Tag: #SOCIALMEDIA

Introduction

The advancement in the mode of communication has made human life very easy. Earlier the modes of communication available were very time-consuming and less efficient. In today’s world with the advancement of technology, communication has become very easy and a speedy process. The whole world is now turned into a small village considering the fact that the internet has made access to anyone and anything very simple. Social media is one such platform where people are connected. The term social media is related to computer-based technology facilitating the sharing of ideas, thoughts, and information through various virtual platforms. Social media is internet-based and provides users with the quick electronic communication of content, such as personal information, documents, videos, and photos. More than 4.5 billion people use social media, as of October 2021. Social media has paved the direction of how society thinks. It has become a platform for the dissemination of truth as well as lies. When everything is affected by the social media justice system and judges are no exception to it.

Independence of Judges

Judiciary being the 3^rd organ of the government, it is important that it is independent of any influence from the other two organs of the government or people in general. The term is normative in a sense as it provides what courts and judges ought to possess. The independence of the judiciary is important to save the general public from any unjust treatment. The concept of independence of judges has come from England’s Act of Settlement. Independence of the judiciary is important in a country like India owing to the diversity of the population residing in India. Provisions in judiciary securing the independence of Judiciary:

• Security of tenure. (Art.124(2))
• Salary and allowances.
• Power to punish for its contempt. (Art.129 in Supreme Court, Art.215 in High Court)
• Separation of judiciary from the executive. (Article 50)
• No practice after retirement.

With great powers of the judiciary comes great responsibilities upon the judges.  Indian Judiciary in the Chief Justices’ Conference, 1999 laid down several principles and these were accepted by all the High Courts.  Justice must not only be done but it must also be seen to be done. The working members of the higher judiciary must sustain and reaffirm the people’s faith in the impartiality of the judiciary. Keeping this in mind Judge of the Supreme Court or a High Court, in any capacity whether official or personal capacity, erodes the credibility of the Indian justice system has to be avoided. A Judge should not participate in the election to any office of a Club, society or other association; further, he shall hold elective office only in a society or association which is related to the law. Close association with those who practice in the same court shall be avoided. A Judge should not permit any member of his immediate family if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.

No member of his family, who is a member of the Bar, shall share the same residence with him or use any other facilities provided to judge for professional work. A Judge shall avoid hearing and deciding a matter in which a member of his family, a close relation or a friend is concerned. A Judge shall be extra vigilant while entering into public debate or expressing his views in public on political matters or on matters that are pending or are likely to arise for judicial determination. He must avoid situations where he has to give interviews to the media. A Judge shall not accept gifts or hospitality from anyone other than his family, close relations and friends. A Judge should not engage directly or indirectly in trade or business (Publication of a legal or any activity in the nature of a hobby shall not be construed as trade or business).

A Judge must not engage himself in contributions or raising of any fund for any purpose. A Judge should not seek any extra financial benefit in the form of a privilege because of his office unless it is clearly available. Any doubt arising in this context must be resolved and clarified through the Chief Justice. Every Judge must always keep this thing in mind that they are always subjected to the public gaze owning to this fact they must act or omit in a manner that does not result in depreciating the reputation attached to the occupation. The Preamble of the Bangalore Principles of Judicial Conduct, 2002, laid down the principles that are intended to establish standards for the ethical conduct of judges. These guidelines put forward guidance to judges and regulate judicial conduct. The main aim of the principles is to assist members of the other two organs of the government along with the general public to support the judicial system in India.

Media Trials

Social media has become a platform that does not circulate facts but rather matters that can help them gain TRP. Protracted debates and discussions are held that are merely based on speculation, which hurts the rights of witnesses and the accused. The Freedom of speech and expression that is provided under the Article 19(1)(a) has been misused again and again. The criminal jurisprudence followed in India is based on the theory that any accused cannot be held guilty until his guilt is not proven in a court of law. Social media circulates views that may or may not be true about both the victims and the accused.  

The media does not consider the principle that governs trials in India which is “Guilty beyond reasonable doubt” and “Innocent until proven guilty”. It puts a burden on the trial courts which have the duty to minimize the effects of prejudicial publicity. Continuous remarks from such social media platforms can force judges to take decisions in the favour of the media rather than what is actually demanded in the case. Recently we saw in the Nupur Sharma case the bench comprising Justice Surya Kant and Justice Pardiwala during the hearing of the writ petition being filed made oral remarks which led to many personal attacks on the judges. Sometimes the general public fails to understand the questions asked in the courtroom are conscientiously for fulfilling the requirements of the law. Media can only circulate the words of the judges without knowing the contexts for the same which impacts the private lives of the judges.

