Need of strict laws to control Media and social Media

       Need of strict laws to control

           Media and social Media

"Freedom of press is a precious privilege that no country can forego". 

               _ Mahatma Gandhi

"The press is called the fourth estate. It is definitely a power, but to misuse that power is criminal". 

               _ Mahatma Gandhi 

         Nowadays, The Internet and social media have become a vital communication tools through which individual can exercise their right of freedom of expression and can also exchange information and ideas.

        Moreover, Article 19 of the UDHR and Article 19(2) of the ICCPR also provides for freedom of speech and expression, even in the case of internet and social media.               In this reference Article 19(1)(a) of Indian Constitution  also provides freedom of expression. 

         Therefore, it is vivid that freedom of speech and expression is recognised as a fundamental right in whatever medium, it is exercised under the Constitution of India and other international laws and Conventions

        So we can say that in the light of the growing use of internet and social media as medium of excercising this right and access to this medium has also been recognised as a Fundamental rights by the Competent authority of the law.

What is social media ? 

           Social media can be defined as any web or mobile based platforms that enables an individual or agency to communicate interactively and enables to exchange views between two and more than two persons. 

                That means social media is the platform in the form or websites and defferent types applications to allow people to share content quickly, efficiently and in real time.

Whether Trail by press/Media covered by Article 19 (1) (a) and (2) -

            In the State of Maharashtra v Rajendra J. Ghandhi (1997). 

Supreme court point out that there is procedure established by the law governing the conduct of trail of a person accused of an offence.

A trail by press, electronic media or public agitation is the very antithesis of rule of law. It can well  lead to miscarriage of justice. A judge has to guard himself agains any such pressure and is to be guided  strictly by rule of law. Therefore trail by press or medium not  covered by Article 19(1)(a) and (2).

Restrictions on freedom of speech and expression. 

           Since, the freedom of speech and expression menas the right to express one's convictions and opinions freely by word of mouth, writing, printing, pictures through electronic media or any other mode. 

           This right is a complex right  because it is not absolute right and carries with its special duties and responsibilities. Therefore, it may be subjected to certain restrictions provided by law.

             In this context,  in the case of A. K. Gopalan v state of Madrass (1950),  Mukherjee J. Observed that there can not be any such thing as absolute and uncontrolled liability wholly free from restraint from that would lead to anarchy and disorder. The possession and enjoyment of all rights are subjected to such reasonable conditions as may be deemed by the governing authority essential to the safety, helth, peace, general order and morals of community. Infact for the very protection of these rights the society must or itself with certain powers, what the constitution therefore attempts to do by declaring the right of the people is to strike a balance between individual liberty and social control. 

                   In this reference, Article 19(3) of the ICCPR imposed restrictions on the following grounds ..

1. For respect of the right of reputations of others.

2. For protection of national security or public order or public helth or morals. 

               In this reference, Article 19(2) of Indian Constitution further imposed resonable restrictions on the following grounds..

1. The security of the State

2. The sovereignty and integrity of India

3. Friendly relations with foreign States

4. Public order

5. Decency or morality

6. Contempt of court

7. Defamation

8. Incitement to an offence

IT act 2000

There are some provisions regarding it.

1. Section 65, 66, 66A, 66C, 66D, 66E, 66F, 67, 67A and 67B of IT act provide punishmentals for computer related offencs which can also be committed Media, tempering with computer etc. 

In this context section 69 of the IT act grants power to central or a state government to issue directions for interception or monitoring or decryption of any information through any computer resources in the interest of the sovereignty or integrity of India, defence of India security of the state friendly relations with foreign states, public order, for priventing incitement to commission of any cognizable offence for investigation of any offence.

2. Section 69A of IT act further provides power to the central govt. to issue directions to block public access of any information through any computer resources on similar grounds.

3. Section of IT act 69B further provides power to the central government to issue directions to authorise any agency to moniter and collect traffic data or information through any computer resources for cyber security.

4. Section 79 of IT act provides for liability of intermediary. An intermediary shall not be liable for any third party information, data or communication link made available or hosted by him.

 Conclusion

It is vivid that social media is a very powerful means of exercising one's freedom of speech and expression. However, it is also been increasingly used for illegal acts which has given forced to the government attempts at censoring social media. Where on the one hand the misuse of social media entails the need for legal censorship, on the other hand, there are legitimate fears of violation of civil rights of people as an inevitable consequences of censorship. 

Today, there is no dobut that we are living in the age of social media and indulged in it. Thus the present movement in the world is painful. Evenif, many other laws provides such rules and regulations, however, there is no specific legislation in India which deals with social Media. So need of strict laws to control media and social media is the need of hour. 

                                 _ Author_Vikas

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