View of Freedom Of Speech And Expression With Special Reference To Social Media

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Annals of R.S.C.B., ISSN:1583-6258, Vol. 25, Issue 4, 2021, Pages. 18019 - 18035 Received 05 March 2021; Accepted 01 April 2021.

18019 http://annalsofrscb.ro

Freedom Of Speech And Expression With Special Reference To Social Media

R.Vimalarajagopal

Assistant Professor, Saveetha School of Law,

Saveetha School Of Medical and Technical Science [SIMATS], Saveetha University,

Chennai-77

Abstract

Today’s world has shrunk into everyone’s palm, without phone no one is seen and without internet hardly very few can be observed. In order to convey any emergency news to useless new social media is only used even the Prime Minister of India uses only social media to convey or inform any information, requests, orders etc before into paper. It is so fast and has quick response. Trolls and memes are some most tool used for getting popular it might be positive or negative popularity. This paper aims at bringing to light the misuse of freedom these social media platform uses in the name of freedom.

Effectiveness of government’s censorship regulations and the impact of law of the land and cyber crimes laws. It is can be concluded that what's therefore suited is law of social media, no longer its censorship.

however, the gift cyber legal guidelines of India are neither appropriate nor adequate in this admire. An evaluation of the prevailing IT legal guidelines shows that there is unaccountable and huge power in the hands of the authorities even as coping with security in the cyber space. Even then, it isn’t enough to test the misuse of social media.

Keywords: freedom, social media, information sharing, internet, India, constitution of India, censorship.

INTRODUCTION

The best way to define social media is to interrupt it down into two terms i.e. media and social. Media is an instrument on verbal exchange, like a newspaper or a radio, so social media is one among the instrument or platform used for verbal exchange. Social media has end up an extension of our lives. All of us has a presence on social media, although there are several flaws and unwell consequences, it can't be run down due to the fact it's also a notable tool to attach, collaborate, and unite humans no matter territorial limitations.

When it comes to its origin it dates back to 1844 may 24 when series of electronic dots and dashes tapped out by hand on a telegraph machine from Baltimore to Washington, D.C., proved Samuel Morse understood the historic ramifications of his scientific achievement:

Which now we call it as Morse code. In 1987, the direct precursor to today’s internet came into being when the National Science Foundation launched a more robust, nationwide digital network known as the NSFNET. A decade later, in 1997, the first true social media platform was launched.

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Social media networking in late 90’s when introduction of digital commiunication took place wherein email, orkut, real time, bulletin board messaging etc where started for online chatting. Since then there were many online chatting platform introduced but few failed to overcome the new ones being launched , early 2000’ saw many new trend coming in internet like facebook(2004), reddit(2005), youtube (2005), twitter(2006), instagram (2010) and pinterest(2010).

The freedom of speech and expression does not confer on the citizens the right to talk or publish without responsibility and the legislature may enact laws to impose regulations at the right to speech and expression on the numerous grounds. Social media is open to misuse as well, as several cyber crimes can be committed without any difficulty through social media (e.g. threats to all female rock bands of J&K). This gives the country a justification to alter online content material within the pursuits of the public at huge, the need of which cannot be denied.

So long as the interests of humans are looked after, there may be no objection to authorities of law but the hassle arises when, within the name of regulation, it begins censoring i.e. encroaching upon the civil rights of the humans viz. freedom of speech and expression (e.g. Mamata Banerjee cartoon case, Mumbai facebook case, Air India Ltd.

Employees case, and so on.)

Social Media has emerged as an important communications device through which people can express their right of freedom of expression and exchange records and thoughts.

In the last 12 months, a growing movement of human beings around the sector has been witnessed who're advocating for trade, justice, equality, responsibility of the powerful and appreciate for human rights (e.g. U.S. President election, justiceforanitha, psbbcontroversies, china-coranacontroversies) in which the internet and Social Media has played a key function.