Impact of social media

Judges are also normal citizens of the country and like any other citizen of a country they are also free to use social media but they must bear in mind that their active participation requires careful consideration. Judges must comply with the legal and ethical ramifications keeping in mind the nature of their profession. Positive aspect of social media is that it brings closeness, and openness in the society but at the same time any posts of judges are subjected to misrepresentation or misinterpretation of the content posted by them, or even led to cyberbullying and threats to privacy and safety. In 2011, the International Bar Association Legal Policy & Research Unit (IBA LPRU), conducted a global survey to consider the impact of Online Social Networking (OSN) on the legal profession.  

The survey conducted to measure the impact of OSN on the legal profession revealed that judge use of social media raised specific concerns, 40% responded that judges’ use of OSN negatively affected public confidence in the justice system and undermined judicial independence. People have access to the words said by judges by most of them lack the knowledge of the law and they fail to interpret the actual meaning behind the rationale given by judges. Support for judicial use of social media is made apparent by Union Law Minister Ravi Shankar Prasad.

He supports the idea of social media platforms involving in spreading of thoughts, views and knowledge. Judges must be given complete independence to give judgment as to what they decide keeping in mind the rule of law. Media -trials have become commonplace in India. Before a case is decided in a court of law people already have passed their judgment about the matter about which they have no idea. Judges must keep in mind how they are portraying themselves on social media. They must not give any comments regarding the case they are hearing in court. In 2014, IBA’s Legal Policy and Research Unit (LPRU) published its International Principles on Social Media Conduct for the Legal Profession. Pros and cons of the use of social media and guidance regarding judicial conduct and ethics are given in this research.

There is a need to regulate the disclosure of judicial proceedings because those who do not have the knowledge of law forget the fact that law has no space for sentiments. Judgments are passed keeping in mind all the legal aspects and there are meager chances that the judgment can be biased. Criticizing any judgment on legal grounds is acceptable in a democracy but criticizing judges and giving them personal remarks accounts for defamation. Maintaining their oath of allegiance to the Constitution of India, and sustaining the dignity of the office they hold, Judges have to turn deaf to any criticism. In the Global Programme for the Implementation of the Doha Declaration, it was discussed that in order to bridge the gap between a fair comments on any judgment and personal comments on judges there is a need for education, training and recommendations on how social media can affect its users.

Conclusion

Judiciary is a body responsible for adjudicating law. It has the power that provides justice to the victims. For the proper functioning of the judiciary, it is important that it does not have an undue influence on anyone. Its proper functioning is important to maintain harmony in society. Judges are social workers and any judgment passed by them is based on as per the rule established in law and with due deliberations. Their judgments must not be made a tool to attack them personally, as it is against the justice system.

References

1. www.investopedia.com › terms › s “Social Media: Definition, Effects, and List of Top Apps” -…Accessed on 13 September, 2022
2. Data Reportal. “Global Social Media Stats October 2021”Accessed on 13 September, 2022
3. www.royal.uk › act-settlement-0The Act of Settlement | The Royal Family
4. www.barandbench.com › columns › social-media-and-the Social Media and the Judiciary – Bar and Bench

This article is written by Rishita Vekta, B.A.LLB(H) 2nd Year, from Lloyd Law College, Greater Noida U.P.

INTRODUCTION

Behind today’s Democratic Secular Republic Socialist Sovereign India lies a ton of tumultuous happenings which includes the unification of around 565 princely states and the war between two neighboring countries. The credit for the present date India goes to the nation’s freedom fighters like Sardar Vallabhbhai Patel, Jawaharlal Nehru, and Mahatma Gandhi among many others. A committee headed by B.R Ambedkar drafted the constitution and adopted the same on 26^th November 1949 establishing democracy in India. Indian democracy is a government that is elected by the public of the country to regulate law and order in society and the government is answerable to the general public regarding its action. The Indian government is based on a parliamentary system i.e., the House of Representatives (Rajya Sabha) and House of People (Lok Sabha).

The democracy of India rests on four pillars— Legislature; Executive; Judiciary; and Media. In a democracy, citizens enjoy certain freedoms like professing any religion, practicing any profession, residing throughout any territory of India, forming associations, speech and expression, to assemble in any part of India subject to reasonable restriction. Similarly, internet freedom comes into play to protect one’s digital rights, right to access to information, and freedom from censorship on the internet. Indian government must uphold the rights and freedoms provided to citizens with changing times to ensure democracy in Indian society. Nowadays, Internet Democracy or Digital Democracy (E-Democracy) is used for governance which assures effective participation, equality of decision, clarity of issue, and cyber security issues. As youth believes, the internet is a primary source for any event and its easy accessibility and authenticity make it gain influence over the traditional resources. The minimal issues can be reduced by collective decision and problem-solving, resultantly helping the democracy to work efficiently and smoothly.

