Cyber
crimes and social media websites in India share a unique
relationship. Social media platforms are frequently used to commit
various forms of cyber crimes. Hence it is important to regulate
these social media platforms in some manner and to some extent. Of
course, we cannot regulate social media platforms in absolute sense
and under all circumstance and neither should we do so.
Recently the idea of formulating guidelines
for social media contents regulations in India was mooted. Before
that the idea of pre
screening of contents at social media websites was out rightly
rejected by both social media platforms and those using them. Even
Indian regulators and politicians are now well aware of the realities
of social media platforms and they do not talk about regulations of
social media in absolute terms.
For instance, the Union External Affairs Minister
Salman Khurshid has lauded the effectiveness of social media and
reminded that the freedom that comes out of using it needs to be
regulated. Thus, social
media laws in India are needed to regulate use of social media in
India.
Social media regulation requirements also originate
as technology has the capability to put every citizen on equal
footing to the Indian government. People can raise their voices and
give their opinion on even the most politically sensitive issues that
was not possible in the case of traditional media.
At Perry4Law
Organisation and Perry4Law’s
Techno Legal Base (PTLB) we believe that social media websites
cannot be used to incite crimes or defame others. They also cannot be
used to propagate pornography or stalking the victims. In other
words, social media websites are legal so long they comply with the
laws of the land.
Perry4Law and PTLB also believe that a balance
between freedom and regulation of social media must be maintained by
Indian government. Giving priority to one over another would not be a
sound strategy.
Dedicated social
networking laws in India may be needed in the near future. While
framework
and guidelines for use of social media for government organisations
is in place there is no such framework for citizens of India.