The growing digitalization of societies internationally has led to remarkable opportunities to try, find, acquire and impart political facts and thoughts, which might be the lifeblood of elections. The internet, specifically the social media and social messaging, have modified the way politicians, political events and the electorate talk with each other, with the risk of being more direct and faster than at any point in history. The accuracy of statistics may be checked and corrected faster, more thoroughly and by way of a more number of actors than ever earlier than, but there are also increasing concerns about the disruptive consequences on public debate springing up from the misuse of virtual technology. Political micro-targeting of individual citizens is pushed via aggregated non-public data(personal data of an individual which is not used for public at large), which isn't usually obtained in lawful ways.

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furthermore, micro-focused practices are often manipulative in nature. Little attempt is needed to generate disinformation and for it to move viral, because of the most important commercial enterprise models and networked person of internet. Fragmentation inside the communications surroundings, coupled with new digitally-enabled approaches in political funding, campaigning DY and advertising, frequently missing in transparency, demanding situations the ‘free’ nature and the public character of whole information for the during of elections.

Indians are very much active in social media, many leaders, celebrities and big enterprises or entrepreneur are relied on social media platform like twitter, instagram, facebook. Earlier only entertainment field personality used public platform to connect with people but now there is group called social media influencers’ (mostly young people are into this), they use these platform to become popular, they see as a full time job. These groups are celebrated as film personalities and have fan base like same.

“Fake news” has grown into normal and frequently used term in the past few years. It has ignited tremendous fears for the integrity of public debate and elections, together with the accuracy and reliability of the records that feeds public opinion. A lightning rod for grievance and controversy, the time period is now experiencing push-again. Many commentators find it too elaborate or big content or unclear and point to its exploitation as a convenient catch-cry by politicians seeking to undermine uncomfortable facts and critical voices in public debate.

In consequence, disinformation has emerged as the preferred and more accurate term in discussions of relevant issues. While disinformation as an escalating trend impacts many issues (for example, public health), it is of particular significance in relation to whether societies have informed electorates.

Not only in India even in US this Social media is playing a big role I take upon US to compare because all its history dates back to US inventions so it could only be apt if I draw a comparison with US. Even in US this social platform dons the country. As per a report, 72%

of US adult use social media platform in which youtube tops with 73%, facebook with 69%, instagram with 75%¹ of which 18 to 24 aged are the most used ones. While in India youtube tops with 85.8%, facebook with 75.7%, followed by 74.6%, instagram with 70.6%, and twitter with 50.6%.²We can easily come out with this statics that social media has influenced so many youngsters of the nation into this business. If this goes out with positive site then

1 https://online.maryville.edu/blog/evolution-social-media/

2 https://datareportal.com/reports/digital-2021-india

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well and good no issues, it a developing sign but this isn’t going that way as much as good it has even worse bad into it, it is very much evident in past year.

Freedom of Speech and expression is widely understood in a way that everybody has the natural right to freely express themselves thru any media and frontier without outside interference, including censorship, and without worry of reprisal, such as threats and persecutions. Freedom of expression is a complicated right. That is due to the fact freedom of expression isn't always absolute and consists of with it unique duties and liabilities therefore it may be concerned to certain regulations provided by means of law.

In this relevant, Article 19 (1) (a) of the constitution of India also confers on the residents of India the privilege “to freedom of speech and expression”. The freedom of speech and expression conveys the right to express one’s convictions and opinions freely by means of phrase of mouth, writing, printing, picture or any other mode. It also includes the right to propagate or post the perspectives of different people. Article 19(2) offers for a number of grounds for imposing reasonable regulations on this right. On the ground of the sovereignty and integrity of India, the safety of the state, to maintain international peace and good relationship with foreign States, public order, decency or morality or in terms of contempt of courtroom, defamation or incitement to an offence. Only content that falls inside these parameters as authorized by means of regulation may want to legitimately be considered “objectionable”. As opposed to defining a new class of “objectionable speech”, what therefore might be useful is to evaluate all of India’s laws and rules as they relate to freedom of expression towards those requirements set via the constitution. This would make certain difference between content material this is socially objectionable and of legally objectionable remains firmly in area, as it must be. It could on the equal time also help to make sure that the Constitution is operational as supposed by its writers.

