SOCIAL MEDIA- ACCOUNTABILITY RESPONSIBILITY & LAW

SOCIAL MEDIA- ACCOUNTABILITY RESPONSIBILITY & LAW
Our new generational way to connect with other people is Social Media. That’s how people use this way of interaction to create, share, communicate, and most importantly use this platform for influencing others with their talent and words.

 I. Our new generational way to connect with other people is Social Media. That’s how people use this way of interaction to create, share, communicate, and most improtantly using this platform for influencing others with their talent and words.

          Social media has become one of our society’s most prominent ways of communication and information sharing in a very short time. It has changed how we communicate and has given us a platform to express our views and opinions and connect with others. It keeps us informed about the world around us.

            Similarly, every coin has its two sides. Exactly, Social media also has some or we can say many anti impacts on our society and on our rising generation. Social media refers to a variety of technologies that facilitate the sharing of ideas and information among their users.From Facebook and Instagram to X (formerly Twitter) and YouTube, more  than 5 billion people use social media, equal to roughly 62% of the world’s population. In early 2024, 94.7% of users accessed chat and messaging apps and websites, followed closely by social platforms, with 94.3% of users. More than 5 billion people around the world use social media.

          Social media started out as a way for people to interact with friends and family, but soon expanded to serve many different purposes. In 2004, MySpace was the first network to reach 1 million monthly active users. Social media participation exploded in the years that followed with the entry of Facebook and Twitter (now X). Businesses gravitated toward these platforms in order to reach an audience instantly on a global scale. Social media platforms are often divided into six categories: social networking, social bookmarking, social news, media sharing, microblogging, and online forums. Globally, the most popular social media site is Facebook, with close to 3 billion users, according to one recent estimate.

            The Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cybercrime and electronic commerce and framed theInformation Technology Act, 2000 (IT Act): The IT Act serves as the foundation for online regulation in India as it provides a legal framework for addressing issues related to cybercrimes, electronic commerce, and data protection. Section 79 (Exemption from liability of intermediary in certain cases) and Section 66A (Punishment for sending offensive messages through communication service, etc.). 

“Focus on how to be social, not on how to do social.” - Jay Baer, Convince & Convert

 Ravi Shankar Prasad; “I am a great supporter of social media and freedom. I know it is empowering. but (there) is a dangerous trend. Judges must be left completely independent to give judgement as what they think is the correct mode in accordance of the rule of law.

 

III. BENEFITS OF SOCIAL MEDIA AND  KIND OF  PLATFORM  IT PROVIDES:

             If we talk about the benefits of social media, we could think of so many as it earlier said that every coin has two sides but if you think through our minds or see through our sight the most important benefit of social media among all is Moulding Minds of all generations.

           Social media platforms allow people to access information in real time, to connect with others. At its best, it makes the world more interconnected. Businesses, meanwhile, have found social media to be an often effective and relatively inexpensive way to reach consumers and build an image for their brands. 

          According to Facebook, more than 200 million small businesses use its service for various purposes. Separately, close to 90% of marketers say they use Facebook for promotion. It is also the fastest-growing category across advertising channels.

        It also works as the Educational Resource counted as one of the benefits of social media that it provides free knowledge. Social media gives users access to a wide range of educationalresources and content, making it a valuable tool for education. By exchanging expertise, tutorials, and courses, professionals and educational institutions increase accessibility to learning.

         It helps in Building Communities as it facilitates the formation of online communities around common interests, encouraging cooperation and social support. These communities, which foster a sense of belonging and support among members, can take many forms, from support groups to interest clubs. Also gives Employment Opportunities to Professional networking sites such as LinkedIn connect employers and job seekers. These platforms significantly improve employment chances by providing tools for professional networking, job searching, and personal branding

          Social media platforms often provide these categories: social networking, social bookmarking, social news, media sharing, microblogging, and online forums. These diverse platforms serve a vast range of purposes and user interests. Some appeal to hobbyists, others to people in their work lives.

              Social media is digital technology that allows the sharing of ideas and information, including text and visuals, through virtual networks and communities. Social media typically features user-generated content that lends itself to engagement via likes, shares, comments, and discussion. And not just that people use this platform for influencing others by showcasing their talent and words. As of October 2023, the number of people using social media is over 4.95 billion worldwide, with the average user accessing 6.7 social media platforms on a monthly basis. Popular platforms like Facebook have over 68.38% of their monthly users logging in to use social media daily.

         Social media itself is not the problem. It is the way people use it in place of actual communication and in-person socializing. “Friends” on social media may not actually be friends, and may even be strangers. The more time spent on social media can lead to cyberbullying, social anxiety, depression, and exposure to content that is not age appropriate. When you’re playing a game or accomplishing a task, you seek to do it as well as you can. Once you succeed, your brain will give you a dose of dopamine and other happiness hormones, making you happy. The same mechanism functions when you post a picture to Instagram or Facebook. Once you see all the notifications for likes and positive comments popping up on your screen, you’ll subconsciously register it as a reward. But that’s not all, social media is full of mood-modifying experiences.

