Social Media

Today, social media is used by almost everyone in the world be it one form or the other. Social media is any digital tool, which allows the users to create and share any content with the public. Social media surrounds a wide range of other websites and applications.

Anyone having access to the internet can sign up for a social media account and can use that account to share and post any content and this content reaches to anyone who visits their account/profile/page.

Social media is used by individuals to stay in touch with friends and family, for social shopping networks, for sharing economy networks while it is used by businesses as a market to grow and expand their business and also to promote and sell their products. Some of the social media platforms used are Facebook, LinkedIn, Twitter, Pinterest, and Wikipedia.

Social media has not just confined its wings to sharing information and pictures, earlier predicted a basis of one-way communication, social-media has now become a platform of sharing thoughts, ideas, and reviews thus exercising freedom of speech to the amplest.

It’s a free platform where people find ownership. They speak on their own behalf without anyone guiding them and keeping an eye on what they have to filter while expressing. It is marked to be the widest source of original expression of speech amongst people not confining to any particular age group.

Considering the psychological aspect of why did social media become such a huge platform of expressing opinions and views, we can reach to a conclusion that India being an Illiberal democracy, where although elections are held considering the votes of citizens but the transmission of power, fulfillment of promises and upliftment of the general public through legal means is opaque. So, people have always had their share of debates and opinions which never paved way to the outside world due to lack or fear of power, for example- In 2011, Aseem Trivedi started a nationwide anti-corruption movement India against Corruption gathered pace in India. He started a cartoon based campaign, Cartoons Against Corruption to support the movement, launched a website www.cartoonsagainstcorruption.com and displayed his cartoons in the MMRDA ground, Mumbai during the hunger strike of Anna Hazare but the website was banned by Mumbai Crime Branch for displaying “defamatory and derogatory cartoons” in Dec, 2011 following his website’s ban. Thus, social media came as a blessing to people for voicing out their views and opinions, organizing protests, forming groups for discussing and assembling agendas in total exercising their freedom of speech.

We have seen some great moments in the past which started on the internet and took the world by storm, the most recent example of such a movement which gained world-wide public support and engagement was “Black Lives Matter”. This movement which started off as a mere hash tag spread likes wildfire. People expressed their opinions and views as to why racism is an offense and should be put to stop. Another most recent example of social media movement would be Agrima Joshua’s standup case which involved a clip of the stand-up comedian presenting a set with mentioning Shivaji Maharaj in her satire. This was not galloped by audience like cheese but incase turned out to be a huge ruckus for the comedian, the rage crossed boundary when a man from Gujarat went public on his YouTube channel and gave open rape threat to the lady which became a concern for him. Everyone stood up on social media for the woman and defended her saying open rape threats are not justifies. Within 24 hours of the movements, Vadodara Police arrested the man and took him behind the bars which once again marked the power of Social media as an expression of opinions, speech and Justice.

Freedom of Speech and Expression

Under article 19(1) (a)[1]of the Constitution of India Right to freedom of speech and expression is one of the major fundamental rights guaranteed to the citizens under part III of the Constitution of India. According to it:

All citizens shall have the right

(a) To freedom of speech and expression;

Freedom to Speech and Expression means a citizen has the right to express one’s own opinions freely by way or writing, printing, pictures, mouth or by any other mode. This means that expression of one’s idea through any communicable medium including writing, printing, pictures or mouth or visible representation including signs gestures etc.

This right is only available to the citizens and not to all persons, this means that every person within the territory of India does not have this right but it is available only to the citizens of India.

Right to Freedom of Speech and Expression is not an absolute right and it allows the govt. of India to frame laws and to impose restrictions in the interest of sovereignty and integrity of India.

Although there is no particular legislation which covers the leverage of expression and opinions or violation on social media but there are certain provisions in cyber-law which can be addressed in case of any violation or misuse of Social media, let’s study them in brief.