Social media has the power to reach the loads and distribute statistics, which in flip has led to everybody acting as a watchdog, scrutinizing the effective and exposing mismanagement and corruption. numerous cyber-crimes, defamation, invasion of privateers, incitement of offences, racist comments, stalking, abuse, hacking, harassment and plenty of more can be without difficulty devoted thru social media and once such objectionable content material is uploaded, it will become viral and consequently, very difficult to stop it. Hence, the importance of the government regulating social media also stands as an important factor.

So far as the pursuits of human beings, there can be no objection to state regulation but the problem arises there, in the name of rules and orders, the government starts off evolved censoring i.e. encroaching upon the civil rights of the human beings viz. freedom of speech

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and expression etc. despite the fact that there are safeguards on this regard, every nation tends to surpass them in a few way via its magnitude may also range from country to country.

Despite the fact that the Information technology Act become in force considering 2000, India did not regularise the cyber space with lots vigour earlier than the 2008, when terrorist assault on Mumbai happened. After the attacks, the information Technology Act, 2000 turned into amended to amplify and improve the monitoring and censoring capacity of the authorities.

LITERATUR REVIEW

Pekka Hallberg,Janne Virkkunen (2017) This book offers a completely unique exploration of the current State of freedom of speech as a basic right to be had to everybody.

Akash kamal mishra, (2018) This book consists of Media Law concerning print, electronic, film and advertising media as prevalent in India. The book begins with the history of media law in India and discusses the specific provisions in the Constitution of India which is essential for a law student as well as a journalist. It then goes on to define the concepts of the history of media law and Intellectual Property Rights. Besides, the text discusses in detail the information of the Authorities regulating the media industry, Laws applicable for information, Broadcasting and for films.

Shishir Tiwari (2017) in this article the author or author emphasizes the effect on social media and its extension in our lifestyles. These days this social media platform has come to be part and parcel of existence. This creator says social media structures are excellent provided it does now not increase its limit. There may be no precise law that governs social media activities but this creator emphasizes the act. The national framework relevant for social media provides a matrix of several legislations together called the cyber laws of india. although none of those legislations talk to social media in line with se but, thinking about that they touch upon modern social media related issues, it becomes forthcoming to research them, mainly section 66A of the statistics generation act, 2000, towards some of these stumbling blocks this author tries to analyze the realization of the proper to freedom of speech and expression in the context of social media and the function of regulation in making sure and regulating its exercise.

Cyber Law in India

The cyber law of India now consists of provisions regarding blocking of websites, monitoring and collecting net visitor records, interception or decryption of such facts, unhindered admission to sensitive personal information, holding intermediaries’ in other words social media web sites responsible for hosting user generated objectionable content

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material, and so on. In this regard, India has been considered as a country engaged in

‘selective’ internet filtering.

The case of banning the telecast of controversial BBC documentary ‘India’s Daughter' on the December 16, 2012³, gang rape was the clear violation of the right to speech and expression guaranteed under Article 19 of the constitution of India. The documentary is about the gang rape of a 23-year-old trainee physiotherapist, who was brutally assaulted on December 16, 2012 in a moving bus in Delhi. It kicked up a storm after one of the convicts Mukesh Singh was interviewed in Delhi's Tihar Jail. The documentary also has comments from the convicts' counsel A.P. Singh and M.L. Sharma, who allegedly made derogatory remarks against women. The banning of the telecast of the documentary in all formats caused uproar in India. The PILs have been filed In the Supreme Court saying the ban on the documentary was in clear violation of fundamental rights under Article 19 of the constitution.

In the Secretary, Ministry of Information and Broadcasting, Government of India and others v. Cricket Association of Bengal and others⁴ the Supreme Court held that “for ensuring the freedom of speech right of the citizens of this country, it is necessary that the citizens have the benefit of plurality of views and a range of opinions on all public issues. A successful democracy posits an aware citizenry. Diversity of opinions, views, ideas and ideologies is essential to enable the citizens to arrive at informed judgment on all issues touching them.

This cannot be provided by a medium controlled by a monopoly- whether the monopoly is of the State or any other individual, group or organization.”

