Author: Shruti Jain, Teerthanker Mahaveer University, UP
ABSTRACT
With the advancement of technology, users may now access vast facilities at their fingertips. Social networking is one of the amenities. But the real question is: Are social media networks as safe as intermediaries say they are, and what laws are in place to effectively regulate them? The dangers and repercussions of social media are described in this article. Additionally, the restrictions are reviewed while considering the effects of social media.
INTRODUCTION:
In today’s era, social media plays a very important role in everyone’s life. Everyone today is connected to each other through social media. Today, it is the only means for everyone to communicate to others, to share their ideas and opinions through various social media platform.
Social Media is the only way to connect to anyone in the world wherever it may be whether abroad or inside the country. It is the quickest electronic medium to exchange data and information with others. They help in enhancing social connectivity by allowing their users to share information through writing, music, and images quickly and unaffected by distance. Despite the fact that there are tremendous benefits of using social media, there are certain areas of concern such as privacy and security which are required to be addressed.
NEED FOR SOCIAL MEDIA LAWS:
In order to address the crimes that are becoming more prevalent these days as a result of excessive usage of social media platforms, social media laws are necessary. These laws safeguard the illegal content by offering both civil and criminal remedies. The Digital Millennium Copyright Act and the Communication Decency Act are two laws that are related to social media lawsuits and are used to address cybercrime and issues in cyberspace.
People of all ages are experiencing an upsurge in online violence as a result of social media’s anonymity and quackery. Social media regulations are necessary to lessen crimes involving social media, such as stalking, harassment, bullying, and threats. As now, there is a very adverse affect of social media on today’s youth so it is necessary to have laws for social media users.
Fake news emerged as a result of the massive number of people using social media on various platforms to share content and information. Most users transmit false information carelessly and without considering the consequences of their actions. The new cyberworld was brought about by the quick development and emergence of technology, but regrettably, this also brought about the inevitable misuse of the technology, which gave rise to a variety of cybercrimes.
LAWS RELATING TO SOCIAL MEDIA IN INDIA:
Constitution Of India 1950
Laws related to social media can be seen in the Constitution of India 1950. Article 19(1)(a) provides freedom of speech and expression, but it is not absolute. Article 19(2) has certain restrictions.
Bhartiya Nyaya Sanhita 2023
Likewise, under the Bhartiya Nyaya Sanhita, 2023 (BNS), anyone who have been wronged can seek redress. Prior to this, the Indian Penal Code did not emphasize the use of electronic means.
The terms “financial means” and “electronic communication,” which are both illegal under Section 152 of the BNS, can be used to instigate secession, armed insurrection, or separatist. Similar offenses listed in 124A of the Indian Penal Code (IPC) are covered by it.
The BNS Act’s Section 299, which superseded Section 295A of the IPC, covers malicious acts committed with the intention of inciting religious emotion.
Previously covered by Section 499 of the IPC, defamation is now covered by Section 356 of the BNS.
Section 353, which the BNS enacted, is an important weapon in the battle against misinformation. This new provision criminalizes the deliberate creation, dissemination, or publication of false information. In addition to existing laws that deal with the same issue, this clause offers an additional legal weapon to stop the dissemination of false information. Previously, the IPC did not include it.
CASE:
Shreya Singhal vs. Union of India: In this case, police made an arrest of two women under Section 66A for posting comments on Facebook after the death of a political leader. The Supreme Court of India invalidated Section 66A of the Information technology Act, 2000 as it was unconstitutional.
CONCLUSION:
At last, it is concluded that social media is both bane and boon for today’s generation as it is used to connect and communicate to our loved ones whereas some of them become the victims of the online crime and cyberattacks. Despite knowing the fact that there are many such laws which prevent these types of crime but still there is need for more laws to abandon these crimes and criminals.
FAQS
Why cybercrime is increasing day by day?
Cyber Crime is increasing day by day every year because of the following reasons:
* Cyber Crime is easy to accomplish. A person having good knowledge of computer hacking can do Cybercrime.
* There is a lower risk of getting caught in Cybercrime.
* A cyber attackers can get huge money for their little work.
* Cyber attackers can target thousands of victims.
* With the introduction of cryptocurrencies, money laundering is getting
easier.
What are the steps that can be taken to prevent these wrongful uses of social media?
Educate People: Teach safe and responsible social media use.
Be Responsible: Think before sharing, avoid fake news, and be respectful.
Stronger Rules: Governments and platforms should enforce strict laws and guidelines.
Better Tools: Use technology to detect and remove harmful or fake content.
Stop Fake News: Fact-check posts and add warning labels to false information.
Protect Kids: Monitor kids’ activity and enforce age limits.
Promote Positivity: Spread kindness and encourage good online behavior.
Improve Tech: Block fake accounts, bots, and harmful content with smarter tools.
REFERENCES:
Constitution Of India 1950
Bhartiya Nyaya Sanhita 2023
Shreya Singhal vs. Union of India
Indian Kanoon – Search engine for Indian Law
Legal Service India – Law, Lawyers and Legal Resources