FREEDOM OF INTERNET

United Nations of Human Rights Council declared Freedom of the Internet as a human right in the year 2012. Especially an addition was made by the UN in the Universal Declaration of Human Rights Article 19 that everyone has a right to express his/her views on any issue going around via any social media platform disregarding any borderline among nations. Section 32 states the protection and promotion of human rights on the internet. The freedom that one enjoys offline must also be able to enjoy the same freedom online.

In the case of Faheema Shirin v. the State of Kerala,¹ high court concluded that the right to the internet is a part of a fundamental right. It is covered under Article 19 as well as 21 as it constitutes an essential part of one’s life with changing times. It was argued that if one was given the fundamental right to enjoy something, one must also have enough means to fulfill its purpose too. Bansashree Gogoi v. Union of India² reveals how an infinite number of petitions were filed in Guwahati High Court against the internet shutdown in Assam. The court opined the order to be lifted due to inconveniences faced by people in their day-to-day life.

The most recent incident of internet shutdown and mobile connectivity in Jammu and Kashmir in order to ensure security in the state also attracted a dispute. The action of the Home Department of Jammu and Kashmir was challenged by Anuradha Bhasin³ on grounds that no reasons were given while passing orders as required. Further, the order passed was based on agitation that the law and order situation would be damaged. The court believed that the state government has no right to pass any order based on its agitation regarding the maintenance of law and order. The government has pledged to be transparent and answerable to the public, therefore, making it an individual’s right to know. While concluding the case Hon’ble Supreme Court quoted that “Prohibition to the internet is a fundamental right but subjected to certain restrictions.”

The government had shut down internet services in the union territory and when resumed, only 2G services were supplied that led to a lot of hassle as most of the work was being done online due to COVID-19. The court took notice of it and asked the government to form a committee to cater to the situation that would also make regulations keeping in mind the needs of petitioners⁴.

Freedom House was established in the year 1941 and stationed in New York. It’s a governmental organization that aims the promotion of democracy throughout countries of the world. It issues an index showing the freedom of the internet among countries of the world. Iceland (96) topped the list whereas China (10) was at last. Speaking of India, it got a score of 49 out of 100 keeping in mind three indicators i.e., obstacles to accessing the internet, limits provided for content, and violations of user’s rights. India’s rank has been falling for the last two years and yet it has shown no improvement at all.

SOCIAL MEDIA

Social Media is a platform used by people to share their ideas, opinions, suggestions, and information about anything ensuring active participation in decision-making and other issues revolving around the interest of the general public. Social Media was formed to connect people from one person to another in two different corners of the world but with the advancement of technology, the business industry started using it as a medium to reach out to their customers.

In the present-day context, there are over 5.8 billion people around the world using internet facilities. With the existence of COVID-19, the number of users is only going to increase due to the maximum work being done online. Social media gives easy access to information, holding the reasons and answerability of leaders in check regarding issues arising in society. However, everything has its drawbacks; non-regulation of the system leads to the spread of bogus news, targeting minor castes or religions, and resultantly dampens democratic principles.  

Traditional Media and Social Media are two different sources that provide us with information about events that took place around the world. Traditional Media is about the news read in a newspaper or shown on T.V or listened to on the radio with the approval of an editor. On Social Media, the content is shared by any user of apps like YouTube, Twitter, or Facebook which he/she deems fit. Traditional Media offers one-way communication and no interaction among its users whereas new media is a two-way communication that allows the interaction between publisher and user. The internet and social media provide people with social networking and a range of opportunities that help in developing the social skills of youngsters.

SOCIAL MEDIA AND THE INTERNET ENSURE DEMOCRACY

With access to usage of the internet and platform to share ideas, opinions, and suggestions one can use his/her fundamental rights effectively and efficiently. Indian Constitution giving citizens the Right to the Internet under two different fundamental rights itself says a lot about the importance of the internet in the modern world. Article 19 provides Freedom of Speech and Expression to ensure there’s no hindrance to this right, therefore, the government must ensure the means to express the views, suggestions, and ideas must be given by the presence of social media and access to the internet as social media is an internet-based platform. Article 21 provides for the Right to Life and Personal Liberty ensuring the usage of the internet is important for one’s day-to-day life, the internet services, and their speed must meet the level so that no issues arise.