            Fear of Missing Out (FOMO) has become a common theme, and often leads to continual checking of social media sites. The idea that you might miss out on something if you’re not online can affect your mental health. Social media sites provide tools that allow people to earn others’ approval for their appearance and the possibility to compare themselves to others. It can be associated with body image concerns. The “selfieholics” and people who spend most of their time posting and scrolling are the ones most vulnerable to this. In fact, most college girls who use Facebook at least five times a day are likely to link their self-worth to their looks. That doesn’t mean that the main problem is social media; it only provides a medium for it, which further elevates the problem. It also promotes the same sort of behavior to others.

       While bullying is not a new concept, social media and technology have brought bullying to a new level. It becomes a more constant, ever-present threat that is cyberbullying. It causes physical or emotional harm to the student or damage to the student's property and places the student in reasonable fear of harm to himself/herself or of damage to his/her property. It creates an intimidating, threatening, hostile, or abusive educational environment for the student. Also infringes on the rights of the student to participate in school activities which is materially and substantially disrupts the education process or the orderly operation of a school.

And as it was beautifully said by Dave Willis, Author and Speaker - " Don't use social media to impress people; use it to impact people."

 

IV. CONSEQUENCES AND ITS RESULT:

                   If we consider the fact of consequences of social media then there are a number of consequences which will never end. But apart from this there are the most important upshots that are rotting our society from the roots day by day like:

• Cyberbullying 

• Privacy

• Fear of missing out, 

• Fake news and body image, 

• Addiction, depression, sleeping disorder, etc.

         Social media is criticized for being addictive by design and for its role in the spread of misinformation on critical issues, as well as the rise of right-wing extremism.  

         Bharatiya Nyaya Sanhita (BNS)2023, the Information Technology (IT) Act 2000, the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2015. Under Sections 196 and 197 of BNS and under Section 353 of BNS have been extended to include electronic communication as the medium for triggering such offences. Section 294 of BNShave been expressly extended to include content shared electronically, such as revenge porn or violent videos.

          Although there are important benefits, social media can also provide platforms for bullying and exclusion, unrealistic expectations about body image and sources of popularity, normalisation of risk-taking behaviours, and can be detrimental to mental health. For those vulnerable to developing an eating disorder, social media may be especially unhelpful because it allows people to easily compare their appearance to their friends, to celebrities, even older images of themselves.

"Social media is where people go to pretend that their lives are better than they actually are,"said by Robert.

        Research tells us that how much someone engages with photo-related activities like posting and sharing photos on Facebook or Instagram is associated with less body acceptance and more obsessing about appearance. For adolescent girls in particular, the more time they spend on social media directly relates to how much they absorb the idea that being thin is ideal, are driven to try to become thin, and/or overly scrutinize their own bodies. Also, if someone is vulnerable to an eating disorder, they may be especially attracted to seeking out unhelpful information which is all too easy to find on social media.

      Whether it’s social media or in person, a good peer group makes the difference. A group of friends that connects over shared interests like art or music, and is balanced in their outlook on eating and appearance, is a positive.

       For young people, social media provides a platform to help them figure out who they are.For very shy or introverted young people, it can be a way to meet others with similar interests. During the pandemic, social media made it possible for people to connect in ways when in-person socialization was not possible.  Social support and socializing are critical influences on coping and resilience. Friends we couldn’t see in person were available online and allowed us important points of connection. On the other hand, fewer opportunities for in-person interactions with friends and family meant less of a real-world check on some of the negative influences of social media.

       As we all know, clicking photos of food before eating could be good for one and bad as well for many. But it could be bad for the person as well because, While that person was busy photographing their food and sharing it online, they will have less time to communicate with their friends and family. And not just that, also you might feel disappointed as well, because your actual food photo does not look similar.

Social media sites like Twitter, Instagram, and Facebook are wonderful venues that let people freely express themselves. It does, however, have a very dark side that has affected all platforms ever since they were founded.

          With everything else, there are good and bad aspects of social media. We've discussed many impacts of social media , but you're the one who must decide whether there's more help or harm in it for you personally. If you find that social media is having a negative impact on your life, stop using it. However, if you decide to stay, there are ways to waste less time on social media, and thus maintain a healthier relationship with it.

 

V. GROUND RULES OF BEING A RESPONIBLE SOCIAL MEDIA USER:

1. Verify Information: Before sharing or reacting to content, verify its accuracy and credibility. Misinformation and fake news can spread rapidly on social media, so fact-checking is essential to prevent the dissemination of false information.

2. Be Mindful of Your Privacy:  Understand the privacy settings of your social media platforms and review them regularly. Only share personal information with trusted individuals and be cautious about sharing sensitive data publicly.

3. Respect Others:  Treat others with respect and kindness in your interactions. Avoid engaging in cyberbullying, harassment, or spreading hate speech. Foster a positive and inclusive online environment.

4. Protect Your Mental Health: Social media can sometimes contribute to stress and anxiety. Be mindful of your social media usage and take breaks when needed. Unfollow or mute accounts that negatively impact your mental well-being and curate a positive online experience.

