Social Media Synopsis
Social Media Synopsis
ABSTRACT:
Despite the growing trend of societal disclosure of personal information, there is a prevailing
anticipation of privacy. There exists a common belief, if occasionally misguided, among
individuals that they possess the ability to exercise control over their personal information
that is made available to the public, primarily by determining the entities that can obtain
access to that information and dictating the manner in which it is utilised. Defining the idea
of privacy poses significant difficulties due to its pervasive nature, as it encompasses various
dimensions of individual and societal realms to varying extents.
“Without freedom of speech the appeal to reason which is basis of democracy can’t be
made”.
In recent years, a number of prominent events in both domestic and international contexts
have reignited discussions about the extensive regulation of social media platforms, often
known as cyberspace, in relation to the principles of freedom of speech and expression. The
significance of this argument has increased due to the occurrence of a pandemic in 2019 and
2020, during which social media platforms served as the primary means of maintaining social
connections. During this decade, social media platforms were used in many ways across a
wide range of applications. The use of this approach was employed in a constructive manner
to provide assistance and support to those experiencing hardship and adversity.
Simultaneously, these platforms were also used for illicit operations such as identity theft and
many sorts of financial crimes.
It is evident that the internet has significantly altered the manner in which individuals get
news, engage in commercial activities, communicate, socialise, and connect with public
figures. Numerous authoritarian regimes have used diverse measures to censor, surveil, or
otherwise restrict the freedom of expression on the internet due to apprehensions over the
potential of emerging technology to incite political transformation. demonstrate the influence
of the internet, encompassing cyberspace and social media platforms, during the recent
Loksabha elections in our nation, as well as the Assembly elections in Delhi and Bihar.
Various prominent political parties such as Congress, BJP, and BSP, along with independent
candidates like Mallika Sarabhai, effectively utilised cyberspace and social media to engage
with the electorate.
Alternatively, it might be argued that social media platforms such as Twitter, Facebook, and
WhatsApp have significantly influenced political campaigns. The significance of social
media in politics is readily apparent, as seen by the establishment of IT cells by almost every
political party. These cells are responsible for the promotion and advertising of their
respective parties on various social media platforms. The purpose of these efforts is to engage
young people in the political process, recognising their potential to influence the course of
events.
1
Jennings Ivor, Cabinet Government, 3rd Edn. 1969, Cambridge University Press.
In November 2012, an individual was apprehended due to a post made on her Facebook
profile, wherein she expressed inquiry over the reasons behind the city’s immobilisation
subsequent to the demise of Shiv Sena leader Bal Thackery. The post she shared, word for
word, read as follows: “Respectfully, on a daily basis, numerous individuals pass away, yet
the global community continues to progress.” The passing of a single politician due to natural
causes has incited widespread public hysteria. It is imperative to acknowledge that our
resilience is a product of external circumstances rather than a voluntary decision. When was
the most recent instance in which individuals demonstrated reverence or observed a two-
minute period of silence in honour of Shaheed Bhagat Singh, Azad, Sukhdev, or any other
individuals whose contributions have granted us the privilege of being free citizens of India?
The acquisition of respect is contingent upon the demonstration of deserving qualities, rather
than being imposed or coerced. Today, the city of Mumbai experiences a cessation of
activities primarily driven by apprehension rather than reverence. One of her acquaintances
who expressed approval of the post was also apprehended. Considerable public outcry ensued
subsequent to the apprehension of the individuals in question, and subsequently, the court
dismissed charges against two female individuals.2
The recent communal disturbance in Baduria, located in the state of West Bengal, serves as a
poignant reminder of the role played by social media as a catalyst for social unrest. The
occurrence of the riot in July 2017 can be attributed to a post deemed as “blasphemous” on
the social media platform Facebook. This post, created by a 17-year-old male, ultimately
resulted in the unfortunate loss of one life and caused injuries to 25 individuals, including 20
members of the police force. The enraged crowd set fire to around 12 police vehicles and
engaged in acts of looting and vandalism against other residences within the vicinity.3
The first instance pertains to the curtailment of an individual’s freedom of speech and
expression on social media, while the second incident highlights the abuse of this right. In
contemporary society, the realm of social media encompasses two distinct and contrasting
ends of the spectrum. It is imperative to establish equilibrium between these two factors. The
2
Ram Parmar, 21-Year Old Girl Held for Facebook Post Questioning Mumbai’s Bal Thackeray Shutdown,
The Times of India, 20th November 2012,
https://m.timesofindia.com/india/21-year-old-girl-held-for-facebook-post-questioning-mumbais-balthackeray-
shutdown/articleshow/17276979.cms
3
Madhuparna Das, Social Media Posts Trigger Seven Communal Riots in a Month in West Bengal, The
Economic Times, 8th July 2017,
https://m.economictimes.com/news/politics-and-nation/social-media-posts-trigger-seven-communalriots-in-a-
month-in-west-bengal/amp_articleshow/59496771.cms#aoh=16292670881130&referrer=
https%3A%2F%2Fround-lake.dustinice.workers.dev%3A443%2Fhttps%2Fwww.google.com&_tf=Form%20%251%24s
current imperative is in the establishment of well-crafted legislation that effectively governs
social media platforms, while also safeguarding the fundamental principles of freedom of
speech and expression.