The Supreme Court in its recent judgment strike down Sec 66A of the information Technology Act saying it to be a “draconian” provision that had led to the arrests of many people for posting content deemed to be “allegedly objectionable” on the Internet. The bench of Justices J. Chelameswar and Rohinton F. Nariman said that it is clear that Section 66A arbitrarily, excessively and disproportionately invades the right of free speech and upsets the balance between such right and the reasonable restrictions that may be imposed on such right.

Section 66A of the Information Technology Act, 2000 inserted vide Information Technology (Amendment) Act, 2008 provides punishment for sending offensive messages through communication service, etc. Privacy involves the right to control one’s personal information and the ability to determine how that information should be obtained and used. The volume and varying nature of transactions carried out on the net are such that the right to privacy must exist.

3 Ayushi jaiswal, easy on constitution of India and social media Bharati law review, 2015

4 AIR 1995 SC 1236

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“Right to Privacy” is an implied right under Fundamental Rights. The constitution of India does not expressly recognize the right to privacy but at the same time this right has been spelt out by our Supreme Court from the provision of Article 21 which deals with the right to life and liberty. The Apex Court of India has reiterated the “Right to privacy” in many cases;

however, its application vis-à-vis internet content has not yet been directly clarified by a judicial ruling. Many people view social networking sites as a kind of online cocktail party where one gets to establish contacts and raise a personal or corporate profile. But the cocktail party metaphor isn’t entirely accurate. In fact, users would be better served if they thought of social network services in the context of a loud glass house; a place with endless visibility.

This can be illustrated by few cases decided by the Indian Judiciary where it accepted activities done on Facebook as evidence. The case of Mattel Inc. and Others v. Jayant Agarwalla and Others⁵ decided by the Delhi High Court on 17 September 2008 is a good example where copies of Facebook pages were used to decide a case on Trademark Infringement. In another case of Carla Gannon and Another vs Shabaz Farukh Allarakhia and another⁶ it was held that, Facebook activities were taken as evidence to decide the matter of custody of a minor child. Hence it leaves no room to doubt the importance of activities undertaken mindlessly on a Social Networking Site. The Indian Judiciary also gives due recognition to the same. Even in recent decision the Apex Court held that the chat history of whatsapp, messagener, duos, Google hangout, telegram can also b considered as evidence (electronic evidence).

The government of Indian additionally sanctioned the court docket’s stance after reviewing all of the proof and being happy that they can be proceeded against as in step with phase 153- A, 153-B and 295-A of the Indian Penal Code (Singh, 2012), with speedy- growing generation, safety and privateness have now not been the first priority inside the development of such websites. As a result, alongside the above benefits, considerable privacy and security dangers have additionally emerged (Gross & Sweeney, 2007). This is another pressure from the state to these multi nationals companies that privacy and security issues and information furnished in their respective websites to be in control.

Security troubles have received a lot momentum now, that large names like facebook and LinkedIn are forced to introduce a number of capabilities on their websites to guard privateness of their customers. A person can limit information about posts, images, on line status and other factors that others can see or handle. Users can reduce what can be seen from

5 CS(O S) 344/2008, IDBI

6 Criminal Writ Petition No.509 of 2009, IDBI

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their profile and what status approximately they are in on-line sports is public, which includes their use of particular facebook programs, users also can block particular facebook users from seeing extra than a confined profile, or from finding users through search. Facebook additionally limits the ability of search-web page web crawlers to harvest person facts, saying in its privacy policy, facebook takes movement to dam access through these engines to non- public data other than name, profile picture, and restricted aggregated information approximately the profile (e.g. wide variety of wall postings)”. A brand new option has also been added via fb wherein a consumer who logs in from a distinctive computer is requested for authorization. This login is notified to the registered e-mail of the facebook consumer. So if the account is hacked or an unknown consumer logs in, the facts of such a get admission to is immediately despatched at the registered e-mail.

LinkedIn is the most commercial enterprise like social networking internet site, and its customers seem typically aware of the want to behave professionally. The website online offers a extensive range of gear for customizing others’ views of users, which includes the capacity to exchange whether human beings the user is related to can see just the ones having in commonplace, or the entire connections list.