(a) Under Chapter XI of the Act, Sections 65, 66, 66A, 6C, 66D, 66E, 66F, 67, 67A and 67B contain punishments for computer related offences which can also be committed through social media viz. tampering with computer source code, committing computer related offences given under Section 43, sending offensive messages through communication services, identity theft, cheating by personation using computer resource, violation of privacy, cyber terrorism, publishing or transmitting obscene material in electronic form, material containing sexually explicit act in electronic form, material depicting children in sexually explicit act in electronic form, respectively.

(b) Section 69 of the Act grants power to the Central or a State Government to issue directions for interception or monitoring or decryption of any information through any computer resource in the interest of the sovereignty or integrity of India, defense of India, security of the State, friendly relations with foreign States, public order, for preventing incitement to commission of any cognizable offence, for investigation of any offence.

(c) Section 69A grants power to the Central Government to issue directions to block public access of nay information through any computer resource on similar grounds.

(d) Section 69B grants power to the Central Government to issue directions to authorize any agency to monitor and collect traffic data or information through any computer resource for cyber security.

(e) Section 79 provides for liability of intermediary. An intermediary shall not be liable for any third party information, data or communication link made available or hosted by him in the

Section 66A of the Information Technology Act, 2000.

Of all these provisions, Section 66A has been in news in recent times, though for all the wrong reasons. Before discussing the issue in detail, it is desirable to first have a look at Section 66A, the provision itself. Section 66A of the Information Technology Act, 2000 inserted vide Information Technology (Amendment) Act, 2008 provides punishment for sending offensive messages through communication service, etc. and states:

Any person who sends, by means of a computer resource or a communication device-

(a) Any information that is grossly offensive or has menacing character;

(b) Any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently by making use of such computer resource or a communication device,

(c) Any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages shall be punishable with imprisonment for a term which may extend to three years and with fine.

Social Media and Freedom of Speech and Expression

Everybody needs a platform where he needs to express him/her and which is the fundamental right of every citizen in India in which he has the right to express oneself. Today Internet and Social Media has become an important communication tool through which individuals can exercise their right to freedom of speech and expression and exchange ideas and information with each other. However, freedom of speech and expression does not confer a right on the citizens the right to speak or publish anything and everything without responsibility. It is not an unbraided license giving immunity for every possible use of language and prevents punishment for those who abuse this freedom.

The legislature has the power to enact laws under Right to Freedom of Speech and Expression to impose restrictions on the following grounds:

·         Sovereignty and Integrity of India

·         Defamation

·         National Security

·         Public Order

·         Decency

·         Friendly relations with foreign states.

In today’s world where Internet and social media play a major role in almost everyone’s life, access to this medium has also been recognized as a fundamental human right. The state is under a constitutional obligation to ensure conditions in which all citizens can meaningfully and effectively enjoy these rights and to also prevent dominance by a few over others. In India there is no specific legislation, which deals with social media. However, there are certain provisions in the so called cyber laws that cane used to seek redressal in case of any violation of any rights in the social media including cyber space and internet. In Muzzafar Nagar Riots, through investigations it was revealed that hate contents circulated on social media has sparked communal clashes. For almost half a dozen communal clashes in India it was proved that the reason was the contents posted on social media. The present cyber laws in India are neither appropriate nor adequate in this respect. Though social media is the best platform to express yourself freely and without any fear but the content that you put on the blog or post any video or photo stays on the internet forever and can be accessible by anyone and everyone, there needs to be regulation on the social media as well. In the past few years’ social media has played an outstanding role and a suitable place for people moving towards the concept of equality, justice, and accountability of the powerful people, the social media and internet are the key sources through which there is transmission of ideas from one place to the other, an excellent opportunity for the people who want to make others aware of their rights and duties through a digital platform. Even the freedom of speech and expression is recognized by the United Nations Human Rights Council, which holds communication and internet in high esteem and also provides practical applicability of the right of speech and expression through the medium of altered media channels. LIC v Manubhai D Shah[2] the judgment held that the right to freedom of speech and expression would include the freedom of a citizen as a viewer/listener/reader to receive and to communicate or disseminate information and ideas without interference. It is the constitutional obligation of the state to ensure conditions in which these rights can be meaningfully and effectively enjoyed by all citizens and prevent its monopoly or dominance by a few. While talking about the freedom and the rights of the citizens what also needs to be focused on is that the freedom to speech and expression is not an absolute right there are certain reasonable restrictions on this right so that the state can be saved from being jeopardized, in the interest of integrity, sovereignty and security of India. But in the case of Anuraddha Bhasin v Union of India[3] in which the Supreme Court criticized the shutdown of the internet for an unjustifiable duration and said that the lockdown of the internet is to governed by different provisions like the temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017 where suspension can be utilized for a temporary duration only and rule which involves the shutdown of the internet should adhere to the principle of proportionality. Keeping in mind the accessibility of the internet in today’s world there needs to be protection and securitization of the data and the information available of our citizens on the internet, the international standards also provide for the protection of freedom of expression and right to equality the protection provided by the international standards must be the backbone of any states and response to hate speech, intolerance and discrimination. States needs to ensure that there is protection of human rights when they come in contact with private individuals it is also necessary that there is effective exercise of the rights of individuals so that they freely receive and impart ideas.

