INTRODUCTION
In today’s time, social media has become an inseparable part of our lives. It is used to communicate and connect to anyone throughout the world through various platforms like Facebook, Instagram, Twitter, etc. It helps in people to interact with each other regardless of their location, background, and interests. Social media plays a significant role in many areas. For example; In the educational sector with the help of e-classes, for promotion of new startups. One of the dominant users of social media is the youth.
Like every coin has two sides, social media also has its dark side. Different kinds of content posted by a large number of people also results in fake news being spread out and cybercrimes.
TYPES OF SOCIAL MEDIA RELATED CRIMES
A few common types of crimes being committed on social media are as follows:
- Stalking and Cyberbullying: online threatening, stalking and bullying are the most commonly reported types of crimes on social media. Many of these types of crimes go unpunished because of a lack of awareness in people.
- Buying or Selling Illegal Things: social media as a platform is much used for carrying out online business. However, buying or selling illegal goods over social media such as drugs can be considered a serious crime.
- Hacking and Fraud: getting access to others’ accounts through fraudulent means or creating fake or anonymous accounts is one of the most common forms of crimes committed over social media.
- E-mail Phishing: It is an e-mail fraud in which e-mail messages are sent by fraudsters impersonating themselves as organizations, companies, etc., and extracting personal information like passwords, bank account pins, etc.
- Other Financial Frauds: These include monetary frauds committed through Internet banking and the transfer of money without the knowledge of the account holder.[i]
LAWS RELATING TO SOCIAL MEDIA IN INDIA
- Constitution of India: Article 19 is a fundamental right provided to every citizen of the country. Clause (a) of Article 19 provides the right to freedom of speech and expression which includes expressing freely even on social media platforms. People can express their views in whichever way they want verbally or on their social media platforms. However, this right is not absolute. It comes with certain reasonable restrictions.[ii]
- Information Technology Act(IT), 2000: According to section 66(a) of the IT Act, sending offensive messages (text, audio, or video messages) to any person is punishable under this. However, In the case of Shreya Singhal v. Union of India, the Supreme Court struck down section 66A of the IT Act stating that it restricts the freedom of speech and expression. As per Section 69(a) of this act, the government can ban or stop access to any information which is contrary to the provisions of the government.[iii]
- Indian Penal Code, 1860: IPC provides remedies in cases when there is damage caused to a person through the actions of another person. For example, section 124A deals with Sedition, Section 153A deals with promoting enmity, Section 295A: deals with intentionally insulting religion, Section 499 deals with defamation, and Section 509: Disrespecting women’s modesty.[iv]
- Indecent Representation of Women (Prohibition) Act, 1998: Circulating pornographic and obscene material is punishable under sections 3 and 4 of this particular act.
SOCIAL MEDIA AND THE RIGHT TO PRIVACY
- In the famous case of WhatsApp- Facebook privacy case or Karmanya v. Union of India, the petitioners contended that the recent change in the privacy policy of WhatsApp infringes the right to privacy of its users as according to a recent change, Facebook being its parent company can have access to the data of WhatsApp users. This case is currently pending before the hon’ble supreme court of India.[v]
- Whereas, In the case of Kharak Singh v state of Uttar Pradesh, the Hon’ble supreme court held that tapping of mobile phones infringes the right to privacy of an individual. The right to privacy was declared a fundamental right in the case of Puttuswamy v. Union of India.[vi]
- Kaleidoscope (India) (P) Ltd. v. Phoolan Devi: In this case, the exhibition of the film phoolan devi was restrained by the court stating that it infringes on the right of privacy of the phoolan devi.
- As a result of many complaints received by the Ministry of Electronics and IT that the data of users of the TikTok app was being stolen and sent outside India, the Indian government in the year 2020 banned the app because it was considered detrimental to the sovereignty and integrity of the country.[vii]
CONCLUSION
In a technology-driven world, information travels very quickly, and any false information can have negative consequences like riots and inciting hatred among people. In other countries like Germany where if there is any illegal content is posted, it has to be removed within 24 hours, and countries like Russia and China have banned some apps like Google, WhatsApp, or Twitter eliminating the possibility of their information being stolen. Thus, strict laws and their proper implementation for regulating the use of social media are indispensable.
Author – Neha Dulani
University five year law college, University of Rajasthan
[i] https://www.findlaw.com/legalblogs/criminal-defense/5-common-types-of-social-media-crime/
[ii] THE CONSTITUTION OF INDIA, 1950
[iii] INFORMATION TECHNOLOGY ACT, 2000
[iv] INDIAN PENAL CODE, 1860
[v] https://www.scobserver.in/cases/karmanya-singh-sareen-union-of-india-whatsapp-facebook-privacy-case-background/
[vi] https://blog.ipleaders.in/media-right-privacy-incursion-social-media/
[vii] https://legalserviceindia.com/legal/article-10231-social-media-law-and-its-implication.html#:~:text=Information%20Technology%20act%202000%3A,or%20cause%20injury%20to%20others.