ANALYSIS OF THE STUDY

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Figure 9

DATA INTREPERTATION AND CONCLUSION WITH SUGGESTIONS

Social media has emergence has one of the prominent platform for expressing view of anything. You can drag anyone to any core; it can be positive way or negative way. The social media platform is not just a place for communicating; this place has brought everything into your palm. You can seriously know everything in the world just sitting in your living room without any trouble and any hurdle, with use of facebook you can be friend of anyone in the world provided they are also interested. Youtube dumps you with hell a lot of information’s and videos, which you don’t even know true or fake, that is the case of you

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tube we just follow whatever is said in that video without even understanding its consequences. In the past years peoples growing movement was witnessed who wanted to have change in justice, equality, accountability of the powerful ones and human rights to be respected. Now it is very much understood that internet and social media has played a key role by enabling people to exchange and connect and share information instantly without any hassle and create a sense of solidarity.

Emphasising the importance of internet, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression in his Report, which was submitted to the Human Rights Council, stated that the internet has become a key means by which individuals can exercise their right to freedom and expression and hence, internet access is a human right. Report further stressed that States should ensure that internet access is maintained at all times, even during times of political unrest. The States were also reminded of their positive obligation to promote or to facilitate the enjoyment of the right of freedom of expression and the means necessary to exercise this right, including the Internet.

The States were also asked to adopt policies to make the Internet widely available, accessible and affordable to all.

The researcher’s main objective of this research was to know the answer for following questions.

Does freedom of speech apply to social media?

Are social media platform obligated to protect free speech and expression Do social media misuse the right of freedom of expressions?

How social media misuse ones right to freedom of expression

How social media is protected from freedom of expression and speech

Does constitution article gives more right to social media to misuse the provision which was laid for layman who is at need and it is used by someone who misuses with the benefit of free speech?

Is section 66A of IT Act is violation of Article 19?

It is observed that the social media platform is used by all people age and it does not have any restriction unless we say our age into it while logging in. even then there is problem of creating fake ids and login ids which not only bring problem to nation but also to characterization problem, many cases are there were the parents are not in position to over their kids or children from getting addicted.

The first and foremost objective was to find out or study the weather freedom of speech apply to social media so it is yes that social media has very much freedom that it

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cannot be questioned so easily and it enjoys so much freedom that it is posted and shared before it is been removed, because it is so quick and has instant reactions.

Social media has offered a new, accessible, influential and pervasive avenue for citizens to express themselves. While traditional media acted as publishers and retained control over what gets published, social media platforms have chosen to position themselves merely as technology platforms.

They have a safe harbour for material published on their platforms by third parties, subject to some due diligence obligations. The Supreme Court has also clarified that platforms are not expected to voluntarily take down illegal content unless directed by the appropriate authority to do so. Thus, apart from auto filters and technology enabled tools that sieve out some specific type of content, there is no pre-approval for content published on these platforms.

Slowly but progressively, social media platforms have come to be an important and compelling approach of expression of self, of mobilising and, at instances, even formulating public opinion. An effective device for mass attain, the platforms offer an equal of a public space in a virtual international, used continuously by hundreds of thousands of customers to specific their perspectives. This fashion, and now a unconscious addiction of expressing ourselves on social media, has end up so ingrained in our device that any incapacity to access or express is not tolerated any more.

Expressing oneself on social media has almost completed the reputation of 'necessity' and 'dependency'. Each user wishes this strength, posts, traits, social media mass moves, upward thrust of influencers and movie star endorsements only reaffirm the power of unfastened speech, powered through social media. Whilst government or courts order take down of content, the aggrieved citizen can invoke their essential rights and method the court docket to guard their freedom of speech. When platform themselves take down the content material, the aggrieved citizens feel helpless as they can't put into effect essential rights towards a private celebration. Every platform has its very own rules of behavior which dictate what it needs to allow on its forum, and what's out of bounds. Users agree to abide by means of those regulations whilst they agree to the phrases of use of the platform. Generally, the terms are extensive enough to offer the platform the autonomy to take down content material.

Since the content is eliminated from a platform pursuant to contract terms, otherwise called phrases and conditions of the platform, allowing the platform to do away with content

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material, droop or terminate a person account in positive instances of breach, the dispute willy nilly will become a pure contractual one.