5. Practice Digital Etiquette:  Follow etiquette guidelines while interacting with others on social media. Use proper language, avoid excessive self-promotion, and engage in constructive conversations. Be mindful of the tone and impact of your comments.

6. Engage Critically:  Develop critical thinking skills to analyse content and understand different perspectives. Challenge biases and engage in respectful and open-minded discussions. Seek reliable sources of information and diverse viewpoints.

7. Be Responsible for Your Online Presence: Understand that your actions and words online can have real-life consequences. Think before you post, share, or comment. Be aware of the potential impact your online presence can have on your personal and professional life.

8. Limit Screen Time: Set boundaries for your social media usage and prioritise offline activities, relationships, and self-care. Excessive screen time can negatively impact your well-being and productivity.

9. Protect Yourself from Cybersecurity Threats: Use strong, unique passwords for your social media accounts, enable two-factor authentication, and be cautious about clicking on suspicious links or sharing personal information with unknown sources.

10. Stay Informed about Platform Policies: Keep yourself updated on the terms of service and community guidelines of the social media platforms you use. Understand what is allowed and what is not, and report any violations you come across.

 

VI. ACOUNTABILITY 

 

If we give attention about who is accountable the answer will be Everyone, here everyone means all who are creating it, who are participating in it, who are just watching/using it like “every drop of water makes an ocean”, just like every single body is accountable.

 

The number of people using the internet and using social media has dramatically increased in India in recent years. These figures have doubled as more people use social media to connect with their friends and family as a result of the pandemic and the accompanying lockdown. A worry about the lack of transparency, accountability, and users’ rights in relation to digital media is one that has been sparked by the explosion of the internet.

 

Social media platforms allow anyone to create a profile with just an email address,     there’s no verification therefore no accountability. You can pose as anyone you like, be anyone and say anything without any consequences. This ‘freedom’ is a major strength of social networks and one of the reasons that they have done so well over the last decade. 

And , When you create a product you seek to make it as frictionless as possible, optimise the sign up process and only make the user jump through the necessary hoops at that time. This has meant that it’s incredibly easy to create multiple accounts. The sector is also not regulated so there’s no external enforcement to hold companies accountable to actions created on their platforms.

When you create your account you upload your ID such as a passport or driving licence. This is then checked against other information you provide and your account is validated, this is called ‘Know Your Customer’ or KYC. You’ve been through it a number of times such as when you sign up for a bank account or apply for a passport. Some industries, such as finance, have to do this to comply with regulations otherwise they face huge fines. 

 

VII. LAWS RELATED SOCIAL MEDIA: 

 

           Bharatiya Nyaya Sanhita (BNS)2023, the Information Technology (IT) Act 2000, the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2015, Indecent representation of women (prohibition) Act,1998, Digital Personal Data Protection Act, 2023 (“DPDP Act”)

          Under Bharatiya Nyaya Sanhita (BNS)2023 it is stated that Laws against hate speech (under Sections 196 and 197 of BNS) and laws against spreading misinformation that could disrupt public order (under Section 353 of BNS) have been extended to include electronic communication as the medium for triggering such offences. 

          Section 294 of BNS have been expressly extended to include content shared electronically, such as revenge porn or violent videos. Digital Personal Data Protection Act, 2023 (“DPDP Act”), published to safeguard personal data, exempts the requirements of notice and consent, among others, for the purposes of prevention, detection, investigation or prosecution of any offence or contravention of any law.

        Through the expansion of expressly mentioning electronic communication in certain key sections, BNS has aimed to strengthen the legal framework and ensure that cybercriminalswho exploit technology are identified faster and do not escape punishment. Furthermore, BNShas referenced the Information Technology Act, 2000 and BNSS for definitions of technological terms that are not expressly defined but used in BNS. This broader scope in recognising criminal activity across various electronic platforms will enhance detection and deterrence of cybercrimes.

              Constitution of India 1950s: The constitution of India provides freedom to every citizen that state cannot take away. Though Article 19(1)(a) of constitution provides freedom of speech and expression to every person but this right is not absolute, the government has imposed certain restrictions on them under article 19(2) of Indian constitution. There is no specific mention of freedom of media but it flows through article 19(1)(a).

              According to Justice Krishna Iyer, "This freedom is essential because the censorial power lies in the people over and against the Government and not in the Government over and against the people." The freedom of speech and expression is required to fulfill the following objectives : a} To discover truth b} Non self-fulfillment c) Democratic value d} To ensure pluralism.

              In Secretary, Ministry of Information and Broadcasting v. Cricket Association, Bengal, the Supreme Court held that broadcasting is a means of communication and a medium of speech and expression within the framework of Article 19(1 )(a). This case involved the rights of a cricket association to grant telecast rights to an agency of its choice. It was held that the right to entertain and to be entertained, in this case, through the broadcasting media are an integral part of the freedom under Article 19(l)(a). But this article also imposes the limitations to restrict people to not consider this right as they have the right to express anything which harm the others right.