The presence of social media and the internet has two aspects related to the democracy of India— It provides assurance to the general public that their voice is being heard and government can also provide clarity of policy and reasons behind their actions. Discussion among people can easily help with problem-solving, the flow of information about elections, and assets and liabilities of candidates. It allows people to share their opinions but conflicting opinions can lead to hate comments or massive trolling. During elections, candidates may give speeches related to ethnic origin or caste, or religion for vote bank from that particular minority. To limit the spread of bogus information, social media platforms must be held liable for the contents posted on their sites and the government should also form new laws keeping in mind the problems that arise with the usage of the internet and social media.

CONCLUSION

Social media and usage of the internet are important to one’s life but excess of anything is harmful. Therefore, the freedom given must be with reasonable restrictions. Censorship is one of the main solutions to the problem of the spread of bogus news, anything that violates principles mentioned in the preamble, and many other issues. Yet, people are still divided on the issue of censorship. Some people support censorship as it restricts unlawful behavior, censoring influential content can help in the prevention of publicizing content that may be offensive. Whereas censoring content may also violate privacy, it may restrict the content that other people may not deem offensive or the uncensored content may be inappropriate. It may lead to a loss of originality in one’s content.

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CITATIONS

¹ WP (C) No. 19716 of 2019 (L).

²  2019 SCC OnLine Gau 5584.

³ Anuradha Bhasin v Union of India, AIR 2020 SC 1308.

⁴ Foundation for Media Professionals v. Union territory of Jammu and Kashmir (2020) SCC online SC 453.

This article is written by Simran Gulia, a BA.LLB student from Maharaja Agrasen Institute of Management Studies.

The Delhi High Court has restricted TRACTOR2TWITTER, claiming itself to be an internet network of individuals inquisitive about Farmers Protests, from making defamatory posts towards information channel AajTak on its social media accounts, after forming a prima facie opinion that the alleged posts uploaded with the aid of using it have been defamatory that used objectionable and abusive language.

In the period in-between order surpassed through the single bench comprising of Justice Rekha Palli, the Court determined thus: “Having perused the numerous tweets that have been posted through Defendant Nos.1 to a few in addition to the posts of Defendant No. 1 on its Facebook page, Instagram account, and respectable Telegram channel, I am of the prima facie opinion that they include wild allegations, are defamatory and use objectionable and abusive language in opposition to the plaintiff, its Aaj Tak new channel and its personnel. Such a marketing campaign in opposition to the Plaintiff, its ‘Aaj Tak’ information channel and its personnel may be extraordinarily destructive to their recognition and additionally, purpose private harm to them.”

Advocate Baruah acting for AajTak submitted earlier than the Court that TRACTOR2TWITTER had on thirtieth May 2021 launched seven posters on its legitimate Telegram Channel containing the channel’s emblem thereby calling it anti-farmer, venomous, toxic, communal.

Considering the “destructive nature” of the tweets and posts relied upon via way of means of the plaintiff channel, the Court discovered that there’s a prima facie case made out in favor of it “The plaintiff, a well-mounted media company, its ‘AajTak’ information channel, and their personnel could go through irreparable damage to their popularity if no intervening time safety is granted to them immediately. Consequently, this Court reveals it healthy to supply an intervening time injunction in favor of the plaintiff and opposition to the defendants in phrases of prayer (a) of the software beneath neath Order XXXIX Rules 1 and a couple of CPC.”. The court ordered.

Moreover, the Court additionally directed Twitter, Facebook, and Telegram to put off or take down the defamatory posts/articles/all content material bearing on the News Channel and block the URLs/internet hyperlinks as relied upon with the aid of using it.

-Report by Manaswa Sharma

This article is written by Shrey Hasija, a first-year law student at Vivekananda Institute of Professional Studies, GGSIPU, and Swagata Sharma, a second-year law student at National Education Foundation Law College. This article is an overview of  New IT Rules 2021 and why it is controversial.

INTRODUCTION

New Information Technology Rules also known as New IT Rules 2021, introduced by the Ministry of Electronics and Information is secondary legislation that subdues India’s Intermediary Guidelines Rules 2011. On February 25th, 2021, the Government has notified about the IT rules giving social media platforms 3 months to comply.  According to the new rules, all the Social Media handles require to remove unlawful content uploaded in the said social media platform within the time frame provided by a court order or a notice by a government agency. Also, it is now clearly stated that Social Media platforms need to follow the Constitution and Laws of India. They have also introduced Grievance Redressal for the user and appoint a Resident Grievance Officer[i], Chief complying officer, and nodal contact person in their companies.

