AUTHOR: Eshanya Verma, a student at Atal Bihari Vajpayee School of Legal Studies,CSJMU
ABSTRACT
In today’s time, social media is a huge part of everyone’s lives. The immense development of social media in the recent decades has drastically changed the way of communication and connectivity between people irrespective of the distance. It has made it extremely convenient for people from round the world to connect with each other. This is both a boon and a curse. Though people are able to connect fluently and meet new people from around the world, this has also made is very easy for the people to pass and make negative statements without being held responsible or without any consequences for their actions. This has become a challenge to the constitutional right of freedom of speech. The Indian Constitution provides right to free speech under Composition 19(1)(a) though it’s subjected to some restrictions. The regulations of social media has become an important issue due to the hard guidelines over hate speech, misinformation, sequestration, and vilification.
INTRODUCTION
The development of social media has reshaped the communication geography, empowering citizens with the access to express their views, share opinions, and engage in public debates. Social media platforms like Instagram, Facebook, X( formerly Twitter), Whatsapp, etc have become a new and utmost habituated platform for conversations related to politics, social, culture etc. Although it has some complications. There has been a conflict between the constitutional right of free speech and guidelines for regulating dangerous or unlawful content on social media that has led to various legal challenges These include enterprises about hate speech, misinformation, online importunity, vilification, sequestration violations, and the adding part of the government in regulating digital spaces. The balance between individual freedoms and public order, safety, and public security.
Article19(1)(a)- article19(1)(a) of the Indian Constitution states that All citizens shall have the right to freedom of speech and expression. The right to speech also includes the right not to speak.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – In order to control social media platforms, the Indian government created various regulations. These rules place a stringent framework on social media to control content, which could result in excessive censorship, significant government intervention, and a restriction on free expression.
According to the standards, a grievance officer must be appointed, and content that could restrict users’ freedom of expression must be removed in accordance with government orders.
Section 69A of Information Technology Act,2000 – The government may restrict public access to information under specific conditions, according to this clause of the IT Act of 2000:
To safeguard the integrity and sovereignty of India
To safeguard India’s defense
To safeguard the state security of India
To continue having cordial ties with other nations
To uphold public order and avoid encouraging others to commit crimes that are punishable by law
Personal Data Protection Bill, 2019 – This bill lays up a framework for safeguarding and ensuring the privacy of people’s personal information. The Bill grants specific rights to the data principal. These include the ability to limit the data’s further dissemination, verify whether the data has been processed, or have their data corrected. If approved, this would control how online platforms gather, store, and use personal information, which would affect users’ right to free speech. It has drawn a lot of criticism since it would result in widespread monitoring and control over online interactions, raising concerns about potential effects on free expression.
Misinformation and Fake News – One of the quickest and most popular platforms for discussing a wide range of subjects is social media, which has also contributed to the spread of inaccurate or misleading information. Social media has been a major source for the spread of unreliable and misleading information during elections, the COVID-19 pandemic, serious crimes, and other delicate subjects. Although the government has established certain rules.
CENSORSHIP IN INDIA
In general, censoring something entails examining it and deciding which portions to suppress or eliminate because they are deemed unsuitable. Censorship is strictly enforced in the Indian film industry but less so on social media. Despite the fact that section 66A of the Information Technology Act states:
- “Any person who sends, by means of a computer resource or a communication device (a) any information that is grossly offensive or has menacing character; or
- any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently by making use of such computer resource or a communication device,
- any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to three years and with fine.”
This sparked a number of demonstrations against the restriction of people’s freedom of speech and expression. The IT Act had several ambiguities, and Section 66A significantly restricted that right to free communication. This part was invalidated in March 2015 for violating Article 19(1)(a).
Case Laws
- Shreya Singhal vs Union of India – In this 2015 case, the Supreme Court struck down Section 66A of the Information Technology Act, 2000, as unconstitutional. The court held that the section violated the freedom of speech guaranteed under Article 19(1)(a) of the Constitution of India.
- Manohar Lal Sharma v Union of India – In this case, the Supreme Court passed an interim order to investigate the Indian government’s use of the spyware Pegasus. The court recognized the link between the Right to Privacy and Freedom of Speech
- Bhasin v. Union of India – In this case, the court found that the government had to prove necessity and impose a temporal limit before suspending the internet. The court also ordered the state to review its restrictions.
- Facebook India v. Union of India – In 2021, the Delhi High Court issued a ruling on the government’s Intermediary Guidelines and Digital Media Ethics Code, which required social media platforms like Facebook, Twitter, and WhatsApp to comply with certain content regulation mechanisms. The government argued that these platforms needed to ensure greater accountability in terms of removing offensive content and to respond quickly to complaints related to misinformation, hate speech, or content that could harm public order.
CONCLUSION
In conclusion, India’s legal concerns over social media free speech emphasize the need for regulation to protect against offensive material. But they also draw attention to the dangers of overly stringent regulations, which may stifle free speech. Over the past few decades, the digital landscape has seen significant development. Social media sites have developed into a significant communication tool that allows people to voice their thoughts and participate in extensive discussions. However, this has also resulted in unfiltered statements being made with no consequences, even as it promotes the use of freedom of speech and expression. In the digital age, it has many difficulties, especially in striking a balance with the requirement for regulation and safeguards against damaging information. The Technology of Information Act, 2000 and Intermediary Guidelines lead to extensive debate about the boundaries of free expression and the extent of government control over digital platforms. The Intermediary Guidelines and Digital Media Ethics Code raised concerns regarding the potential for overreach and censorship, the challenges of addressing fake news, misinformation, defamation, and hate speech on social media platforms have further complicated it. Judiciary plays an important role as courts have often had to strike a balance between upholding individual rights and safeguarding public order or national security.
FAQs
- What is free speech on social media?
Free speech on social media refers to the right of individuals to express their opinions, ideas, and beliefs through platforms like Facebook, Twitter, Instagram, etc. In India, this right is protected under Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression.
- Can social media companies censor content?
Social media companies have the authority to remove content that violates their community guidelines, but they must also comply with Indian laws. However, they cannot censor content solely based on political or controversial opinions unless the content violates specific legal provisions, like defamation or hate speech.