What is Social Media-
Social media comprises primarily internet and mobile phone based tools for sharing and
discussing information. It blends technology, telecommunications, and social interaction and
provides a platform to communicate through words, pictures, films, and music.
Social media
includes web- based and mobile technologies used to turn communication into interactive
dialogue.

Social media can be defined as any web or mobile based platform that enables an
individual or agency to communicate interactively and enables exchange of user generated
content.

Another variant of social media is mobile social media i.e. when social media is used in
combination with mobile devices it is called mobile social media. Due to the fact that mobile
social media runs on mobile devices, it differentiates from traditional social media as it
incorporates new factors such as the current location of the user (location-sensitivity) or the
time delay between sending and receiving messages(time-sensitivity).

Types of Social Media-

1. Social networking
   Social networking is an online service that enables its users to create virtual networks with
   likeminded people. It offers facilities such as chat, instant messaging, photo sharing, video
   sharing, updates etc. The most popular are Facebook and LinkedIn.
2. Blogs
   Blogs are descriptive content created and maintained by individual users and may contain
   text, photos and links to other websites. The interactive feature of blogs is the ability of
   readers to leave comments and the comment trail can be followed.
3. Micro blogs
   Micro blogs are similar to blogs with a typical restriction of 140 characters or less, which
   allows users to write and share content. Twitter is a micro blogging site that enables its users
   to send and read ‘tweets’.
4. Vlogs and Video Sharing sites
   Video blogs (Vlogs) are blogging sites that mainly use video as the main form of content
   supported by text. You Tube is the world’s largest video sharing site. You Tube is a video
   live casting and video sharing site where users can view, upload, share videos and even leave
   comments.
5. Media Sharing-These services allow one to upload and share photos or videos. Interaction is by sharing and commenting on user submissions. The most popular are YouTube and Flickr.
   There can be overlap among the above mentioned types of social media. For instance,
   Facebook has micro blogging features with their ‘status update’. Also, Flickr and YouTube
   have comment systems similar to that of blogs.

Freedom of Speech and Expression-

Freedom of speech and expression is broadly understood as the notion that every person has
the natural right to freely express themselves through any media and frontier without outside
interference, such as censorship, and without fear of reprisal, such as threats and
persecutions. Freedom of expression is a complex right. This is because freedom of
expression is not absolute and carries with it special duties and responsibilities therefore it
may be subject to certain restrictions provided by law.

Article 19 (1) (a) of the Constitution of India also confers on the citizens of
India the right “to freedom of speech and expression”. The freedom of speech and expression
means the right to express one’s convictions and opinions freely by word of mouth, writing,
printing, pictures or any other mode. It also includes the right to propagate or publish the
views of other people.
The term ‘freedom of speech and expression’ includes any act of seeking, receiving and
imparting information or ideas, regardless of the medium used. Based on John Milton’s
arguments, freedom of speech is understood as a multi- faceted right including not only the
right to express or disseminate information and ideas but also including the right to seek,
receive and impart information and ideas.

The notion of freedom of speech and expression is intimately linked to the concept of
democracy. democracy means self-government by the people and for the proper functioning of which, an informed electorate is indispensable which, in turn, requires that there be no constraints on the free flow of information and ideas. Democracy will not be true to its essential ideal if those in power are able to manipulate the electorate by withholding information and stifling criticism.

Restrictions on Freedom of Speech and Expression–

The freedom of speech and expression does not confer on the citizens the right to speak or
publish without responsibility. It is not an unbraided license giving immunity for every
possible use of language and prevents punishment for those who abuse this freedom. Article
19(3) of the ICCPR imposes restrictions on the following grounds:
(a) For respect of the rights of reputations of others
(b) For protection of national security, or public order, or public health or morals.

As per Article 19(2) of the Constitution of India, the legislature may enact laws to impose
restrictions on the right to speech and expression on the following grounds:
(a) Sovereignty and integrity of India
(b) 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

Cyber Laws of India and Social Media
Although there is no specific legislation in India which deals with social media, there are
several provisions in the existing so-called cyber laws which can be used to seek redress in
case of violation of any rights in the cyber space, internet and social media. The legislations
and the relevant provisions are specifically enumerated as under:

The Information Technology Act, 2000–

(a) Under Chapter XI of the Act, Sections 65, 66, 66A, 6C, 66D, 66E, 66F, 67, 67A and
67B contain punishments for computer related offences which can also be committed
through social media viz. tampering with computer source code, committing computer
related offences given under Section 43, sending offensive messages through
communication services, identity theft, cheating by personation using computer
resource, violation of privacy, cyber terrorism, publishing or transmitting obscene
material in electronic form, material containing sexually explicit act in electronic
form, material depicting children in sexually explicit act in electronic form,
respectively.
(b) Section 69 of the Act grants power to the Central or a State Government to issue
directions for interception or monitoring or decryption of any information through any
computer resource in the interest of the sovereignty or integrity of India, defence of
India, security of the State, friendly relations with foreign States, public order, for
preventing incitement to commission of any cognizable offence, for investigation of
any offence.
(c) Section 69A grants power to the Central Government to issue directions to block
public access of nay information through any computer resource on similar grounds.
(d) Section 69B grants power to the Central Government to issue directions to authorize
any agency to monitor and collect traffic data or information through any computer
resource for cyber security.
(e) Section 79 provides for liability of intermediary. An intermediary shall not be liable
for any third party information, data or communication link made available or hosted
by him in the following cases-
 his function is limited to providing access to a communication system over which
such information is transmitted, stored or hosted.
 He does not initiate, select the receiver and select or modify the information
contained in the transmission.
 He observes due diligence and other guidelines prescribed by the Central
Government while discharging his duties.
Again, an intermediary shall be liable in the following cases:
 He has conspired, abetted, aided or induced by threats, promise or otherwise in the
commission of the unlawful act.
 He fails to expeditiously remove or disable access to the material which is being
used to commit the unlawful act, upon receiving actual knowledge or on being
notified by the Government.

(f) If any intermediary fails to assist, comply with direction and intentionally contravenes
provisions under Sections 69, 69A and 69B respectively, he shall be liable to
punishment.
(g) Section 43A provides that where a body corporate possessing, dealing or handling any
sensitive personal data or information in a computer resource owned, controlled or
operated by it, is negligent in implementing and maintaining reasonable security
practices and procedures thereby causing wrongful loss or wrongful gain to any
person, it shall be liable to pay damages by way of compensation to the affected
person.
(h) Section 70B provides for an agency of the Government to be appointed by the Central
Government called the Indian Computer Emergency Response Team, which shall
serve as the national agency for performing functions relating to cyber security.

The Information Technology (Procedure and Safeguard for Monitoring and Collecting
Traffic Data or Information) Rules, 2009
These rules are made by the Central Government in exercise of its power under Section 87(2) with regard to the procedure and safeguards for monitoring and collecting traffic data or
information under Section 69B (3).
Rule 3 provides that directions for monitoring and collection of traffic data or
information under Section 69B (3) shall be issued by an order made by the competent
authority.
Rule 2(d) defines competent authority as the Secretary of the Government of India in
the Department of Information Technology under the Ministry of Communications and
Information Technology.
Rule 3 further provides that the competent authority may issue directions for
monitoring for purposes related to cyber security.
Rule 4 provides that the competent authority may authorize any agency of the
Government for monitoring and collection of traffic that or information who shall designate a
nodal officer to send requisition conveying direction under Rule 3 to the Designated Officer
of the intermediary.

The Information Technology (Reasonable Security Practices and Procedures and
Sensitive Personal Data or Information) Rules, 2011
These rules are made by the Central Government in exercise of its powers under Section
87(2) read with Section 43A with regard to the reasonable security practices and
procedures and sensitive personal data or information under Section 43A.
Rule 6 provides that the disclosure of sensitive personal data or information by body
corporate to any third party shall require prior permission from the provider of such
information. However, the information can be shared with Government agencies, without
obtaining prior consent, for the purpose of verification of identity, or for prevention,
detection, investigation including cyber incidents, prosecution, prosecution, and punishment
of offences.

Conclusion
It is clearly evident that social media is a very powerful means of exercising one’s freedom of
speech and expression. However, it is also been increasingly used for illegal acts which has
given force to the Government’s attempts at censoring social media. Where on the one hand,
the misuse of social media entails the need for legal censorship, on the other hand, there are
legitimate fears of violation of civil rights of people as an inevitable consequence of
censorship.
What is therefore desirable is regulation of social media, not its censorship. However,
the present cyber laws of India are neither appropriate nor adequate in this respect. An
analysis of the existing IT laws shows that there is unaccountable and immense power in the
hands of the Government while dealing with security in the cyber space. Even then, it is not
sufficient to check the misuse of social media. Hence, a specific legislation is desirable to
regulate social media.
However, there are many practical difficulties which may arise while doing so. There is
a very thin line which demarcates the enjoyment of one’s right and the violation of the
enjoyment of else’s right in the process. In social media, the exercise of freedom of speech
and expression by one may result in the invasion of privacy and defamation. Again, the idea
of objectionable content varies from one person to another. A cartoon is a harmless way of
having fun but offence may be taken by the person concerned. Similarly, hate speech, racist
remarks, religious sentiments have different meanings for different people.
Keeping all this in mind, it is suggested that the Government should form a Committee
including technical experts to look into all the possible facets of the use and misuse of social
media and recommend a suitable manner in which it can be regulated without hindering the
civil rights of citizens.