BENEFTTS OFSOCIAL MEDIA:
Political Empowerment:
o Socialmedia has proven to be a solution to the challenge of
decining
medium of
youth political engagement as it has provided a new
communication through which established political institutions and
actors can reach out to young citizens.
o Dismantled the hegemony of traditional media:
o Social Media dismantied the hegemony of corporate-owed print
and TV mediahouses along with the dominance of the traditional
urban elite in the production and consumption of news.
o It has provided an alternate source of knowledge in a world
where mainstream media has come under severe public criticism
for propaganda.
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Mass Media Law
[U-V,Ch4
o
Democratisation of Information
o Social media is allowing the
broader communication.
democratisation of
knowledge and
o People around the world now feel empowered to bypass traditional
curators of information.
0 They have also become creators and disseminators of content, not
just consumers of it.
o Economic empowerment:
0 Social media is facilitating access to customized information about
jobs and employment opportunities and is overwhelmingly perceived
as an important tool for businesses in general, and specifically for
start-ups and social enterprises.
o Atransformational tool for education:
o Social media has gained incredible popularity over the past few
years as an open source of information and knowledge sharing
platform.
o Platform for marginalised communities to fight for their rights:
o Social media provides a great platform to marginalised communities
themselves
to express their feelings, issues, problems and organise
to raise their voice against oppression.
enhanced
o For example: Use of rainbow profile filters on Facebook means
feelings of belonging in LGBTQ community and acted as a
of showing support for the community.
gender divide:
oWomen empowerment and bridging
powerful vehicle for bringing
o Social media has proved to be a public, challenging
women's rights issues to the attention of a wider makers to
discrimination and stereotypes and encouraging policy
equality.
step up commitments to gender
incudes variouscampaigns such as
o Hashtag activism which #MeToo have helped to mobilise
UN Women's #HeForShe,
rights.
public attention on women's
o Cultural integration:
common way of linking people from diverse
a
o It has providedtraditions, opinions and places with each other
communities, greater social
sense of belonging to a
across the world establishing a
local community.
network other than one's own
U-V, Ch.4)] Soclal Media and its Regulation in India 509
o Improved governance:
o Social media provides an interactive two way communication
mechanism through which the government can measure public
sentiment with respcct to new laws or key policy changes.
o Morcover Social Media has empowered common people to
directly interact with the government and avail government
services directly.
Social media has changed the way we all interact with each other online.
Itgives us the ability to discover what's happening in the world in real-time, to
connect with each other and stay in contact with long-distance friends, arnd in
order to have access to endless amounts of information at our fingertips. In
many senses, social media has helped many individuals find common ground
with othersonline, making the world seem more approachable.
According to a survey by Pew Research Center, the use of social media
is correlated with having more friends and more diverse personal networks,
especially within emerging economies. For many teenagers, friendships can
start virtually,with 57% of teens meeting afriend online.
Businesses are also using social media marketing to target heir consumers
right on their phones and computers, in order to build a loyal fan base, and
create a culture behind their own brand. Some companies, such as Denny's,
have created entire personas on Twitter in order to market to younger
consumers using their own language and personas.
Social media allows individuals to keep in contact with friends and
extended family. Some people will use various social media applications to
network and find career opportunities, connect with people across the globe
with like-minded interests, and share their own thoughts, feelings, and insights
online.
NEEDFOR REGULATION OFSOCIAL MEDIA
o Social costs:
oImpacts of social media on human behaviour and societal functioning
have necessitated a conversation on how social media platforms
should be regulated to minimize their social costs such as
adverse impact on mental health, anti-social behaviours etc.
o Bigtech companies leveraging their dominant position to impose
unfair terms and conditions on Indian users:
510 Mass Media Law
(U-v, Ch.4
according to
0 For ex: WhatsApp in 2021 updated its privacy policy from
which users would no longer be able to stop the app sharing
Facebook unless
data (such as location and number) with its parent
they delete their accounts altogether.
o Ethical and privacy concerns:
breach of
o The unethical use of social media has resulted in the
security.
individual privacy and impacts both physical and information
largest Internet user
O While children and teenagers represent the to protect
groups, for the most part they do not know how
are the most
their personal information, on the Web and information
vulnerable to cyber-crimes related to breaches of
privacy.
