SOCIAL MEDIA LAWS AND ITS IMPLICATION
Author:- Bhaavya Mishra, a Student of Vikramajeet Singh Sanatan Dharam college, kanpur
Introduction
2Ist century the time of being social and the era of social media. Today the world can’t live can’t turn on their life without being active on social media, it is the whole and sole of a modern and growing human being. From clothes to classes everything is based and done on social media.
It is the most common and the easiest way to work from startups to business to share thoughts. From comedy to tragedy everything is shared by us on social media.
Social media is our life but is our life and rights are safe here? the answer is they are safe but not in every manner. Social media has the adverse effects more than its benefits. Twitter, facebook, Instagram are mostly used sites and the bunch of social media crimes also. That is the reason there is the huge necessity of good and effective social media laws.
Need of Social Media Laws:
If there is the need of social media then there is also the need for its laws because without laws or restriction anything can make harm to society. There are many things on social media that are effecting human rights and also our fundamental right. There is the increase in crime of stalking and harassment after the massive use of social media. Social media is playing the huge role in threats and fake news spread during violence anywhere around the world.
There are various laws relating social media such as Digital Millennium Copyright Act Communication Decency Act Cybercrime and cyberspace laws for cyber relating problems. But they are not sufficient for todays sense there is the need of more effective laws foe the content that are effecting the mental status of new generation. The much needed law is for the prrnography and sexual content that is spreading widely. Children below 18 are mostly get effected with this kind of content. There is also the need of highly secure platform for women as their safety is somewhere effected due to social media.
Laws Relating Social Media:
Constitution of India- Under article 19(1) Freedom of speech and expression is provided to every person and social media is best use of ir but government has also put some restriction on it under article 19(2).
Indian Penal Code- Sec 124A Sedition, Sec 153A promoting enmity, Sec 295A intentionally insulting religion, Sec 499 for defamation, Sec 505 and Sec 509 for public mischief and disrespecting women’s modesty respectively.
Information Technology Act 2000
Online safety act 2015 in Australia
Case Laws:
Shreya Singhal Vs Union Of India (2015)
In this case Supreme case declared Sec 66A of Information technology act unconstitutional as it restrict the freedom of speech and expression.
Tehseen S. Poonawala case (2018)
In this case supreme court gave freedom to government to take any action against the circulation of irresponsible messages and circulation of threats which increase the violence.
Arnab Goswami Vs State of Maharashtra (2020)
In this case Arnab Goswami a journalist was sued by a leader of political party with defamation as he questioned him for killing of saint in Palghar but Goswami said his statement does not any unrest.
Conclusion:
Social media is the need of generation and social media laws is the need of safety of generation. The laws are their but not sufficient as they should be. As we know the society is changing and getting fast and modern day by day with the technology the violence and crime are also growing and increasing.
For the safety and security of future government should pay more attention towards the remoteness and effectiveness of internet laws.
Reference:
*Bhaavya Mishra, a Student of Vikramajeet Singh Sanatan Dharam college, kanpur *