           Accordingly, Article 19 ( 1 )(a) of the Indian Constitution guarantees to all its citizens including media "the right to freedom of speech and expression". Clause (2) of Article 19, at the same time provides: "nothing in sub-clause (a) of clause (1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interest of:- a) Sovereignty and Integrity of India. b) The Security of the State. c) Friendly relations with foreign states. d) Public order. e) Decency or Morality. f) Contempt of Court. g) Defamation. h) Incitement to an offence. Under article 19(6)(ii) nothing contained in Sub-clause(g) of Clause (1) of Article 19 shall affect carrying on by the State any trade, business, industry or service, whether to the exclusion, complete or partial of citizens or otherwise if it is not in the interest of general public. Article 19 (6) (ii) will have no application if the State is not carrying on any trade.

 

 

Juvenile Justice (Care and Protection of Children) Act, 2015

 

It Lays down stricter punishments for offences against children. This includes child labour, using children for begging, and sexual offences against children. The procedure of reporting the complaint by the victims must be made easier and accessible through concerned parents or some other independent civil society and non-governmental organizations, who will provide the victim with the necessary support and ensure that the child returns to normal life in addition to addressing procedural loopholes and ensuring rapid delivery of justice.

“There can be no more intense discovery of a society’s spirit than how it treats its youngsters.” 

                                                                                                                        -Nelson Mandela

 

 

District magistrates usually lack the knowledge and resources necessary to comply with these specific laws, so it is important to provide them with specialized training in child protection laws. District Administration should work closely with all five arms—the CWC, Juvenile Justice Board, Child care Institutions (CCI), district child protection units, and special juvenile police units—to ensure the children’s safety. 

 

 

 

              Information Technology act 2000: Section 66(a) of this act brings prohibition and punishment to any offence which is committed via social media to hurt or cause injury to others. And section 69(a) says that the government has all the rights to stop or ban the public access to the information which is inconsistent with the provision of the government and it also provides the procedure to block the access to the public for the information which does not comply with the government.

                 Supreme Court in Shreya Singhal v Union of India, In Shreya Singhal v Union of India in 2015, Section 66A was declared unconstitutional by the Supreme Court. Section 66A of Information Technology Act, 2000 (inserted by amendment) made messages deemed by the police to be offensive or menacing to anyone, or those that caused "annoyance" a criminal offense if these were sent through a computer or computer resource. It prescribed a prison term of up to three years on conviction. 

 

               In a PIL filed by Shreya Singhal in 2015, the Supreme Court declared Section 66A of the IT Act as being violative of Article 19(1)(a) of the Constitution and not saved under the ambit of reasonable restrictions defined in Article 19(2). It had also said that the expressions used in Section 66A were open-ended, undefined and therefore arbitrary. The definition of offense under this section was vague. It was so broadly defined that it took into its sweep protected speech also, and, therefore, upset the balance between the exercise of the right of free speech and the imposition of reasonable restrictions on it. Still, the police used the penal section to deprive the writers on social media of their freedom.

 

                Section 79(1) of the IT ACT, 2000 grants intermediaries (like social media platforms) exemption from liability for third-party information, subject to certain conditions:The intermediary's role is limited to providing access to a communication system through which third-party information is transmitted, hosted, or stored and The intermediary does not initiate or control the transmission, recipient selection, or content modification. Information Technology Act,2000 (IT Act): It is the principal law that by establishing a legal foundation for electronic governance and governs all areas of electronic communication, including social media. Section 69A of the IT act, 2000 empowers Government to block information from public access under specific conditions of :1)interest of sovereignty and integrity of India 2.)defence of India 3.)security of the State 4)friendly relations with foreign States 5)public order 6)for preventing incitement to the commission of any cognizable offence relating to above.

 

Protection of Children from Sexual Offences (POCSO) Act, 2012 : The National Commission for Protection of Child Rights (NCPCR) has asked the Supreme Court to make social media platforms liable for reporting accounts that upload videos of child sexual abuse, under the Protection of Children from Sexual Offences Act (POCSO Act).

In an application filed before the Supreme Court, the NCPCR has asked the apex court to “pass appropriate directions to social media platforms to (report about) account information and provide particulars or details regarding persons uploading/procuring/storing child sexual abuse material”.This is in terms of the “positive mandate” cast on everybody, including social media platforms, under Section 19 of the POCSO Act, the NCPCR.

The POCSO Act is a gender-neutral criminal legislation to protect children from being exploited sexually. It treats possession, storage as well as circulation of child pornographyvideos as a criminal offence.

 POCSO Act and IT Act: The synergy between the Protection of Children from Sexual Offences (POCSO) Act and the Information Technology (IT) Act in India is pivotal in addressing the multifaceted challenges of child protection in the digital age. These two legal frameworks, despite differing in their primary focus, work in harmony to safeguard children from sexual offenses, both offline and in the digital realm.

