Author – Tanishka Ranjan, Vivekananda Institute of Professional Studies
To the Point
Social media, once merely a platform for connectivity, has now evolved into a powerful tool of communication, influence, and governance. With its exponential growth in the 21st century, social networking transcends geographical, cultural, and generational boundaries. However, this transformation brings with it ethical dilemmas and privacy concerns, as the thin line between public and private life blurs. In India, where the constitutional right to privacy is now recognized as a fundamental right, the regulation of social media raises complex questions of ethics, privacy, surveillance, and accountability.
Use of Legal Jargon
Right to Privacy – Enshrined under Article 21 of the Constitution post K.S. Puttaswamy v. Union of India (2017), privacy is now a facet of the “right to life and personal liberty.”
Informed Consent – A user’s ability to control personal data shared online, aligned with principles under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
Data Mining & Profiling – Automated extraction and analysis of user data for targeted advertising or surveillance, which may constitute invasion of informational privacy.
Cyber Defamation – Publishing defamatory remarks through social platforms, actionable under Section 66A (struck down in Shreya Singhal) and under the Bharatiya Nyaya Sanhita (BNS) 2023 provisions on defamation.
Ethical Use Doctrine – A moral compass prescribing authenticity, transparency, and accountability in digital interactions.
6. Cyber Bullying and Harassment – Covered under Section 67 of IT Act, BNS provisions on online harassment, and recognized as violations of dignity under Article 21.
The Proof
The proof of the growing ethical and privacy challenges on social media lies in statistics, cyber-crime records, and judicial pronouncements:
According to CERT-In reports, cyber security incidents in India increased by over 15% annually, with phishing and social media impersonation being primary causes.
The Facebook–Cambridge Analytica scandal globally highlighted how personal data can be misused for political profiling.
Indian courts have consistently reiterated that online freedom is not absolute and must be balanced against public order, morality, and national security.
Cases of morphing images, revenge pornography, trolling, fake news, and financial frauds show how ethical lapses and weak privacy safeguards directly impact society.
Thus, the intersection of law, ethics, and technology becomes indispensable in governing social media use.
Abstract
Social media represents the digital public square of modern civilization, but unlike traditional spaces, it is corporate-owned, data-driven, and surveillance-friendly. Ethical dilemmas arise from issues like misinformation, oversharing, lack of transparency, and commercialization of user data. Privacy challenges manifest through data mining, hacking, cyber bullying, and loopholes in privacy settings, which compromise autonomy and dignity.
The right to privacy, constitutionally guaranteed in India, must be reinforced through robust data protection laws, judicial vigilance, and user responsibility. The ethical principles of authenticity, transparency, and responsible communication must guide online conduct. Through case law analysis, statutory framework, and global jurisprudence, it becomes evident that ethical digital citizenship and privacy protection are crucial for sustaining trust in the digital ecosystem.
Case Laws
K.S. Puttaswamy v. Union of India (2017) – Landmark judgment where a 9-judge bench of the Supreme Court recognized privacy as a fundamental right under Article 21. This case forms the constitutional backbone for social media privacy regulation.
Shreya Singhal v. Union of India (2015) – The Supreme Court struck down Section 66A of the IT Act as unconstitutional, holding that vague restrictions on online speech violated Article 19(1)(a). It reaffirmed that social media freedoms are protected but subject to reasonable restrictions.
Justice K.S. Puttaswamy (Aadhaar Case) v. Union of India (2018) – While upholding Aadhaar, the Court emphasized data minimization and proportionality, relevant for social media platforms handling user data.
Anuradha Bhasin v. Union of India (2020) – The Court held that freedom of speech and trade over the internet is a constitutional right, stressing that restrictions like internet shutdowns must be reasonable and temporary.
Google India Pvt. Ltd. v. Visaka Industries (2020) – The Delhi High Court held that intermediaries cannot escape liability if they fail to act upon knowledge of unlawful content, bringing ethical responsibility into intermediary liability.
6. Faheema Shirin v. State of Kerala (2019) – The Kerala High Court recognized the right to internet access as part of the right to education and privacy, further cementing the ethical duty of ensuring safe access.
Conclusion
Social media is both a boon and a bane. While it democratizes speech and enables global connectivity, it also opens avenues for privacy breaches, ethical violations, and misuse of personal data. The law provides some safeguards, but ethical responsibility lies with both users and platforms.
For users – Responsible sharing, adjusting privacy settings, avoiding oversharing, and being vigilant.
For platforms – Ensuring data protection, transparency in algorithms, accountability for misinformation, and ethical advertising.
For law and governance – Enacting strong data protection frameworks (like the Digital Personal Data Protection Act, 2023 in India), upholding judicial oversight, and balancing free speech with privacy.
Ultimately, ethical digital behavior must complement legal safeguards. A society that ignores digital ethics risks loss of trust, exploitation of vulnerable groups, and erosion of democratic values.
FAQs
Q1. Why is ethics important in social media?
Ethics ensures that the power of social media is exercised with responsibility, truthfulness, and respect, preventing misinformation and harm.
Q2. What are the biggest privacy threats on social platforms?
Data mining, phishing, cyber bullying, hacking, oversharing, and misuse of personal data by third parties.
Q3. What legal protections exist in India for social media privacy?
* Right to Privacy (Article 21, Puttaswamy case)
* IT Act, 2000 provisions on cybercrime
* Digital Personal Data Protection Act, 2023 for regulating data handling
* Judicial precedents ensuring freedom of speech and protection from harassment.
Q4. Can social media platforms be held liable for unethical practices?
Yes, under the IT Act’s intermediary liability provisions and recent judicial interpretations, platforms must remove unlawful content upon notice, or face liability.
Q5. How can individuals safeguard their privacy on social media?
By reading terms of service, adjusting privacy settings, using strong passwords, avoiding suspicious links, and being mindful of the information they share.
Q6. Is freedom of expression on social media absolute?
No. As per Article 19(2) of the Constitution, online speech can be reasonably restricted for public order, security, morality, and defamation.
