SOCIAL MEDIA LAWS AND THEIR IMPLICATIONS

With the onset of new emerging realms of communication, social media has been acting as a bridge to the gaps between these lines. With the emergence of new platforms of Social media India is currently on the competitive lines with these the developing ideas of entrepreneurs. With the challenges of complying with new and developing legislations, social media platforms are often in unremitting and unceasing collision with innovations and keeping a check on cyber crimes in India.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 is the recent paradigm devised and drafted to make social media platforms more accountable to the concerns about privacy infringement of individuals and organizations. The significant mechanism of these rules is regarding the ‘FIRST ORIGINATOR’ which states that identification of the source of any type of content should be recorded and checked. The emergency powers that have been provided in the rules provide a middle way for the government to bypass reasonability to remove or take actions regarding any action on the social media platform.

Personal Data Protection Bill, 2023 was passed by the parliament in early 2023 and is a significant step by the legislation that governs harmonization and processing of data for any lawful process. The bill also states for collection of data of every individual, which will significantly hamper the right to privacy of every individual. Also, the permission to transfer the data of users to the countries notified by the government; such permission and the cross-border transfer of data create an element of risk towards the privacy and confidentiality concerns of the users. The collection of data of users for any purpose exposes it to be used for any malafide goal.

It is inarguably true that such laws of social media regulations govern the public discipline and law and order in the state, they do in some instances challenge the scheme of freedom of speech and expression. It is evident that that under the Constitution of India, 1950 the freedom of speech and expression comes with reasonable restriction but it is a mould that can be shaped as per the need of the hour and as in the benefit of the party, which makes it a perilous apparatus to the legislation and the government.

The communal ideologies of in parts of India create a diverse geography which is a challenge for social media in regulating and drafting the policies accordingly to formulate as well as concise different thoughts together to satisfy the legislative rules and regulations to avoid any penalties. The implications of these legislative tools result in developing policies that shape the sharing of these expressions on the media. The diversions create a challenging paradigm for interpreting what may and may not fall in the ambit of hate speech and violate the communities.

Social media platforms are the steady tools provided for the public for their expression and exchange of ideas which may or may not be inciting for any unlawful activity. The ideology of hate speech evolved into the formation of legislation for them in the early stage of colonial government which reflects its importance in the society and showcases its value by various means. The laws for the governance of social media are strict in their interpretation and enforcement but in some instances challenge the constitutional values at a larger scale. The laws for Social Media imply their substantiality by way of prevention of hate speech and communal violence but also pierce through the extent of reasonable restrictions that pave the way for freedom of speech and expression