Social media platform like facebook, twitter, WhatsApp etc. has become stronger than before thanks to rising popularity of smartphones and amazing data offers by the telecoms. But do we feel that we are relying too much on the social media platforms.
Recently a 15-day old baby requiring urgent surgery was shifted to a hospital from Mangalore to Cochin in span of 6hours whereas normal travelling time is nearly 11 hours. This was possible because of the support given by the public and news was spread through facebook and even facebook live was running to update the public about the places covered. This shows that social media can make positive impact but at the same time it is being misused also. On one side social media platform helped a family to save their child but on the other side, it is infringing on one’s freedom.
To put a control on this, the Information Act of 2000 was amended in 2009 and new section was introduced. Section 66 (A) was the new section added to Information Act
“Section 66(A) of IT Act criminalises the sending of offensive messages through a computer or other communication devices. Under this provision, any person who by means of a computer or communication device sends any information that is:grossly offensive;
- false and meant for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will;
- meant to deceive or mislead the recipient about the origin of such messages, etc, shall be punishable with imprisonment up to three years and with fine. “
But when a section was introduced, there was misuse of the law which again lead to arguments and debates on the validity of section 66.
A public interest litigation was filed in Supreme court challenging the provisions in Section 66 (A). The main point of argument was that Section 66 was against freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. In May 2013, the Supreme Court (in relation to the above PIL) also passed an order saying that such approval was necessary before any arrest is to be made. Since matters related to police and public order are dealt with by respective state governments, a Supreme Court order was required for these guidelines to be applicable across the nation. As per the news reports, supreme court has ruled against Section 66 in 2015 but the judgments are not available in the public domain.
When any new means of communication is coming into market, both good and bad things are bound to happen. Even though the makers of facebook or WhatsApp would not have the intend of using the platform for spreading false information but still there will be a set of people who use this platform for their personal interest. But one cannot neglect the positive impact it is making on society.
There is always thin line between the freedom of expression and regulation of it . But looking at a greater picture, it is better to have some regulation on the social media. The government must restate the section so that no one takes undue advantage of the law.
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Business Management 