SOCIAL MEDIA LAWS

INTRODUCTION 

Social media is spreading so fast and is becoming an integral part of life because of the most recent technological revolution. As the increasing popularity of smartphones, increasing growth has been witnessed. With these smartphones, access to any social media platform is easy from nearly every place. 

             Considering the significant areas in the lives of youths nowadays, it implicates social media. It is on the basis of this reality that today’s social media platforms have been very instrumental in forming and shaping public opinion. In that respect, it is through the social media networks that users are given a platform to  communicate their thoughts, ideas, and opinions on a particular subject.

 

DEFINITION OF SOCIAL MEDIA

The term social in regard to media suggests that platforms are user-oriented and becomes a place for communal activity. It combines technology,  communications, and social interaction, thereby providing a platform for exchanging ideas through written words, images, moving visuals, and musical pieces. Social media appeals to people of all age groups with special attraction among the youth because it gives them a medium to express their thoughts and discuss issues.

            There are several types of social media, like social networking sites such as Facebook, Instagram, Twitter, etc. Blogs, Vlogs, Social news, etc. All these options make it easily accessible to people. There are many advantages associated with social media; some of them include that it helps to stay updated about current times, offers people the convenience of connecting with friends, family, and relatives. It is easy to obtain information, go for easy banking, and other facilities that facilitate people to get any work done with ease. Fear Of Missing Out has developed a common disorder and often leads to a need to constantly check on social media sites. Your mental health may be affected by the belief that you might miss something in case you are not online. This could also be what leads up to spending more time online than staying in the present moment of the real world. This doesn’t mean social media is a problem; everything that is used in excess can become a problem.

 

LEGAL ISSUES

DEFAMATION: 

Defamation is a legal concept meaning the act of communicating a false statement about a person that causes damage to the person’s reputation or standing in the community. Because the Constitution of the United States assures citizens the right to freedom of speech, many times there is hardly a line drawn between exercising that liberty and making defamatory statements that serve to harm another person. To understand this concept a little better, the following explains the definition of defamation. When a person feels he has been wronged by libel or slander, filing a civil action can often result in the plaintiff securing a court ruling that orders the defendant to retract the offending statements and potentially issue a public apology. In case the defamation case is proven, monetary compensatory damages could be awarded to the victim for his pains and sufferings, and also any monetary loss he may have incurred due to libel or slander. 

PRIVACY: 

Privacy is that particular state where the person or group of persons can seclude themselves or their information from others and express them in a selective manner. The domain of privacy partially overlaps with that of security, which may include appropriate use and protection of information concepts.     

            Conceptualizations of privacy have varied over time. Most cultures do acknowledge that there is an individual right to keep at least a portion of a person’s private life apart from the public domain. The right of individuals to be free from unauthorized invasions of privacy by governments or corporations or by individuals is recognized by statutory or common law and, in some cases their constitutions, in many countries. The debate on privacy changed with the emergence of technology from a bodily sense to a digital sense. 

COPYRIGHT: 

Copyright refers to the legal right of the owner over intellectual property. In simple terms, copyright means that it is the right to copy. It means that only the original creators of products or any person they give authorization to have the exclusive right to reproduce the work.      

           It grants creators the right of exclusive use and further duplication of such material for some time. The copyright law is designed to protect creators against Plagiarism or unauthorized use and unauthorized duplication of original material. In general, works are copyright protected in the United States for 70 years beyond the creator’s death. Other forms of protection for works that cannot be protected by copyright include trademarks and patents.

TRADEMARK: 

It ensures that the goods having a mark convey the same quality to consumers. Apart from the quality related to goodwill, the trademark creates awareness of the brand and serves marketing purposes and advertising aspects. It is assured that trademark assures the effort to serve the consumers pay back.

Legally, it protects and frustrates counterfeiting or fraudulent activities against any particular brand. It is that which distinguishes and falls under distinctiveness. The idea is that trademarks would distinguish marketed goods, as well as services, from those of competitors.

 

SOCIAL MEDIA LAWS AND ITS IMPLICATIONS

Social media, therefore, is going to play a very vital role in everyone’s life in today’s modern era; most people use this medium to communicate to others or share their views, opinions, and ideas through various social media platforms that include Facebook, Twitter, and Instagram, among other social sites.

            It gives a quick electronic medium to share our information with others. It has the capability to connect with anyone who is across the world. Moreover, youth is one of the dominant users of social media. Besides, the news and view from different parts of the world get displayed on social media.