                Bharatiya Nyaya Sanhita (BNS)2023: This act provides remedies and punishment in the cases where there is damage to individual by the action of other individual and any person who violated the laws will be dealt with the provisions mentioned below:

 

Sections 152 : Acts endangering sovereignty, unity and integrity of India

 

The Supreme Court, in the landmark case of Kedarnath Singh, recalled the very first amendment and held that freedom of speech and expression cannot be an unrestricted one, and there has to a balance between the right and the security of the state. Even though the validity of the law of sedition was challenged multiple times, the Law Commission recommended against the complete removal of the said provision under any condition, citing the same reason as that was held in Kedarnath Singh. In contrast, section 152 of the BNS aims to safeguard the sovereignty, unity, and integrity of India but does so with vague and broad terms. The drafting of the provision is very different from section 124-A of the IPC, and the word sedition has not been used anywhere. Despite this fact, the one important similarity between both is that the nature of both the laws are such that they restrict right to freedom of speech and expression enshrined under Art. 19(1)(a) of the Constitution.

 

Section 196 : deals with promoting enmity

 

Promoting enmity between different groups on ground of religion, race, place of                   birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.

Section 299 deals with intentionally insulting religion: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

 

Section 356 deals with defamation : To damage the reputation of any person or to represent anything wrong about any person through electronic means would have to face harmful consequences. This section of BNS does not give the right to any person to represent anything that is harmful to public .  

 

Section 353 statements conducting to public mischief : No statement of any kind should be published which conducts the mischief to public at large.  

 

Section 74: Disrespecting women's modesty : Section 74 of the BNS is designed to penalize individuals who commit acts of assault or use criminal force against a woman with the deliberate intention of outraging her modesty. The punishment includes imprisonment, which may extend to several years, along with a fine. The severity of the punishment is determined based on the gravity of the offense and the circumstances under which it was committed. The law aims to act as a deterrent to prevent such crimes and to ensure that women feel safe and protected.

 

Indecent representation of women (prohibition) Act,1998- The section 3 and section 4 of this Act protects and prohibits the act of pornography and also punishes those people who circulate these types of obscenity material. Bharatiya Nyaya Sanhita (BNS)2023 also award punishment for indecent representation of women. New communication technologies have significantly increased the power of mass media. 

 

The world has seen a rapid expansion of newspapers, television, movies, magazines, cable, and satellite television. Today's mass media shapes our very existence as well as our beliefs, perceptions, attitudes, and social realities. The role of media in people's lives is crucial. We are immersed in a media-focused environment the moment we get up. There is too much dramatization, exploitation, and immoral and distasteful portrayals of women, sex, and violence which is indecent and objectionable. Such a practice needs to be guarded by the legal authorities. Everybody's life is heavily influenced by advertising, which treats women like "goods" in order to increase sales. On the one hand, women have been shown in the most eminent and respectable manner, and on the other, they have been the subject of immoral, vulgar, and filthy depictions. Obscenity must meet the criteria for obscenity in order to have the ability to deprave and corrupt people whose minds are susceptible to such immoral influences and into whose hands a publication of this kind may fall.

 

The 1986 Indecent Representation of Women (Prohibition) Act governs how women are portrayed in the media. It is forbidden to depict women in an indecent manner in ads, books, writings, paintings, figures, or in any other way. Any publication that contains an indecent depiction of a woman in any format is prohibited by Section 4 from being produced, sold, rented, distributed, circulated, or transmitted by mail.

 

The Preamble, Fundamental Rights, Fundamental Duties, and Directive Principles of the Indian Constitution grant the State the power to enact measures of positive discrimination in favor of women in addition to guaranteeing women's equality. Within the framework of a democratic democracy, our laws, development strategies, plans, and programs have attempted to advance women in a number of fields. India has ratified a number of international agreements and human rights treaties in order to provide equal rights for women.

 

In the case of A.K. Gopalan v. State of Madras,

 

"There can never be absolute and unrestricted freedom that is completely devoid of restrictions because that would cause chaos. The possession and enjoyment of all rights are subject to any reasonable restrictions that the nation's governing body may determine necessary for the public's safety, health, peace, and morals. On the other hand, social control that is in place for the public good needs to be limited lest it be abused to the damage of individual rights and liberties. In some circumstances, constraints must be placed on the free enjoyment of individual rights to protect the interests of society. On the other hand, society must empower itself with some powers in order to safeguard these liberties in and of themselves. Therefore, the Constitution seeks to find a balance between personal freedom and societal control by stating the rights of the people.”

 

The Indian Constitution's Article 19 lists a number of personal liberties, along with the restrictions that must be adhered to. These limitations are placed on them only to preserve public morals and the general good of society.

 

In the case of Chandrakant Kalyandas Kakodar v. State of Maharashtra, It was decided that there were no set criteria for defining obscenity and that each country would define obscenity differently depending on the moral norms of the time.

 

 

Information technology (Intermediary Guidelines and Digital Media Ethics Code ) Rules,2021: The IT Rules (2021) mandate social media platforms to exercise greater diligence in content moderation, ensuring online safety by promptly removing inappropriate content.