RESTRICTIONS ON SOCIAL MEDIA AND FUNDAMENTAL RIGHTS

There is imposition of restrictions both on social media and the fundamental guaranteed to us by the Constitution, in social media there is restriction in the form that pornographic material and obscene content is banned and is not shown on the internet comparing it to the restriction imposed under article 19 (2) which says that there is reasonable restriction on the fundamental right given under article 19 (1) (a). Rather than defining and introducing new ‘objectionable speech’ despite what should be assessable is India’s laws and policies as they relate to freedom of expression which might be against the standards set by the Constitution. Considering this there would be an ensurance that there is distinction between socially objectionable and legally objectionable it remains at its place as it should be. Since this is followed there would be assurance that Constitution is being operationalized as intended by its authors. In Secretary, Ministry of Information And Broadcasting, Government of India and Others v Cricket Association of Bengal and Others[4], the Supreme Court held that to ensure there is freedom of speech, it is necessary that the citizens have the benefit of plurality of views and range of opinions on all public issues. Considering all the points about the restrictions imposed on social media and rights of the citizens it can be stated that rather than banning and censoring of social media it would be much better if there is better surveillance and regulation it would be desirable that it protects the rights of the citizens. T is the need of the hour that the hate content which is a despair of our country should be removed and blocked and the culprits who create such discord should be punished for the same according to the laws mentioned, on the other hand there should not be complete surveillance of the content being constantly posted on the internet because then that would get between the way of expressing oneself and putting out to the public their thoughts and ideas. There is a very thin line between regulation and hindrance, if there is over regulation on the social media then that would by intolerable for the citizens and would lead to the hindrance of their private fundamental rights which is guaranteed to them by the Constitution of India.

CONCLUSION

Social Media is a very powerful source of expressing the feeling of agitation, happiness and various other human emotions but there should be control on everything and everything has to be done in a regulated manner, Since the past few years there has been a constant increase in the ill utilization of the social media which has given the government to regulate social media where it can censor all the illegal acts. In both directions there need to be a stoppage on the objectionable and illegal content which is being uploaded on the internet and also there can be violation of civil rights of people as an inevitable consequence of censorship. The current IT laws are inadequate and insufficient to cope up with the dynamic changes around the globe, therefore there should be a midway of solving things there should be regulation of social media in such a way that it does not violate the fundamental right of the citizens what is desirable is a specific regulation which regulate social media. The need of the hour is that the government should form a regulatory committee specifically for this purpose and frame laws which seem to be fulfilling in the respect of regulating social media and our freedom of speech and expression.

On seeing the present scenario we can say that yes, social media has been a provider of a platform for people to express and present emotions like rage, grief, opinions and feelings. It not only has made citizens more woke and informed but has even helped in shaping the government according to the needs of the public. As there is bane so is boon, Social media has been blamed at points for forging identities, cyber bullying, intolerant opinions and even on moral grounds such as slut-shaming, fat-shaming. There are few provisions which guide the control of social media in terms of speech and expression but no formal legislation that contributes towards it. In conclusion, it is a gift if used as a means of expression, knowledge and presentation and may turn it way upside down if used otherwise.