There are several motives why structures may also voluntarily want to put off content.

Firstly, as a company policy, platforms would want to demonstrate that their platforms are safe and happy places and allow simplest suitable conduct on their platform. Secondly, advertisers are an increasing number of turning into aware of the reputation and ways of working of systems. This drives platforms to mild their content, lest they alienate advertisers who are seeking for to keep away from association with unlawful or unwanted content.

Thirdly, in a few cases, structures might also lose safe harbour in the event that they do now not take down content that's towards their own platform rules.

Now it can be suggested that what approximately user behaviour on social media?

Should users be given a free rein without a responsibility for his or her actions or speech?

What will be the manner forward for social media structures? So the answer lies in self- responsibility of customers and social media systems as nicely. it's essential to train users about the effect of the use of social media, and what is and isn't appropriate behaviour on such mass attain systems. Customers want to gain knowledge of the difference among public v/s non-public facts, being discreet and at instances tactful with sensitive records. Further, social awareness campaigns discussing a problem which includes fake news, bullying, harassment, and unlawful activities on social media systems have to be created to build a society of responsible, proper awareness on netizens. Complaint redressal mechanisms to right away document such acts, and effects of such acts, must be publicised on a huge scale to assist the vulnerable, and deter the wrong doers.

It’s far perhaps time to acknowledge that mere removal of content, without offering proper reasoning to the consumer, does no longer work anymore. but, considering the amount of content concerned, this may no longer always be possible.

It is can be concluded that what's therefore suited is law of social media, no longer its censorship. however, the gift cyber legal guidelines of India are neither appropriate nor adequate in this admire. An evaluation of the prevailing IT legal guidelines shows that there is unaccountable and huge power in the hands of the authorities even as coping with security in the cyber space. Even then, it isn’t enough to test the misuse of social media.

Subsequently, a specific law is proper to modify social media. However, there are numerous realistic difficulties which might also rise up while doing so.

there may be a very thin line which demarcates the leisure of one’s proper and the violation of the entertainment of else’s proper in the method. In social media, the

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exercise of freedom of speech and expression by using one, may additionally bring about the invasion of privateness and defamation. Once more, the concept of objectionable content material varies from one character to another. A cool animated film is a harmless manner of having a laugh but offence can be taken by the person concerned. in addition, hate speech, racist feedback, non secular sentiments have distinctive meanings for unique human beings.

Retaining all this in thoughts, it is cautioned that the authorities must shape a Committee consisting of technical experts to look into all the possible aspects of the use and misuse of social media and propose an appropriate manner wherein it can be regulated without hindering the civil rights of residents.

REFERENCES

1. Shishir Tiwari and Gitanjali Ghosh, “Social Media and Freedom of Speech and Expression: Challenges before the Indian law”, (2013).

2. Anahitha Mathai, Media Freedom and Article 19, (2013).

3. Ratnesh Dwivedi, Freedom of Media in India: A Weapon to Kill Enemies or Protection Guard for Public-The Two Sides, (2012).

4. Itisha Yadav & Fathima Quraishi, Emerging Platform for E-Crime: Issues of Social Networking Websites in India, IJCJS, (2011).

5. Jayant Sriram, SC strikes down ‘draconian’ Section 66A, 25th March 2015.

6. Aparna Viswanathan, An unreasonable restriction, 20th February 2013.

7. Anja Kovacs, Report on regulating social media or reforming section 66A? Our recommendations to the Law Commission of India, 21 August (2014).

8. Jose Ramirez, essay on Social Media and Law Enforcement, (2012).

9. Paranjoy Guha Thakurta, Media Ethics (New Delhi: Oxford University Press, 2012).

10. Devanik Saha, India's Stuttering Internet Revolution, Business Standard, March 23 2015.

11. Ayushi jaiswal, easy on constitution of India and social media Bharati law review, 2015

12. AIR 1995 SC 1236 13. IDBI

14. CS(O S) 344/2008, IDBI

15. Criminal Writ Petition No.509 of 2009, IDBI.