 

Users must be educated about privacy policies, avoiding copyrighted material, defamatory content, or anything that threatens national security or friendly relations.

The 2023 Amendment to these rules states that online intermediaries, including social media platforms like Facebook and internet service providers like Airtel, must prevent the spread of inaccurate information about the Indian government.

They should also remove content flagged as false by fact-checking units to maintain legal protection from third-party content.

VIII. VIOLATION OF THESE LAWS :

People are having article 19 of fundamental rights but everyone is ignoring the fact of limitation and their duties for others. The platform does not provide anything that is unacceptable for society. In this modern era of technology, social media is becoming an important component of daily life and the majority of the youth today prefer to communicate their ideas, thoughts, and opinions through it. There are different social media platforms that allow users to access social news, blogs, vlogs, and others in an easy manner.

Some of the social media networking sites used extensively include Instagram, Twitter, and Facebook. They help in enhancing social connectivity by allowing their users to share information through writing, music, and images quickly and unaffected by distance. Despite the fact that there are tremendous benefits of using social media, there are certain areas of concern such as privacy and security which are required to be addressed. One inaccurate or falsepiece 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 the people of different cultures and religions as well as restrict the spread of false and incorrect information for eliminating hatred and communal problem.

Social Media Laws are required to deal with the crimes emerging these days due to the excessive use of social media platforms. These laws provide remedies in both civil and criminal manner for protecting the prohibited content. There are various laws associated with social media litigation which include Digital Millennium Copyright Act and the Communication Decency Act for solving cybercrime or cyberspace problems. 

Due to the anonymity and quackery 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. For instance, recent riots in some Indian states due to the circulation of fake news video violence through Facebook, YouTube, and WhatsApp lead to severe damage. This is the reason that there is a need for strong social media laws in our country. 

An intermediary should inform the user of its computer resource not to publish, display, update, modify, store or share information that belongs to another person, is defamatory, obscene, paedophilic, pornographic, and infringes intellectual rights. Online activities that threaten the unity, integrity, defence, security or sovereignty of India should be avoided and its friendly relations with foreign States should not suffer.

We live in a world where technology has become ubiquitous, as has the threat of cybercrime. In spite of the fact that there are numerous laws protecting victims of cybercrime or social media-related crimes, the need for new laws cannot be ruled out. 

Government should introduce the Right to be forgotten for control over personal data being given to people. Along with this, strict action should be taken against wrongdoers so as to reduce the consequences of cybercrime.

 

IX. VEIL BETWEEN A MINOR AND SOCIAL MEDIA

As we all understand and also have knowledge about how our minors are addicted to social media day by day and getting influenced through the content so easily, Content like drinking, smoking, and wearing weird clothes just to look cool or maybe just to fit in. which is a very hard fact to digest. This thin layer between our minors and social media is getting faded slowly but surely. 

Surveys suggest that over 93% of teens use social media, which is approximately 37 million teenagers in the USA alone. YouTube continues to dominate, with roughly nine-in-ten teens stating that they use the platform, making it the most widely used in our survey.

During a session in Bethel Elementary School in Simpsonville, Rock Floyd showed some videos to a small crowd of parents which shows that how quickly and easy it is to find information about young people online. Cyber Crime Department explained to parents that they used to make arrests daily, capturing predators that used the internet to target teens.

A lot of times they find a lot of pictures come from the internet, that some from Facebook and other social media sites, that pictures might look innocent to you when you post them but there are so many predators how can misuse your pictures. Mostly all teenagers use so many other social media accounts. Some of the parents will be surprised to know that their children have social media accounts on sites from which they are not familiar.

Currently, many social media platforms allow users as young as 13 to create accounts. Surgeon General Dr. Vivek Murthy recently suggested raising the age limit for social media use, saying the “skewed and distorted environment” does a disservice to children whose identities are still developing

The DPDP Act defines users below the age of 18 as children and mandates that social media or internet intermediaries, known as data fiduciaries, must not process any data of any child without explicit parental consent.

As a protection measure, the Act requires verifiable consent from a legal guardian for processing data of children under 18. This necessitates age verification, potentially compromising digital anonymity and conflicting with India's obligations under the Convention on the Rights of the Child.

 

X. GENDER INEQUALITY IN SOCIAL MEDIA PLATFORMS 

Gender Inequality in Social Media is a significant problem. It involves unfair treatment to both genders leading to more advantages for a particular gender. In social media, gender inequality manifests itself in several ways. Women are more victims of cyberstalking and cyberbullying. They often face higher rates of harassment, stereotypes, biasedness, and pay gaps. 

Inequalities in social media have been investigated under the umbrella of a digital divide. Research has shown how inequalities based on social categories are perpetuated or even reinforced with digital technologies. Different levels of inequality have been differentiated, including the first-level, second-level, and third-level digital divide. When it comes to social media, all these divides have received attention, but they have not been systematically connected to digital methods research, which relies on trace data, often from social media.