Increasing polarisation of society:
hyper-personalization bias of
o There is mounting concern that the by
social media algorithms contribute to social polarization
people from
creating Filter bubbles' or 'echochambers' that insulate
opposing views about current events.
from people
o People seek informed' opinions through Filters only view (known
they trust and look for news that confirms their world
share
as Confirmation Bias) and users are more likely to like and
the more polarizing topics (called the 'amplification effect').
Excessive social polarization is undesirable as it erodes the
democratic institutions that protect free speech and other basic rights.
o Threat of fake news and misinformation:
oIt is often very difficult to establish authenticity of news
receiving through social media sites.
o The nature of anonymity that it provides will give space for fake
news generators to thrive.
Traditionally we got our news from trusted sources, journalists and
media outlets that are required to follow strict codes of practice.
o However, the internet has enabled a whole new way to publish,
share and consume information and news with very little regulation
or editorial standards.
o Competition among websites and social media platforms has
sometimes resulted in the generation of fake news.
o Inthe past year, more than two dozen people have been lynched by
mobs spurred by nothing more than rumours sent over WhatsApp.
U-V, Ch.4) Social Media and its Regulation in India 511
Financial frauds
oPeople are becoming victim of online scam through social media.
oThreats to national security:
o Unregulated social media has empowered State and non-State
actors with the means and know how to co-opt the media
landscape in pursuance of illegal and terrorist activities, such as
radicalization, child pornography, human trafficking, drug
trafficking etc.
o Proven instances of gross failures of Facebook includes anti-Muslim
riots in Sri Lanka, the violence against Rohingya in Myanmar
o Undernmining democratic institutions
domestic
o Unregulated social media has also allowed foreign and
actors to interfere in democratic functioning of nations through
unidentified use of political advertisements during elections,
spreading disinformation about government bodies and other
institution.
scandal
o For ex: Facebook-Cambridge Analytical data
millions of
concerned the obtaining of the personal data of
Facebook users without their consent by British consulting firm
used for political
Cambridge Analytica, predominantly to beelection.
advertising during 2016 U.S Presidential
o Violation of human rights
bullying, posting inflammatory
o Social evils like online teasing, cyber
trolling etc.
or objectionable content, sexting and
Online abuse and defamation
trample the dignity of individual
o Social media offers a platform to
for political and personal purposes.
o Denial of agency
exercise freedom of thought.
o Social media deprives people's ability to decisions ultimately
Although the user is still making choices, their detrimental
flow from understandings that may suffer from
misconceptions that were promoted by a platform's
algorithms.
[U-V, Ch4
512 Mass Media Law
PRESENT STATUS OF REGULATION:
o The Information Technology Act, 2000
Media platforms, as such
o The Act defines Intermediary'. and Social are required to follow
and
fallunder the definitionof intermediaries
due diligence' as prescribed under the IT Rules.
Media/Intermediaries under IT Rules
o Guidelines for Social
2021:
Intermediaries:
o Categories of Social Media
number of users, on the social media platform
0 Based on the
intermediaries have been divided in two groups:
o Social media intermediaries.
intermediaries.
o Significant social media
followed by intermediaries:
o Due Diligence to be safe
diligence is not followed by the intermediary,
oIn case, due them.
harbour provisions will not apply to under Section 79 of
provisions have been defined
o The safe harbour social media intermediaries by giving them
the IT Act, and protect their
legal prosecution for any content posted on
immunity from
platforms.
is mandatory:
Grievance redressal mechanism Officer to deal with
a Grievance
shall appoint details of such officers.
o Internmediaries name and contact
complaints and share the
acknowledge the complaint within twenty
shall
o Grievance Officer it within fifteen days from its receipt.
four hours and resolve
online safety and dignity of users:
o Ensuring remove or disable
access within 24
hours of
o
Intermediaries shall
contents that exposes the private areas of
receipt of complaintsof sexual
individuals in full or partial nudity or in
individuals,show such impersonation including morphed images
of
act or is in the nature
etc.
either by the individual or by any
complaint can be filed
o Such a his/her behalf.
other person on Significant Social Media
o Additional Due Diligence for the
Intermediaries:
U-V,Ch.4]
Social Media and its Regulation in India 513
o Need to appointments:
Chief Compliance Officer
o Nodal Contact Person
Resident Grievance Officer all of whom should be resident in India.
Compliance Report:
oNeed to publish amonthly compliance report mentioning the details
of complaints received and action taken on the complaints as well
as details of contents removed proactively.
