformation, which can impact the extent of this freedom.
2. How does the Indian government regulate social media to protect privacy and expression?
The Indian government has implemented various regulations, such as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to monitor and control the content on social media and ensure data protection.
3. What impact does social media surveillance have on privacy and freedom of expression?
Surveillance can lead to self-censorship, where individuals may refrain from expressing their true opinions out of fear of repercussions. It also raises concerns about the unauthorized collection and misuse of personal data.
4. How do social media companies handle user data in India?
Social media companies collect, store, and use user data for various purposes, including targeted advertising. They are required to comply with Indian data protection laws, but there are concerns about transparency and accountability.
