Author: Muskan, Amity University, Lucknow
In today’s world, social media is an essential platform for satisfying our needs and fulfilling our work in less time because everyone is dependent on social media. The internet has its pros and cons. On social media platforms, we can learn a lot of things that help us in education. You can do way better things, like acknowledging people about their rights and making them aware of their rights and wrongs. People can raise their voices against the wrong and let the world be aware of the wrong happening to the person.
Still, in today’s scenario, people are being trolled a lot for every single thing they do on social media. If people don’t find it wrong or they don’t like it, they will criticize the person and start to comment on them. But our constitution has stated some boundaries of opinion also. It is a digital power given to the public to continue and establish unity. It is a social platform that helps in various ways, but it can also destroy a person’s life. So for that reason, there are some rules stated in the constitution not to harm the person’s right to life and liberty, and have restrictions on freedom of speech and expression; also, those who break the rules will be punished under the provisions stated in the Indian constitution. Also, a larger population is using social media, and children are becoming addicted to social media using different platforms. So there should be a set time limit for using social media. On social media, there is a high chance of spreading fake news and growing issues of social media misinformation; there are also networking opportunities.
cyberbullying is used to cause body image issues. There is a privacy risk and distortion of legal information we can connect to family and friends and access information and services. Nowadays digitalization has brought the risk of AI use and changing images of women, changing their faces from other people’s images. This paper deals with rules and regulations for using social media, balancing the right to freedom of speech and expression, Article 19[1] a and makes sure no one should harm the dignity of life and liberty.
Introduction
Everything is used to connect on social media people’s minds and ideas social media people’s thoughts to spread with everyone in society. Social media to learn new things helps in education platforms because everything is becoming digital. there are a lot of schemes that are online. If you can’t go there, you can utilize the online services available to people. But nowadays they are misusing this power, which was brought for the purpose of helping and unity.
For this purpose, we have laws stated in our constitution that whoever defames or spreads threats will be punished. social media is a platform. Social media gives you freedom of speech and expression, and we also have the right to question the real meaning of free speech. speech means you can read, you can perform can protest, and many more things It means to spread your views, opinions, and ideas without any interference from the government. Free speech also has restrictions, which are mentioned in Article 19 [1] because we are living in a democratic country where every individual has the right to live with dignity and prosperity but you cannot spread any fake news that will hamper the peace of the public. There will be conflicts that arise between communities. If any communal tensions are going on, what is preferred by the government is to stop the internet facility in that area so that people cannot communicate or spread any news or any controversial remarks that will influence the other members of society. Whenever any negative speech is published, it has both positive and negative consequences. Every single thing that you want to ask is available on the internet, whether it is negative whether positive, whether it is good or bad. For this purpose, the government has banned some sites that use derogatory and obscene as well as, which affects the sovereignty of the nations.
Objective
We are living in the 21st century, the age of technology. The Internet was a luxury, but now it has become a vital need of the public, from education to doctor appointments, even funerary shopping, everything is done via the Internet. we cannot imagine a life without the Internet. The misuse of the internet has other consequences. The Internet is also the reason for to spread of terrorism and hatred. Violence is the biggest enemy of peace. we can relate to this point because, at the abolition of Article 370, the Internet was banned because there was fear of violence which there in the government at the time of the anti-CAA protest citizenship amendment act also the internet was shut down at the time of Arab spring also the internet was banned if the internet was not shutdown there may be a scenario of people being affected and died more as it was been. Article 19 has also given us the right to assemble peacefully. it says you can move freely, reside anywhere, have any kind of trade or occupation anywhere, but it also has some restrictions. Every right has its restrictions. The shutdown of the internet comes under the restrictions of freedom of speech and expression It comes under procedure.
Provisions established under the Indian Constitution are:
1]IT Act 2000[Information Technology Act] Regulating social media intermediaries (SMIs): World over, governments are grappling with the issue of regulating social media intermediaries (SMIs).
Addressing the issues of SMI controlling free speech: Given the multitudinous nature of the problem the centrality of SMIs in shaping public discourse, the impact of their governance on the right to freedom of speech and expression, the magnitude of information they host, and the constant technological innovations that impact their governance governments need to update their regulatory framework to face emergent challenges.
Placing obligations on SMIs: In a bid to keep up with these issues, India in 2021 replaced its decade-old regulations on SMIs with the IT Rules, 2021, that were primarily aimed at placing obligations on SMIs to ensure an open, safe, and trusted internet.
The Internet is a space where finding truthful facts can often be challenging, and polarising opinions, hate speech, and disinformation abound. many lives have been lost to such information violence.
Section 66A: A fine is the penalty imposed. This section of the IT Act gives the power to arrest anyone sending messages or posting content on social media that could be deemed offensive.
Also, it’s offensive to send any wrong or false information for the purpose of spreading hatred, annoyance, inconvenience, obstruction, danger, enmity, insult, and criminal intimidation. Such activity is punishable, and as per the law, three years of imprisonment for the criminal.
Section 69A
The Information Technology Act of 2000
69A. This provision has the power to give directions for blocking public access to information through any computer resource.
1] Where the Central Government or any of its officers specially authorized by it on this behalf is satisfied that it is necessary or expedient so to do, in the interest of sovereignty and integrity of India, defense of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offense relating to above, it may subject to the provisions of sub-section (2) for reasons to be recorded in writing, by order, direct any agency of the Government or intermediary to block for access by the public or cause to be blocked for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.
2] The procedure and safeguards subject to which such blocking for access by the public may be carried out shall be such as may be prescribed.
3] The link between people to try and bring about an agreement as a mediator who fails to comply with directions issued under subsection [1] will be punished with imprisonment for a term that may extend to seven years and shall also be liable to a fine.
