SOCIAL MEDIA LAWS AND ITS IMPLICATIONS
By - Anushka Bagri
“Privacy is dead, and social media holds the smoking gun.”
Social Media being a crucial part of Media is a platform to reach people which means social media
are digital channels that allows interaction and networking among social users by sharing
information and working together through online apps and platforms. It mainly comprises internet
and web-based software or apps on a computer, tablet, or phones, through which people can
quickly and electronically share personal information, documents, movies, and photos, etc. As
everything in this world have pros and cons, then how social media can be exempted from this
concept? It too has cons along with pros, such as Privacy concerns and security issues, which
make regulation of social media mandatory. So, to regulate social media there are various social
media laws in India and this Article will be focusing on those laws and their implications.
Excessive use of social media in current scenario has developed its negative effects in huge
amount, which if legally observed lead to commission of various offences, that can be civil or
criminal acts and to deal with such offences social media Laws are necessary and in India at
present there are certain laws which handles Social Media Platforms such as Digital Millennium
Copyright Act and the Communication Decency Act, Information Technology Act, Constitution
of India, Indian Penal Code etc.
❖ Article 19(1)(a) of the Indian Constitution grants Right to Freedom of Speech and
Expression to every citizen, which is a fundamental right, through this right every citizen
can raise his voice against any wrong done to him or society or give his opinion with
respect to anything but this right is not an absolute right but state can impose reasonable
restrictions in the interests of the security and sovereignty of India, friendly relations with
Foreign States, public order, decency or morality in the relation to contempt of court,
defamation or incitement to an offence.
❖ Sections 124A, 153A, 292-293, 295A, 499, 505, 506, 509 of Indian Penal Code, 1860
regulates the offences namely sedition, promoting enmity between groups on the basis
of race, religion, etc., obscenity (including pornography), intentionally insulting
religion, defamation, public mischief, criminal intimidation and insulting the modesty
of women. Out of all these laws section 499 and 500 of the Indian Penal Code, 1860
are very effective provisions to protect the reputation of people by punishing social
media abuse and these sections make it illegal for everyone to disseminate false
information about anybody’s character.
❖ Digital Millennium Copyright Act and the Communication Decency Act resolves the
problems of cyber crime or cyberspace.
❖ Information Technology Act, 2000 deals with the matters of e-commerce and
cyber crime. The aim of this Act is to provide legal recognition to transactions created
through electronic data exchange or any other means apart from paper-based
communication and to digital signatures and grants legal sanction to enable egovernance. It penalises different acts such as fraud, crimes committed through
computers and network. Also, provisions of IPC, 1860, Indian Evidence Act, 1872 and
Reserve Bank of India Act, 1934, and the Banker’s Book Evidence Act, 1891 are
amended with the enactment of IT Act, 2000.
Section 66A of this Act states that Any person can be arrested who sends messages or
post any content on social media which is deemed to be offensive. Also, it is offensive
to send any false information with intention to spread hatred, annoyance, obstruction,
inconvenience, danger, enmity, insult and criminal intimidation. But this section has
been declared unconstitutional by the Supreme court in the case of Shreya Singhal v.
Union of India, 2015 for violation of Article 19(1)(a).
Section 69A of IT Act, authorises government to monitor, decrypt or intercept any
information which is inconsistent with the government policies and it gives power to
block internet sites through proper procedure and penalty for one who doesn’t follow
the provisions of this section is imprisonment and fine. This section was recently
applied by the government of India for banning Chinese Apps, etc.
Social Media being one of the forms of mass media
communication is both blessings and curse
for the society as it helps people on the one hand and raises trouble on the other as with the
advent of social media ways of crime has changed and at present there are various social media
crimes existing in the society such as cyber bullying, Cyber Defamation, Email Phishing, Fake
Profiles and Burglary via social networking, etc., so it is necessary for government to make an
effective law which is specially dealing with Social Media as we know there are laws existing
with regard to it but they are not sufficient with respect to the increasing rate of crimes. Hence, it is need of the hour to enact effective social media Laws.
Author Name- Anushka Bagri (Student of B.A.LL. B 4
th year)
College- Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith
SOCIAL MEDIA LAWS AND ITS IMPLICATIONS
