Regulation of viral content in social networking sites

In this modern era of technology, social media is becoming an important component of daily life and the majority of youth prefer to communicate their ideas, thoughts and opinions through it. Some of the social networking sites used extensively include Instagram, Twitter, Facebook. They help in enhancing social connectivity by allowing their users to share information.

Despite the fact that there are numerous benefits of using social media, there are certain areas of concern such as privacy and security which are required to be addressed.

Social media laws are required to deal with the crimes emerging these days due to the excessive use of social media platforms. Due to excessive use of social media, there is an increase in online violence affecting people of all ages. In order to reduce social media related crimes including stalking, harassment, bullying and threats, social media laws are required.

1. Prevent misinformation and fake news

   Laws required platforms to identify, label and remove fake news or misleading content, reducing the spread of disinformation.

2. Protect user rights

   Laws safeguard users’ privacy, prevent online abuse and combat misinformation, ensuring compliance with national and international laws.

3. Regulate online harassment

   Law provides victims with legal recourse and requires platforms to create safer environment, reducing cyber bullying and online harassment.

4. Ensure national security

   Governments use social media laws to regulate content that threatens national security, preventing terrorist propaganda and cybercrimes.

5. Promote transparency

   Laws mandate stricter verification processes and ensure transparency in sponsored content.

India is home to one of the largest online audiences in the world. Social media platforms have transformed ordinary individuals into celebrities with significant followings. While this offers immense opportunities for brand collaborations and personal branding, it also exposes creators to various legal pitfalls.

Social media laws are essential to regulate the dynamic and far-reaching impact of social media platforms on society. These laws ensure accountability, safeguard rights and address challenges posed by rapid growth of these platforms.

The Information Technology Act, 2000 is a primary law in India for dealing with matters related to e-commerce and cybercrime.

Some of the sections of the IT Act are listed as follows —

• Section 66A – This section of the IT Act gives the power to arrest anyone sending messages or posting content on social media that could be deemed offensive. Also, it’s offensive to send any wrong or false information for the purpose of spreading hatred, annoyance, inconvenience, obstruction, danger, enmity, insult and criminal intimidation.
• Section 69A – According to this section, the government has the authority to monitor, decrypt or intercept any information that is not consistent with provisions of the government. It empowers the authorities to block internet sites by following an appropriate procedure. The one who did not comply with the provisions of this section is punished with imprisonment and a fine.

Bharatiya Nyaya Sanhita is addressed as the official criminal code of India aimed at covering all essential areas of criminal law. There are different sections in the BNS 2023, which deals with crimes related to social media. Some of the sections identified for the same are illustrated as follows –

• Section 196 – the purpose of this section is to punish those who attack the religion, place of birth, language and race of any particular religion or group.
• Section 356 – it primarily deals with defamation where an individual faced legal consequences for making a defamatory comment either verbally or in writing with a motive to destroy someone’s reputation.
• Section 353 – under this section anyone who makes statements promoting public annoyance faces legal consequences.
• Section 79 – it deals with the crime of disrespecting women’s modesty and the punishment for the same will be imprisonment or a fine.

An intermediary should inform the user of its computer resource not to publish, display, update, modify or share information that belongs to another person which is defamatory, obscene and infringes intellectual rights. Also, the online activities that threaten the unity, integrity, defense, security or sovereignty of India should be avoided.

• Shreya Singhal vs. Union of India (2015) – in this case police made an arrest of two women under section 66A for posting comments on Facebook after the death of a political leader. The Supreme Court of India invalidated section 66A of the Information Technology Act, 2000 as it was unconstitutional.
• Arvind Kejriwal vs. State and Anr. – the Delhi High Court ruled that re-tweeting defamatory content on social media constitutes defamation, emphasizing responsibility and accountability in digital sphere. This case established that public figures cannot escape liability for reposting defamatory material just because they weren’t the original authors.
• Swami Ramdev and Anne vs. Facebook Inc. and Ors. (2019) – the court ordered removal of defamatory content globally if uploaded from India or on Indian computer resources, discussing international jurisdiction.

Regulating viral content on social media platforms is a complex but necessary undertaking. One inaccurate or false piece of information posted by an individual on social media may lead to a negative impact on society. The media should focus on providing truth to people as well as restrict the spread of false and incorrect information for eliminating hatred and communal problems.

In spite of fact that there are numerous laws protecting victims of cybercrime or social media related crimes, the need for new laws cannot be ruled out. Along with this strict action should be taken against wrongdoers so as to reduce the consequences of cybercrime.