Digital Services Act (DSA):
The DSA focuses on the safety and responsibility of online platforms. It is about how the content will be managed, shared, and reconstructed online, basically on social media and other platforms that host users ‘ generated content. The aim is to have a safer environment by ensuring that all the digital platforms take their responsibility very seriously for content hosting.
Key Focus:
Ensuring online safety and protection.
Regulating content moderation and transparency.
Strongly opposing illegal content, hate speech, and disinformation.
Digital Markets Act (DMA):
The DMA is all about promoting fair competition in the digital economy. It targets large tech companies that dominate the market, often referred to as “gatekeepers,” like Google, Apple, Amazon, and Facebook. The main agenda is to prevent companies from abusing their market power by imposing some rules that will make it easier for small businesses.
Key Focus:
Ensuring fair competition.
Limiting the power of tech giants (gatekeepers).
Promoting interoperability, data portability, and ending self-preferencing.
The duties of Social Media Platforms
It is the basic understanding that the user of the computer Resource should not publish display, update, modify store or share information which belongs to any other persons, is a defamatory statement obscene images pornography .online activity that threatens the unity integrity security sovereignty of India should be avoided and its friendly relations with foreign state. Constitution of India.
It provides basic rights to Indian citizens, which helps them in protecting their basic life interests. If these rights are violated, various remedial measures are provided to them. In Article 19 of the Indian Constitution, the Right to freedom of speech and expression is mentioned, which ensures that every individual has the right to present their thoughts to others. This means that they can raise their voice against any wrongdoing that happened to them or any other person they know.
In 2021, the government of India introduced the Information Technology Rules, referred to as the 2021 IT Rules. These rules are a set of regulations aimed at addressing unlawful content, ensuring user privacy, and controlling social media platforms.
Anuradha Bhasin vs Union of India. In this case, it emphasizes the importance of social media at the time of the withdrawal of Article 370 in Jammu and Kashmir. The journalist Anuradha Bhasin was not able to publish news because of the shutdown of the internet right to freedom of the press was violated. Ghulam Nabi Azad filed another petition because he was unable to meet the members of the constituency.
Court decision: The court mentioned that the government cannot refuse to produce internet suspension orders before the court. The government cannot suspend the internet service indefinitely. The court has ordered the government to publish or notify of the internet suspension orders in the public domain.
Social media-related crime :
1] cyberbullying
The simple meaning is to harass, embarrass, threaten, or target another individual with the use of technology. .it mainly includes photos, video messages, or content that is posted to hurt or upset someone.
2] Cyber defamation
Any individual intentionally or for any reason publishes any false statement about any other person on cyberspace to intentionally defame anyone or injure the reputation of any individual.
3]Phishing
When the recipient is tricked with guilty intentions by sending malicious emails for scams
There to ways to use social media: a criminal uses it to commit a crime social media will be used for preventing, protecting, and investigating the crime. Before, people used to set their own opinions on different platforms, such as newspapers and television, but now it has become an important role. It has larger data in the form of text, videos, and pictures by using the law provisions .
Under BNS 2023
Punishment and remedies in cases where there is damage to an individual by the actions of another person who violates the laws mentioned below:
Section 152 deals with sedition
Section 196 deals with enmity
Section 299 [a]: deals with intentionally insulting any religion
Section 356 deals with defamation
Section 324 of BNS deals with public mischief
Section 79: disrespecting women’s modesty.
The case of Shreya Singhal vs Union of India. In this case, the police have arrested two ladies under section 66[A] for posting comments on Facebook after the death of a political leader. The Supreme Court of India invalidated section 66[A] of the Information Technology Act, 2000 it as unconstitutional.
In the case of Kharak singh v State of Uttar Pradesh, it was held that phone tapping amounts to a breach of privacy, and it can reasonably be held that sharing information through WhatsApp with Facebook is an obvious breach of privacy for their users.
In the case of Tehseen S. Poonawalla 2018 the Supreme Court gave the full freedom to the government to stop the circulation of explosive and irresponsible messages on social media sites, which have the propensity to incite mob violence of any kind.
Conclusion
We live in a world where technology has become ubiquitous, as has the threat of cybercrime. In spite of the fact that there are numerous laws protecting victims of cybercrime or social media-related crimes, the need for new laws cannot be ruled out. The government should introduce the Right to be forgotten to control over personal data being given in some European countries. Along with this, strict action should be taken against wrongdoers to reduce the consequences of cybercrime. At last, it is concluded that social media is a bane or boon for everyone as it helps to connect with their loved ones, but on the other hand, some of its users have become the victims of cyberattacks. Despite the fact that various laws exist for protecting victims from wrongdoers, the need for new laws can never be ruled out.
The government should take strict action against the wrongdoers and punish them for their crime so that every user of social media feels secure. Along with the government, the users should also be aware of what they post on social media. It is very necessary to establish a specialized legislative framework to control or protect the cybercrimes. Social media can also become a blessing for one and a curse for another.
FAQS
1] What are those things that are harmed the most by Artificial Intelligence in Society?
So when we come to this point, we need to know that it breaks our privacy; nowadays, nothing is private. A lot is happening with the help of AI, and making people stupid with fake news.
2] Is privacy breaking down with the help of AI?
Nowadays days deepfake images are being created by putting another picture on someone else’s photo.
3] What is the breakdown of resources due to Artificial Intelligence?
Due to Artificial intelligence, it is doing every work with the help of technology, and people are losing their jobs because of AI, as people were doing manual work.
4] Lack of data privacy using AI tools?
AI is a kind of system that collects our data.
5] How can we say Artificial Intelligence is good?
We can say Artificial Intelligence is good, as it finds the Information that we need so quickly.
