SOCIAL MEDIA LAWS AND ITS IMPLICATIONS

                                                   Author : Devika Joby m, Government Law College, Kozhikode

In the modern era, social media plays a crucial role in everyone’s life. It has become a platform where people share their views, opinions, and ideas while discussing relevant issues. Social media is so deeply integrated to people’s life that they find it hard to live without it nowadays. Social media also serves an important role in various platform for marketing, networking, and skill development. For students, it provides access to educational content and virtual learning opportunities while professionals across industries leverage it for promoting businesses, finding clients, and earning money through collaborations and sponsorships.

During emergencies social media is an essential tool for quickly disseminating information and coordinating relief efforts. Nevertheless, it is often criticized for amplifying misinformation, fostering polarizing echo chambers, and promoting excessive use that can lead to over-reliance.

Social Media: A Double-Edged Sword

Everything has its positives and negatives; it depends on us how we use it. On one side, it empowers individuals by providing platforms for self-expression, knowledge sharing, and community building. But on the other hand crimes facilitated through social media is n the rise. In earlier times people’s opinions were largely shaped by the traditional outlets such as newspaper, magazine etc. today however as social media has become an integral part of everyone’s life, it holds a huge part in shaping people’s opinions. While this has made information more accessible to everyone, it has also made it easier for false information, fake news, and propaganda to spread widely. What’s even more alarming is that social media content can be easily manipulated, with young minds often being the primary target. Its high time we recognise these issues and take actions against them.

Challenges Posed by social media in Modern Society

  1. Misinformation and Fake News:

It is the most common challenge faced through social media as the algorithm prioritises the most sensual content. This can lead public confusion, spread hate speech against communities and even build up fake accusations against people.

  1. Cyberbullying and Harassment:

As media platforms have emerged and gained widespread use, the grounds for cyberbullying have also come to the forefront. There have been numerous incidents where individuals have lost their lives because of cyberbullying, highlighting the extreme consequences that can stem from online harassment. Several tragic events have brought this issue to the forefront, with young victims often being the primary targets.

  1. Privacy and Data Security:

The large amount of personal information collected by social media platforms has raised concerns about privacy breaches and how this data is misused by third parties, such as advertisers, businesses, or even criminals. The data collected from the users is used to target people with ads and manipulate their needs.

Laws relating to social media in India

 Constitution of India 1950

Composition 19(1)( a) guarantees freedom of speech and expression, but this right is subject to reasonable restrictions under Composition 19( 2) to maintain public order, decency, and morality. 

Bharathiya Nyaya Sanhita 2023 

• Section 152 of BNS introduces the terms “electronic communication” and “ fiscal means ” as tools that can be used to promote secession, fortified rebellion, or racialism, making similar acts punishable

 • Section 299 of the BNS Act, replacing Section 295A of the IPC, addresses vicious acts committed with the intent to incite religious sentiments, icing stricter penalties for similar offenses.

 • Section 356 of BNS includes vilification, which was preliminarily in section 499 in IPC.

 Information technology act 2000

  • Section 66 this section deals with playing a computer with vicious intentions

  • Section 66 E this section is for violation of sequestration by transmitting private part filmland

Section 66 B, C, D Fraud, or deceitfulness using or transmitting information or identity theft

  • Section 67 This section states publishing stag information or pornography or transmission of stag content in public.

CASE LAWS:

Shreya Singhal v. the union of India 

This case has helped a lot in understanding social media laws. In this case, two women were arrested for a Facebook post, censuring a political  arrest. The court ruled that the laws were too vague and violated the fundamental right of speech. In 2015, the supreme court ruled down section 66A of the Information Technology Act 2000.Through this case the importance of having clear and fair laws for online speech without infringing fundamental rights is shown.

CONCLUSION

As it sums up, social media is fundamental to modern day existence and provides a host of advantages, namely communication, information exchange, and business possibilities. But it also comes with a lot of drawbacks, such as privacy issues, cyberbullying, misleading data, and exploitation. To address these concerns, stronger regulation and clearer regulations that protect users while preserving free speech are required. Protecting the rights of users requires social media companies to be more accountable and transparent as well as to improve privacy safeguards. Promoting knowledge of technology, especially among young users, can help to reduce the risk of misleading and online harm. Collaboration between governments, technology big businesses, and regulatory agencies will be critical in developing effective rules and ethical norms for online activity. Additionally, enhancing ways to report for harmful data and assisting constructive online communities could serve to create a more secure and responsible digital environment. By adopting these actions, we can make certain that social media becomes a positive influence while diminishing its potential for adverse impacts.

FAQ

  1. What role does social media serve in today’s world?

Social media has become an integral part of everyone’s life in today’s world. It now plays a crucial role in both professional and personal life and by giving forums for networking, schooling, and business promotion. 

  1. What privacy issues are associated with social media?

Significant amounts of personal data is collected by social media platforms, and advertisers, industries, and even bad actors may abuse this information. This information can every so often jeopardize user privacy and is frequently used for advertisements. 

  1. What effects does the Shreya Singhal case have on Indian social media regulations?

Clear regulations on online speech are essential, as demonstrated by the Shreya Singhal case, which led to the repeal of Section 66A of the Information Technology Act. It placed a strong emphasis on upholding accountability in digital spaces while trying to defend fundamental rights. 

  1. How does social media contribute to misinformation and fake news?

Social media platforms often prioritize sensational content through algorithms, which can lead to the spread of false information. This can cause confusion, promote hate speech, and spread baseless accusations.

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