While  discussing inequalities in social media access, use, and outcomes and connects them to digital methods research from an ethical perspective. It looks at two key issues for data subjects when data about them is analysed through digital methods: representation and privacy. Both issues are tied to questions of power and inequalities that merit careful attention among social media researchers. 

Beyond unequal representation and privacy among data subjects, this also discusses inequalities within the research community, as they pertain to unequal access to social media data, unequalopportunities for digital methods skills development, and unequal opportunities to leverage digital methods analyses for career development. Overall, the chapter argues for a stronger connection of digital inequalities and digital methods.

Body image issues are a major problem on social media. Women more often than men are forced to use image correcting applications before posting on social media. This is because an ideal beauty standard is set by social media platforms and women feel forced to follow that standard.

 

XI. SPREADING OF NUDITY/ BORN OF PORN.

 

Social media has a great influence on its users, especially teenagers. Content created on social media ranges in variety. One such is nudity, meaning exposing parts of the body that shouldn't be exposed in public. Content creators in this era expose their bodies to create content and gain rapid success.

 

Many times content creators consider nudity as a fashion trend. Whether social media nudity is right or not is another question but thinking of wearing revealing clothes as fashion is not right. Fashion is something which can be followed and applied by other common people as well. Nudity can never be a fashion as it is something that cannot be adopted by the common people. One cannot wear a very revealing dress on the roadside when going to buy something therefore considering revealing clothes as a fashion trend which must be followed is a huge mistake.

 

However, many content creators do not have any talent or are unable to find theory talent. They switch to wearing revealing clothes to gather attention and become famous. This is what we can call the social media effect on teens.  Nudity on social media has made teenagers and even mature people think that nudity can help them but they are not aware of the grave consequences waiting for them.

 

When you think, is nudity on social media right, the obvious and first thought would be no. However, deep thinking can make you think that, the question beyond whether nudity on social media is right or wrong. It depends on what the audience wants to see. Any social media platform works on user algorithms. If you see nudity on social media it will continuously show you that, however avoiding it will help you to stop it from popping up in your feed. You need to understand that learning in the era of social media  and the internet is not easy and you must only take what is good and leave what affects you negatively. Nudity on social media can stop if the audience prohibits themselves from seeing it. No likes and no shares would lead them to make other proper content.

 

In India, users at large seem to think that this is a good move. model- turn- into actor Rithvik Mudgal says, "I feel it's a good move, as every teen owns a smartphone and one can't restrict them from surfing social networking sites so there should be an anti- nudity policy in place or there should at least be an age bar for surfing adult content".

 

Actress Jennifer Kotwal feels that the ban is justified, keeping in mind the large number of young users on the site, "I have cousins aged 10-12 years who access the site so banning nudity might be a good idea but I think the site should first judge in what light it the pictures are being shown and then take a call. For instance, if someone is showing their butt, then it is vulgar, but if someone put up a picture of a woman that has not been touched up to show what a  real woman's body looks like, then it doesn't need to be banned," says Jennifer

 

But others feel that sites  should not rely on such judgment and must, instead, have a complete ban on nudity. "There are probably a lot of complicated issues that social networking sites have to deal with when it comes to nudity. So the fastest bet would be to ban it altogether". Say young entrepreneur Kunal Sharma.

 

But in the case of Aveek Sarkar v. West Bengal, Supreme Court held that, “ A picture of a nude/semi-nude woman cannot be called obscene unless it has the tendency to arouse feelings or reveal an overt sexual desire. Only those sex-related materials which have a tendency of “exciting lustful thoughts” can be held to be obscene, but the obscenity has to be judged from the point of view of an average person, by applying contemporary community standards”.

 

“The message the photograph wants to convey is that the color of skin matters little and love champions over color. Picture promotes a love affair, leading to a marriage, between a white-skinned man and a black skinned woman”.

 

“Hence under Section 292 they found that no offense had been omitted and thus the photograph was not considered to be as obscene and they set aside the criminal proceedings against the appellant”.

 

XII. SUGGETIONS REGARDING ACCOUNTABILITY OF SOCIAL MEDIA PLATFORMS

Since they are censoring, they are taking it upon themselves to be the arbiters of what gets published and what does not — and that changes everything. Social media platforms should be held accountable for the algorithms that boost the spread of misinformation, fake news, and hate speech. Some important ways that need to be taken care like Social media barriers, There should be age limits, Age limit content, Ban inappropriate content.

 

➢ User Accountability: Users also bear responsibility for verifying and sharing accurate information.

 

➢ Content Moderation: Platforms should implement effective moderation to curb misinformation. 

 

➢ Algorithmic Influence: Algorithms can unintentionally amplify misinformation, warranting platform intervention. 

 

➢ Educational Initiatives: Platforms should promote media literacy and critical thinking among users. 

 

➢ Regulatory Measures: Regulatory frameworks may be needed to ensure responsible platform behavior. 

 

➢ User Empowerment: Empowering users with reporting tools and fact-checking resources is crucial. 

 

➢ Global Perspective: Challenges differ based on cultural contexts, requiring nuanced approaches. 