Enabling identity of the originator:
oSignificant social media intermediaries providing services primarily
in the nature of messaging shall enable identification of the first
originator of the information.
o Required only for the purposes of prevention, detection,
investigation, prosecution or punishment of an offence related
to sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, or public order, Or of incitement to an
offence relating to the above or in relation with rape etc.
Removal of Unlawful Information:
o An intermediary upon receiving actual knowledge in the form of an
order by a court or being notified by the appropriate Govt. or its
agencies through authorized officer should not host or publish
relation
any information which is prohibited under any law in
to the interest of the sovereignty and integrity of India, public order,
friendly relations with foreign countries.
o Initiative from Judiciary
directions to the print,
o The Supreme Court of India issued the
electronic or social media to maintain a strong sense of
responsibility and ensure that unverified news capable of causing
panic is not disseminated.
controversial
o The Supreme Court has struck down the
Section 66A of the Information Technology Act, 2000 that
made posting "offensive" comments online, a crime punishable by
jail, as being unconstitutional and against free speech.
514 Mass Media Law (U-v, Cha
o Initiatives taken by election commission
o In the 2019 elections, The Election Commission of India hae
issued instructions on the use of social media during election
campaigns that require candidates.
o To provide certain information about their:social media accounts.
o Obtain pre-certification or approval of their political
advertisements.
o Reportexpenditure on campaigning through the internet, including
via social media websites.
o Other steps taken:
o The government has urged the Internet Service Providers
(ISPs) to block access to child pornography websites and also
requested them to educate its subscribers about the use of parental
control of flters on devices via messages, e-mails, invoices, websites
and more.
CHALLENGESASSOCIATED WITH REGULATION OF SOCIAL
MEDIA:
oUndernmine the principles of open Internet:
o Regulating social media could undermine the principles of open and
accessible Internet.
oIssue of accountability:
o Since platforms do not generally create their content, they contend
that they are not responsible for what users produce and are
thus exempt from the libel, defamation, and other laws and
regulations that govern traditional media like newspapers and
television.
o Compliance stifles innovation and creates monopelies:
o Collective experience over many industries (ex: banking, healthcare,
insurance, oil, etc.) has shown that high cost of complying with
government regulations inhibits competition since it
discourages startups from enteringa market and disproportionately
harms existing smaller players.
o Impact on free speech:
oPublic regulation relateddirectly to contentmoderation (a take-down
of content approach)could lead to building acensorship framework
U-V,Ch.4] Social Media and its Regulation in India
515
dhat might harm freedom of expression and
suppress dissent or
disfavoured speech which, in turn, may lead to more "unimaginable
harm to democratic polity".
Violates the principle of self-regulation:
oRegulation of social media, such as New IT rules of 2021 makes a
mockery of the concept of self-regulation, with an inter-ministerial
committee of government officials in effect becoming an appellate
authority over the self-regulatory exercise.
SUGGESTIONS:
o Self-Regulation by the platforms:
o Aself-regulatory framework can help social media platforms fulfil
their obligation to the public to limit spread of misinformation,
extremism, hate speech, etc., and build trust with community
members.
Capacity building:
Addressing the prevailing issues in the society:
Efforts to address prevailing issues in the society will increase
the potential benefits from social media usage.
o There is thus a need to focus on addressing the prevalent issues
of communalism, casteism, sexism, extremism, poor law and
order.
o Promoting inclusivity:
many people to due
o Advantages of social media are restricted for
barriers and the digital divide in infrastructure
illiteracy, language
between rural and urban areas.
Digital Literacy and Awareness:
the internet.
o It is far less controversial than attempting to regulate
at our educational
o Responsible social media use must be taught
institutions.
o Abalanced approach of government:
the same
o Governments should strive to protect free speech and at
time mitigate the social costs of the social media by providing
a strong democratic oversight.
516 Mass Media Law
o Government should make social media platforms
(U4,ChA
liable for
obviously illegal content, if it is not removed within a cs
period of being reported.
o Government should also encourage social media a
and periodically update content standards
companiesto define
and
guidelines. enforcement
o Institution building:
o Independent agencies at the natiolnal and international
by abiding by a unified data governance law like General levels
Protection Regulation(GDPR) may act as the coordinator Data
the three stakeholders- government, social media beetween
companies and
individuals.
Global cooperation:
oMisinformation and deliberate conspiracies such as Qanon. Ant.
vaccination, anti-5G, can impact a wide global population
irrespective of its origin.
oTherefore countries need to come together under the aeris
of the United Nations to form a multilateral agency fora
coordinated measure to regulate social media.
