Cyber Crimes And Social Media Websites In India

Social media websites are popular places for building new relationships and contacts. However, social media websites are also becoming a place for cyber criminals to indulge in various cyber crimes. In fact, the share of offences related to social media websites among cyber crimes registered in India is showing an upward trend. Most of these cases are of posting defamatory or obscene matter or images on various social media websites.

For instance, Facebook users are experiencing attacks from hackers and morphed images having pornographic contents are being uploaded on Facebook accounts without the knowledge of actual users. Cases related to account hacking, morphed photographs and data laundering are very common these days.

Many crimes related to social networking sites involving personation, defamation and anti-national activities have been reported recently. Data collected by the National Crime Records Bureau shows that in cities like Bangalore, those between 30 and 45 years of age are involved more in cyber crimes than youngsters. The bureau records suggest that most cyber offences are for illegal gain, eve-teasing and harassment.

We have no dedicated social media laws in India although guidelines for social media contents monitoring in India may be prescribed. Although we have a cyber law in India in the form of information technology act 2000 (IT Act 2000) yet we have no dedicated social networking laws in India. The cyber law for social media in India needs to be strengthened further keeping in mind a balance between civil liberties and law enforcement requirements.

Human rights protection in cyberspace in India is also required to be considered by Indian government. Presently, protecting civil liberties protection in Indian cyberspace is not a priority for India and this is a serious problem.

For instance, till now we have no social media policy in India. Even we do not have dedicated social networking laws in India that can take care of the misuses of social platforms. However, the framework and guidelines for use of social media for government organisations has been recently suggested by department of information technology. Theses guidelines provide an Indian social media framework for governmental departments and organisations that employees of these organisations must follow.

Social media is considered to be an Internet intermediary as per Indian cyber law. The recent controversy of Internet censorship in India has once again reiterated the importance of effective social media laws in India.

Cyber law due diligence in India has become very stringent. This applies to various fields and to multiple stakeholders. For instance, cyber due diligence for banks in India is now a well known requirement for banks in India. However, Internet intermediaries are the most widely covered stakeholders in this regard. Intermediaries liability for cyber law due diligence in India is really tough and they must take it very seriously. Similarly, social media users must have basic level awareness about cyber laws and cyber crimes. Many of these cyber crimes can be prevented if public awareness about the same is spread in India.

Internet Intermediary Laws In India And Cyber Due Diligence

Cyber law due diligence in India has become very stringent. This applies to various fields and to multiple stakeholders. For instance, cyber due diligence for banks in India is now a well known requirement for banks in India. However, Internet intermediaries are the most widely covered stakeholders in this regard. Intermediaries liability for cyber law due diligence in India is really tough.

In absence of a clear cut Internet intermediary law in India, Indian government is indulging in Internet censorship in India. Stringent directions are frequently issued to Internet intermediaries under the rules of information technology act 2000. This occasionally results in censorship of Internet in India. Further, Indian government is now openly acknowledging surveillance of Internet traffic in India.

E-surveillance in India and surveillance of Internet traffic in India have increased to a considerable limit that now requires judicial scrutiny. Censorship of Internet in India should be challenged as soon as possible in the larger interests of Indian Internet users.

Recently Internet intermediaries in India have been asked to pre screen contents before they are posted on their websites. India wants companies like Google and Facebook to censor users’ contents before they are posted.

In fact, Yahoo has filed a petition raising the questions regarding the right to privacy of a company that stores sensitive data of its customers and users and to what extent authorities can coerce it to part with the information considered necessary to either track terror perpetrators or thwart future attacks.

The Google’s outcry for lack of Internet intermediary law in India is another example of growing dissatisfaction towards Indian cyber laws, especially Internet intermediary laws of India. Time has come for Indian government to address the issues of enacting sound and effective Internet intermediary laws in India and cyber due diligence requirements for internet intermediaries in India.