Reason Behind the Introduction of New Rules

Recent times have witnessed an increase in usages of the digital platform, here the most concerning part about the increase of criminals and anti-national elements through misuse of social media like scams, frauds, cheating, harassment, etc. Another most highlighted issue is related to the OTT platform. Like we always know everything has both positive and negative[ii] sides it is also almost the same in the case of them, many matured content or defamatory content are now witnessed on live streaming which has marked a very negative impact on society. So Ministry of Electronics and Information has to take this step to maintain the positive impact of social media or OTT platforms and decrease the adverse effect.

Benefits of New Regulation

•   It will lessen the responsibility by reducing from being necessary to be best to achieve the goal.
•   It will reduce the scope of unlawful content.
•  It will help in solving the problems faced by the public such as scams, defamation, harassment, etc.
• It will help the Government to monitor International criminals, offenders (who were living among us) and capture them by encrypting their details.[iii]

Highlights of New Regulation

• If any person receives a court order from a government agency for their content, they must remove the content from the said social media within the time frame of 36 hours.
• A grievance officer will be appointed to resolve the complaints within 15 days.
• Companies will have to barred or remove any sexual act.
• As soon as the Originator of any unlawful content will be identified he/she will be considered to be anti-national.
• Social media companies have to set up a grievance redressal mechanism for users/victims.
• Earlier, if anyone wants to take down any content of social media. He/she has to lodge an F.I.R to Cyber Security Cell and only after then, the content will be taken down. But now, if any individual wants to take any content down that defame or slander him in any way. Can directly address to grievance redressal mechanism of that particular social media and his request will be solved.
• The social media intermediaries have to do due diligence and if the due diligence is not followed then Safe Harbor Provisions will not apply to them. The safe harbor provisions have been defined under Section 79 of the IT act and protect social media intermediaries by giving them immunity from legal prosecution for any content posted on the platforms [iv]

Why WhatsApp has Sued the Government of India?

Facebook-owned WhatsApp has filed a case in Delhi High Court against the government of India, seeking to block the new Information Technology rules that came into effect on 25 May 2021. According to them, the new rule requires certain social media intermediaries like WhatsApp to trace the origin of the particular message. Also, WhatsApp claimed that requiring the message to ‘trace’ is at par with keeping a fingerprint on every single message sent through their messenger. Which would violate end-to-end encryption[v] offered by them. In which they encrypt every message and call in such a way that even WhatsApp cannot track any messages or the originator of it. WhatsApp in its case also highlighted that ending the encryption mechanism will be unconstitutional and against the people’s fundamental right (Right to Privacy) under case Justice K S Puttaswamy vs Union of India[vi]. 

What Government has to say About These Allegations

On 29^th May, the minister of electronics and information and technology[vii] has clarified the stance of traceability of messages on various social media platforms that have emerged as a lightning rod in the ongoing tussle over the new IT rules. He has given various statements:

• Social media intermediaries such as WhatsApp will be required to disclose the origin of the particular message only in severe cases to help the government of India to prevent and investigate the various event that will be a threat to national security.
• India is ensuring the right to privacy to every citizen but at the same time, it is also the responsibility of the government to maintain law and order and to ensure national security.
• The entire debate on whether the WhatsApp encryption would be maintained or not. he said the right to privacy is ensured via encryption mechanism or by other technology but the right to privacy should be maintained. He also said social media intermediaries to find a technical solution to make both ways happen.

Conclusion

The IT Rules 2021, have the potential to fundamentally change how the internet is used by billions of users across India. Many of the changes are the same as the draft named as Chinese model of online surveillance and censorship but there is also some noticeable improvement that has been taken without public deliberation. In some aspects, it becomes a worse and unconstitutional proposed extension of executive power to regulate online news media and video streaming platforms. The need for regulation is maybe constitutional and advances fundamental rights but this approach has the potential of chilling the voices and hurting the privacy of Indian people.[viii]

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[i] https://www.drishtiias.com/daily-updates/daily-news-analysis/new-it-rules-2021

[ii] https://blog.ipleaders.in/impact-it-rules-2021-live-streaming-content-social-media/amp/

[iii] https://community.nasscom.in/communities/policy-advocacy/policy-brief-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021.html

[iv]https://www.meity.gov.in/writereaddata/files/Intermediary_Guidelines_and_Digital_Media_Ethics_Code_Rules-2021.pdf

[v] https://indianexpress.com/article/technology/tech-news-technology/whatsapp-moves-delhi-high-court-over-traceability-clause-social-media-rules-7330558/

[vi] (2017) 10 SCC 1

[vii] https://www.thehindu.com/news/national/union-minister-ravi-shankar-prasad-interview-with-the-hindu/article34743824.ece

[viii] https://thewire.in/tech/explainer-how-the-new-it-rules-take-away-our-digital-rights

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