The Legal Side of Social Media: What You Need to Know

Author: Mudit Bhati, Law Faculty, BHU



Social media laws refer to regulations and policies governing the use of social media platforms to ensure accountability, protect user rights, and maintain ethical standards. These laws differ from country to country and are designed to address issues such as privacy, misinformation, online harassment, content moderation, intellectual property, and data security. There are many social media platforms including Facebook, Twitter, Instagram, Telegram, Gmail, WhatsApp, etc. These social media platforms allow users to access social blogs, vlogs, news, and others. Social media combines communications, technology and social interactions and offers a platform to exchanging ideas through written words, images, moving visual and musical compositions. We all know that there are tremendous benefits of social media but there are also certain areas of concern such as security and privacy of an individual. Also, misinformation and false information about anything could lead to violence and could have a negative impact on society.

Need of Social Media Laws
Social media laws are essential to regulate the dynamic and far-reaching impact of social media platforms on society.  They ensure accountability, safeguard rights, and address the challenges posed by the rapid growth of these platforms. Social media platforms collect and process vast amounts of user data, which can be misused if not adequately protected. Social media laws require platforms to identify, label, and remove fake news or misleading content. The rise of social media has contributed to an increase in cyberbullying, trolling, and online harassment. Laws provide victims with legal recourse and require platforms to create safer environment. Social media can be exploited for terrorist propaganda, cybercrimes, etc. Governments use social media laws to regulate content that threatens national security. Without laws, platforms might avoid responsibility for harmful content, hate speech, or illegal activities. Social media laws hold platforms accountable for failing to act on complaints or allowing the proliferation of harmful material. Social media is often used for phishing, scams, and financial fraud. Laws mandate stricter verification processes and measures to prevent deceptive practices. Social media laws promote transparency in algorithms and require platforms to disclose their impact. Children and vulnerable groups are particularly susceptible to exploitation and harmful content. Laws ensure transparency in ads, requiring platforms to disclose sponsored content and prevent unethical practices.

Laws Relating to Social Media in India
1) Information Technology Act, 2000:
The IT Act, 2000 (Information Technology Act) serves as the main legal framework for cybercrime and e-commerce.
● Section 66A of this act says that if any person who sends a message by any means of communication device any information that is offensive and if specially created to annoy, spread hatred, criminal intimidation shall be subject to imprisonment which may extend to a term of three years and a fine.
● Section 69A of this act says that government has the right to ban or stop public access to any information that is not consistent with provisions of the government, additionally this section outlines the process of blocking access of the public to certain information. Anyone who fails to comply with this provision may face imprisonment for up to seven years and could also be required to pay a fine. The ban on many Chinese apps recently in India was done under this section 69A of the IT Act.
2) Constitution of India:
The Indian Constitution provides certain basic rights to every citizen of India. These rights safeguard their basic life interest and if it is violated, remedy if provided to them. Article 19 of the Indian Constitution guarantees the right to freedom, there is no specific mention of freedom of press/media but it flows through Article 19(a) which is the right to freedom of speech and expression. When people are not able to express their thoughts freely, true freedom of expression is upheld, it marks the start of a free society and ensures the preservation of liberty.
3) Indian Penal Code (IPC):
The official criminal code in India is addressed as IPC (Indian Penal Code). IPC aims to cover all the important areas of criminal law. Sections of IPC that address hate speech and offensive content often apply to social posts:
● Section 153A: Penalizes promoting enmity between different groups based on religion, race, caste, language, community, etc. It is aimed at curbing hate speech and divisive acts that can disturb public order.
● Section 295A: Criminalizes deliberate acts intended to outrage religious feelings of any class of citizens in India by insulting their religion or religious beliefs.
● Section 505: Penalizes statements made to incite public mischief or hatred.
● Section 499: Deals with defamation, including publications of false statements on social media that harm a person’s reputation.
● Section 509: Protects women against obscene gestures, words, or actions intended to insult modesty, including online conduct.
● Section 507: Penalizes criminal intimidation through anonymous communication, applicable to threats sent via social media.

Case Laws Related to Social Media Laws in India:
● Shreya Singhal vs. Union of India (2015): The Shreya Singhal vs Union of India is a landmark judgement by the hon’ble Supreme Court of India that struck down Section 66A of the Information Technology Act, 2000 for violating Article 19(1)(a) of the constitution, which guarantees freedom of speech and expression. Section 66A penalized sending “offensive” online messages but was criticized for its vague and broad language, leading to misuse and arbitrary arrests, such as the case of two women arrested for a Facebook post criticizing a political shutdown. The court held that the provision was unconstitutional as it went beyond the reasonable restrictions permitted under Article 19(2) and lacked clear definitions. However, it upheld section 69A, which allows the government to block content with procedural safeguards. This judgment reinforced the importance of free speech in the digital age, curbing state overreach and ensuring protection against arbitrary restrictions on online expression.
● Suhas Katti vs. Tamil Nadu (2004): The Suhas Katti vs Tamil Nadu case is a landmark judgement in social media laws, marking the first conviction under section 67 of the Information Technology Act, 2000. The accused posted obscene, defamatory content and the victim’s contact details on a Yahoo message group, leading to her harassment by strangers. Charged under section 67 of the Information Technology Act, along with sections 469 and 509 of the IPC, Katti was convicted and sentenced to two years of imprisonment. This case is pivotal in addressing cyber harassment and social media misuse. It established legal accountability for online misconduct, underscoring that online misconduct, underscoring that anonymity does not shield offenders. It also highlighted the judiciary’s role in upholding the rights of victims, especially women, against digital abuse. By strengthening the enforcement of cyber laws, the case encouraged victims to report cybercrimes, paving the way for safer use of online platforms and social media.

Conclusion


The evolving landscape of social media laws reflects the growing need to balance freedom of expression, privacy, and accountability in the digital age. As governments and regulatory bodies introduce measures to combat misinformation, hate speech, and data breaches, the challenges lie in ensuring these laws do not stifle innovation or infringe on individual rights. Collaboration between policymakers, social media platforms, and civil society is essential to create fair and transparent frameworks that address the complexities of online communication. According to a study, on average, consumers spend 142 minutes a day on social media. As social media continues to grow, creating a specialized legislative framework is crucial to regulate its use, safeguard users, and curb cyberbullying. Ultimately, well-crafted social media laws can foster a safer and more responsible digital environment, benefiting users and society as a whole.

FAQS


1) What are social media laws?
Social media laws consist of rules and regulations that are designed to govern the use of social media platforms to ensure legal, ethical, and responsible behavior online.


2) Why are social media laws important?
They help to protect users’ privacy, prevent online abuse, combat misinformation, and ensure compliance with national and international laws.


3) How can victims of online harassment seek help?
Those who experience abuse can report it to the platform, contacting law enforcement, or pursuing legal advice.


4) Can I be sued for false advertising on social media?
Yes, misleading or deceptive advertisements can result in legal consequences under consumer protection laws.
     

 

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