 

➢ Ethical Considerations: Balancing freedom of expression with responsible content dissemination is key. 

 

➢ Collaborative Efforts: Both platforms and users need to collaborate for a more reliable information ecosystem. 

 

Know how to report, block, and filter content: filter which users or content you see, report harmful comments or content, and block those who are attempting to use technology to hurt others. 

 

Personalize your privacy settings. Adjust your privacy settings on the site to your comfort level, and select options that limit who can view your information. Think about non-traditional social media as well. 

 

Pause before you post. Before you post, ask yourself if you are comfortable sharing this information with everyone who might see it. Content that contains personal information or your whereabouts could pose a safety risk. Even content that is deleted can sometimes be accessed by the website or through screenshots of the original post and could be used maliciously.

 

Turn off geolocation. Many social media sites or apps will request to access your location, but in most cases this isn’t necessary. You can still get the most out of your social media experience without sharing where you are while you’re there. If sharing where you are is important to you, consider waiting to tag the location until you leave. In addition to this, some sites may automatically make geotagged information public. When you “check in” on Facebook, update your Instagram story, or add a geotag to a Snapchat, these sites may share your exact location with people you may or may not trust with it. Take a look at the privacy settings on the sites listed above, or others you use regularly, to see what your location settings are and consider updating them.

 

Use a private Internet connection. Avoid public Wi-Fi connections, like those offered at coffee shops or airports, when using a website that asks for a password. Limit your social media usage to personal or private Wi-Fi networks, while using cellular data on your phone, or under the protection of a Virtual Private Network (VPN).

 

Talk to your friends about public posts. Let your friends know where you stand on sharing content that may include personally identifying information, like your location, school, job, or a photo of you or your home. Respect each other’s wishes about deleting posts that may be embarrassing or uncomfortable. Always ask permission before you post something about another person, whether it mentions them indirectly, by name, or in a picture. To help keep track of your online presence, you can change your settings so that tagged photos of you will only appear on your profile—but won’t be shared publicly on your timeline—if you have approved the post on Facebook or other social media accounts.

 

Report harassment or inappropriate content. If someone is making you feel uncomfortable online, you can report the interaction to the host site, often anonymously. You can use the “report” button near the chat window, flag a post as inappropriate, or submit a screenshot of the interaction directly to the host site. If you do experience harassment or abuse through social media, consider taking screenshots immediately and saving them in case the content is deleted or removed from your view. To collect evidence of harassment on Facebook, you can download your full Facebook history .

 

Look before you click. If you get a suspicious sounding message or link from a friend through social media, it’s best not to automatically click it. Your friend’s account may have been hacked, which could cause everyone in their contacts list to receive spam. If you’re not sure it’s spam, try contacting that person another way to ask if they meant to send you a link recently.

 

Pick strong passwords and update them frequently. This can help protect against someone who may be trying to sign on to your account for negative reasons like posting spam, impersonating you, or stalking. In addition to choosing strong passwords and updating them, remember to keep your passwords in a secure location.

 

Make privacy a habit by doing a regular social media privacy check-up. Once you’ve gone through the privacy settings in your social media accounts, set a reminder on your calendar to revisit them in three or six months. Companies may change policies or update their platforms which could affect how you would like to share your information online.

 

 

XIII. CONCLUSION :

In conclusion, the impact of social media on society is undeniable. It has revolutionized the way we communicate, share information, and connect with others. However, it is important to recognize the potential drawbacks such as privacy concerns, misinformation, and the spread of fake news.

Moving forward, it is crucial for individuals to use social media responsibly and critically evaluate the information they encounter. We can harness the power of social media for positive change and meaningful connections by promoting digital literacy and online safety.

On one hand, social media offers numerous benefits such as fostering global connectivity, facilitating instant information access, and providing platforms for self-expression and creativity. On the other hand, it presents challenges such as the spread of misinformation, privacy concerns, and potential negative impacts on mental health. 

Users have to maximize the benefits of social media while minimizing its drawbacks, advocating for a balanced and mindful approach to social media engagement.

Social media has revolutionized the way we communicate and interact with one another. While it has facilitated global connectivity and information sharing, it has also raised concerns about privacy, mental health, and the spread of misinformation. As we navigate this digital landscape, it is crucial to strike a balance between embracing its benefits and mitigating its potential risks. Responsible and mindful use of social media platforms can foster meaningful connections and drive positive social change.

Social media has a profound impact on the youth of today.  With the rise of platforms like Instagram, Snapchat, and Twitter, young individuals are constantly exposed to a wide range of information and influences. This can lead to both positive and negative outcomes, affecting everything from self-esteem to mental health.

Education on responsible social media use is crucial in helping young people navigate this digital landscape. 

Teaching them to critically evaluate content and engage thoughtfully online, we can empower them to make informed decisions about their online behavior. It is important for parents, educators, and policymakers to work together to create a safe and supportive online environment for youth. Only by fostering a culture of digital literacy and responsible social media use can we ensure that the youth of today are equipped to thrive in an increasingly connected world.