            Social media modes are also helpful in an educational sector, the most people follow various teachers and educational classes and get involved in E- classes. And in today’s time, it also helps to start a new business and start-ups through social media.

            Social media also has some reverse effect on the life of users. Extra dependency on social media detached them from their loved ones. It gives complete freedom to express their views to their users, but everything has its own merits and demerits, so this freedom also creates problems for its users. The freedom which is given to the users is not a problem in itself, but the misuse of that freedom creates more problems to them.

            As social media had huge crowds on their different platforms sharing content and information on a large scale, this led to the uprising of fake news. Most users who usually spread fake news, content, and information were on the lookout for greater things without doing due diligence and forgetting about the upcoming outcome. 

 

LAWS RELATING TO SOCIAL MEDIA

We are existing in a modern technologically sound world where one can have access to information very easily. However, media is the backbone of the same; therefore, in India, it is strictly regulated by different kinds of laws and codes. For the very reason that this profession involves the interest of the public and the nation, regulation, as such, is very much required because it is one of those industries which is considered growing out loud.

The Information Technology Act

Section 69 (a):

This section provided the procedure for blocking the access of the public to certain information. Whoever does not comply shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to pay the fine.

 

Constitution of India

“Free- expression is, therefore, unique among liberties”. Though there is no specific clause for freedom of the press, liberty of the press is included in freedom of speech and expression. No special rights or liberty are provided for the press as an entity; instead, it enjoys the same liberty and right as provided to individuals of the country under freedom of speech and expression. 

 

Indian Penal Code

It is a comprehensive code that tries to address all major aspects pertaining to criminal law. Whoever had violated the above-mentioned laws shall be treated according to the provisions under IPC:

Section 499 of defamation, by virtue of this, any person making a defamatory statement in writing or words aimed at destroying someone’s repute is liable under the law. Section 499 and 500 of the act are the main safeguards against the abuse of social media.

Section 505: Statements conducing to public mischief.

Sections 124A: This is sedition—anything which brings about a criminal act that encourages opposition that has the potential to bring down the government.

WHY LAWS REGARDING SOCIAL MEDIA ARE REQUIRED?

The Media is treated as the fourth pillar of democracy in India. As the basic structure of the legislature, executive, and judiciary is being replicated by the regulatory framework of India. Controls of a certain nature over the press are imperative, but at present, no regulations exist over the press in India. Though in the constitution, we can see that there is no specific article relating to media, it is just under article 19(1)(a) freedom of speech and expression.

We are living in a highly technically-driven world wherein information travels quick and is unaffected by the distance, thus the media must play a constructive role. One wrong, incorrect report has the potential to disturb society, lead to riots, or create hatred in the minds of people. The media should present the truth to society in India, where people of too many cultures and religions are living, but at the same time also stop false reporting and politicizing the stories to increase their popularity. Still, certain reasonable restrictions, which can help prevent hatred and communal problems created by any media personnel, are very much necessary, but ensure his freedom of speech and expression is safeguarded.

 

PROBLEMS REGARDING SOCIAL MEDIA LAWS

Every time a law is formed it will take into consideration three factors, the law, the economy, and psychology as the laws are primarily designed for the benefit of people. Because the media is one of the fastest-growing industries, there are growing worries over establishing a single legal framework that would bind all types of media together.

But with too many media houses in India, it is becoming difficult to control the media, and they justify it by saying that it is their wish for themselves. Self-regulation means maintaining freedom of expression without indulging in censorship or self-censorship but rather setting up fundamental standards of truth and morality. But there are discussions of implementing a definite legal framework in regulating media in India.

CONCLUSION

We live in an era that is accelerated by technology; to that end, the usage of social media has increased many folds. According to a research study, the time consumers spend on social media averages out at 142 minutes per day. For this reason, due to the increased usage of social media, it is of key importance to set up a specialized legislative framework that controls it and protects users from its abuse, avoiding cyberbullying. Social media has changed the face of communication across the world; freedom of speech becomes a very important issue in the virtual world. Where India does recognize freedom of speech as a fundamental right, it also restricts reasonable restrictions to protect public order and harmony. This inherent tension between the right to freedom of speech and protection from harmful speech must be balanced and nuanced within the legal bounds of free speech on social media. Indeed, the constantly shifting legal landscape through continuous debate, new regulation, and judicial intervention will finally settle this delicate balance in India.

Authored by- RAJASMITA CHATTERJEE , AMITY UNIVERSITY, KOLKATA