This Article has been written by Aakriti Singh, a 3rd Year student of LLB (Hons.) from Amity Law School, Amity University Noida.
INTRODUCTION
Censorship of social media is a complex issue that raises questions about freedom of expression and access to information. It also affects how people interact with each other online, as well as how businesses use these platforms to promote their products or services.
Social media has become an integral part of our lives, and it is increasingly becoming a platform for people to express their opinions and ideas. However, this freedom of expression can be limited by censorship. Censorship on social media can take many forms such as blocking certain topics or words, removing posts that are deemed inappropriate or even banning users from the platform. This raises several questions about the implications of censorship on social media and its effects on freedom of expression. In an article written by Talia Krakower, highlights the ways in which social media censorship affects freedom of expression. Unlike traditional forms of speech that are considered to be protected by law, social media is regulated differently. For example, Facebook’s Statement on Free Speech says that it is not “a place for people to express views or distribute content that is inspiring hate” and Twitter states that it does not tolerate “hateful conduct.” In addition, platforms like Facebook and Twitter offer users a number of advanced filtering options for their posts in order to keep the platform safe.
In order for the government to be able to regulate social media, Krakower argues that “the government must first enact and enforce laws that give it power over the internet.”This means that it is imperative for the government to have a clear understanding of what people can say and what they cannot say on social media platforms. However, many governments are struggling with how exactly they should regulate social media. This is because historically, this has been an area where individuals were free to speak their minds without being worried about repercussions. With censorship becoming a more common occurrence on social media sites such as Facebook and Twitter,
SOCIAL MEDIA AND FREEDOM OF SPEECH AND EXPRESSION
As an essential freedom, free speech has its limitations when it begins to impact others adversely. There is presently no universally recognised regulation that obliges social media platforms to take accountability for its content, thus making the user who placed the detrimental material online the only one held liable. Accountability is far from easy to assign, since it can be difficult to differentiate between misinformation, malinformation, and disinformation. Misinformation is disseminating incorrect information unintentionally, whereas disinformation is the act of knowingly providing false information. Malinformation involves deliberately providing accurate information with the intention of causing harm. Although researchers Baines and Elliott have recently tried to define these categories, determining intent in disseminating information is even more challenging. As a result, the onus is increasingly falling on social media platforms to remove any damaging content from their sites. Nations like Germany and France have taken the lead in holding such networks accountable for taking action against hate speech and disinformation. The European Union is likewise pressing for social media sites to assume responsibility for what is posted on their websites.
The utilisation of the Internet and Social Media has been acknowledged as a key method of communication through which people can exercise their freedom of expression and the ability to exchange information and ideas. In the last twelve months, an expansion in the global movements which are pushing for change, justice, equality, responsibility of the powerful, and respect for human rights has been witnessed, and the Internet and Social Media has repeatedly acted as a pivotal component by facilitating individuals to interact and share data rapidly and by forming a collective consciousness. Additionally, the UN Human Rights Committee has tried to establish practicality to the freedom of opinion and expression in the rapidly-altering media environment, the principal area of which is populated by the Internet and mobile communication.
The Committee explained new media as an international network to transfer concepts and thoughts that is not obligated to depend on the customary mass media, and announced that states should undertake all essential measures to support the freedom of these new media and to ensure access to them. Article 19 of the UDHR and Article 19(2) of the ICCPR also authorise the right to freedom of speech and expression, even in terms of the Internet and Social Media.
Consequently, it can be observed that freedom of speech and expression is recognised as an inherent right in any channel through which it is employed, be it the Indian Constitution or international documents. In light of the growing use of the Internet and Social Media as a medium for exercising this right, access to this channel has been identified as an essential human right.
The right to free speech and expression is not an unbridled privilege which gives a free pass to use language with complete immunity. Article 19(3) of the International Covenant on Civil and Political Rights outlines some restrictions on this right, such as protecting the reputations of others, national security, public order, and public health. Furthermore, as outlined in Article 19(2) of the Indian Constitution, the legislature can pass laws which put restrictions on the right to freedom of speech and expression, particularly with regards to India’s sovereignty, security of the State, foreign relations, public order, decency, morality, contempt of court, defamation, and inciting an offence.
LEGISLATION
Although there is no specific law that exclusively regulates social media in India, there are several provisions of existing cyber laws that can be invoked in cases of violations of rights in the cyber space, internet and social media. These are primarily stipulated in the Information Technology Act, 2000, which contains the following relevant sections: Sections 65, 66, 66A, 6C, 66D, 66E, 66F, 67, 67A and 67B, with punishments prescribed for various computer related offences, including tampering with computer source code, sending offensive messages through communication services, identity theft, cheating by personation using computer resource, violation of privacy, cyber terrorism, and publishing or transmitting obscene material in electronic form.
Additionally, Section 69 grants the Central or State Governments the power to issue directions for interception or monitoring or decryption of any information through any computer resource in the interest of the nation’s sovereignty, integrity, security and defence, friendly relations with foreign States, public order, and preventing incitement to commit cognisable offences, or for investigation of any offence. Section 69A allows the Central Government to issue directions to block public access to any information through any computer resource. Meanwhile, Section 69B gives the Central Government the power to authorise any agency to monitor and collect traffic data or information through any computer resource for cyber security. Section 79 imposes liability on intermediaries for third party information, data or communication link made available or hosted by them.
The most notorious provision of the Act, however, is Section 66A, inserted through the Information Technology (Amendment) Act, 2008. This stipulates punishment for sending offensive messages through communication service, etc. It specifically provides that any person who sends information that is grossly offensive or has menacing character, or knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, using a computer resource or communication device, or any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or mislead the addressee or recipient about the origin of the message, shall be punishable with imprisonment for up to three years and with a fine. It is pertinent to note that ‘electronic mail’ and ‘electronic mail message’ includes any message or information created or transmitted or received on a computer, computer system, computer resource or communication device, including attachments in text, images, audio, video and any other electronic record.
CONCLUSION
Evidently, social media has been an effective platform for citizens to express themselves freely, but it has also been misused for illegal activities which has provoked the Government to enforce censorship on the platform. Consequently, there are legitimate apprehensions that civil rights might be impinged on due to this action.
The ideal approach, therefore, should be regulation rather than censorship of social media. However, the present IT laws of India are inadequate to serve this purpose, as the Government has wide discretionary powers in this regard. Even then, the existing regulations are inadequate to curb the misuse of social media. Thus, there is an immediate need for legislation which can effectively regulate the platform.
To ensure the safety of social media and protect the civil rights of users, it is recommended that the Government form a Committee with technical experts to analyse all aspects of the platform and advise on suitable ways to regulate social media without jeopardising citizens’ civil liberties.
REFERENCES
Social Media and freedom of speech and expression Legal Service India – Law, Lawyers and Legal Resources, https://www.legalserviceindia.com/legal/article-426-social-media-and-freedom-of-speech-and-expression.html (last visited Feb 28, 2023)
Straddling free speech and censorship: What social media should do to stay afloat ORF, https://www.orfonline.org/expert-speak/straddling-free-speech-censorship-what-social-media-should-do-stay-afloat/ (last visited Feb 28, 2023)
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