Rights Of Social Media: An Indian Perspective:

Indian Law:

1. Women and children:
   In India, The women and child Ministry is planning to make Changes in the Indecent Representation of Women (prohibition)Act,1986 to include electronic media and internet under its purview. At present the legislation only includes depiction of women in publications, and it plans to make extensions of its applicability on both women and children (both male and female)
    
2. Computer Emergency Response Team-India (CERT-IN) and cyber Regulations Advisory committee (CRAC)
   On January 20,2004,the then Minister for Information technology ,Arun Shourie formally inaugurated the computer emergency Response Team-India(CERT-IN) sec 88,of the information Technology Act,2000 provides for the constitution and the powers of the cyber Regulations Advisory committee (CRAC)
    
3. Constitutional Provisions:
   Every citizen of India has got a Fundamental Right to freedom of speech and Expression under Article19(1)(a) of the constitution of India. Normally Fundamental Rights are inviolate and cannot be violated even by Government except in some Circumstances. However,the Fundamental Right to freedom of speech and Expression is not absolute and is subject to Article 19(2) of the constitution.
    
4. The Information Technology Act, 2000
   Internet intermediaries in India are required to follow certain due Diligence requirements under the cyber Law of India incorporated in the Information Technology act, 2000 (IT Act,2000)
    
   If they fail to observe such cyber due diligence,the safe harbor protection available under the IT Act 2000 is lost.
    
5. Cyber Laws:
   National cyber Security Database of India (NCSDI) is an initiative by Perry 4law Techno legal Base (PTLB) to strengthen the cyber security capabilities of India. Our aim is to constitute a Techno legal cyber security Database of India.
   
    

Case Laws:

• Romesh Thappar v State of Madras
  The rights of a citizen and the rights of a media business owner fall under different baskets and contours, and cannot be considered the same. Freedom of speech and expression includes freedom of circulation, to the extent that the ability to propagate one’s expression is inherent in that freedom.
   
• Sakal papers v Union of India
  Executive orders cannot be made to restrict Article 19(1)(a) using 19(2) as justification; the restriction must have the authority of law.
   
• Indian Express Newspapers (Bombay) Ltd V Union Of India
  Entities engaged in the business of news/media have emerged as aprime source of information, helping people to cultivate opinions on the political, economic and social situation in the country. The traditional print media still retains influence and television is widely popular, but public opinion, especially of the youth, can be gauged through social networking platforms and the so-called ‘new media’.

In this way, the media continues its role as a kind of non-formal educator, helping citizens to make judgements, often by presenting views which are contrary to those of the government.

Freedom of expression on the Internet is a fundamental freedom of our age. Together with Internet privacy, it is vital to our freedoms to communicate and associate,and to collectively determine how our societies should be run.The government is under a duty to determine the area of investigation and control of the Internet and the Social media and also the level of control which has to be applied.

It is the duty of the government to enforce the fundamental and the human rights without interfering with the freedom of the people to express themselves. There is need to maintain the level of the privacy of the individuals who are blogging ,video sharing ,using twitter,commenting and liking various statements on the various social network sites.

Till there is no form of near and current danger to the government  or other people there should be no form of interference with the freedom rights of the people in general.Every person has the right to express freely his/her feelings, emotions and thoughts regarding the various issues which might be near to them.

Thus this paper concludes that the social media interaction has to be controlled by the government, but such form of control should be such as would not interfere with the general and specific human and fundamental rights of the people, in specific, the right to freedom of speech and expression.

Written By: A.J.E.Shiny