However, like every other phenomenon, social media has both advantages and downsides.
Unsurprisingly, several similarities have been selectively made between the incidents in order
to construct arguments both in favour of and against each perspective within the discussion.
This has sparked a discourse in the international sphere over whether social media sites
should be subject to regulation or remain unregulated.
This issue primarily concerns the need of regulating and censoring the content that
individuals upload on social media platforms and the material that children are exposed to via
television broadcasts. Another question that emerges is whether the right to freedom of
speech and expression is inherently absolute in nature.
The question at hand is to the need of implementing legal censorship measures in order to
address the potential abuse of social media platforms.
This study aims to comprehensively examine the many concerns and challenges associated
with cyberspace and social media, while also seeking to gain insights into the necessary
measures required to address the abuse of social media, such as regulation or censorship.
Simultaneously, this endeavour seeks to comprehend the correlation among social media,
freedom of speech and expression, and democracy inside the epoch of Artificial Intelligence.
This paper will examine the current state of social media platforms in terms of their policies
and practices related to freedom of speech and expression, as well as data privacy. It will
explore the existing legal frameworks and regulations governing social media, focusing on
freedom of speech protections and data privacy laws. It will also try to collect real time data
by Conducting surveys, interviews, or case studies to understand how users perceive and
experience freedom of speech and data privacy on social media. Explore any instances where
these rights have been violated or compromised. The paper also includes the role of social
media in democratic discourse and political participation. Assess how the balance between
freedom of speech and expression and data privacy influences public discourse and civic
engagement. Identify and document challenges and concerns related to social media, such as
the potential misuse of user data, the spread of misinformation, and censorship issues. It will
also include suggestions for policy changes, technological innovations, or educational
initiatives.
RESEARCH QUESTION(S)
1. Whether the existing laws are adequate to tackle the ever evolving impact of social
media on freedom of speech and expression?
This requires an exploration to determine whether the existing laws are enough to control this
dynamic impact of freedom of speech with the use of social media. The research analyses the
efficacy and malleability of the prevailing legal framework in accommodating challenges
posed by social media platforms, given that online communication continues to change.
Through cases and legal precedents, it will evaluate the extent to which existing laws
navigate the complexities of the digital ages to ensure preservation of freedom of speech and
the right of expression.
2. Whether the regulatory bodies of India like News Broadcasting Standards Authority
are adequate to control telecast trough internet?
This research question points out the efficacy of regulatory bodies like the News
Broadcasting Standards Authority in watching over the contents telecast through internet
within India. Based on this premise, the regulatory environment aids in identifying the
adequacy of these bodies on maintaining standards and managing the challenges that are
associated with internet telecast. Whether such bodies are equipped and authorized
significantly enough to regulate and censor online broadcasts focusing upon their control,
enforcement machinery but the capability of adaptation in the digital domain shall be
identified in this research.
3. Whether social media platforms can adopt measures to enhance user awareness and
control over personal data while respecting freedom of speech principles, and how
users respond to these measures?
Another research question that this dissertation purports to answer is whether any measures
can be taken to empower the users whilst keeping a tab on the principles of freedom of the
speech on social media platforms in India. The author evaluates prospective measures that the
platforms might take to improve user awareness and controls of personal data, according to
the overlap between user privacy, freedom of speech, and social media. Moreover, the
research will attempt to obtain the subjective perceptions and responses of the users towards
such measures based upon user satisfaction, trust, as well as striking a balance between data
privacy and individual’s freedom of expression in an online environment.
The research question deals with impact of content removal or account suspension on Indian
social media platforms and asks questions related to possible abridgment of freedom of
speech and expression. It investigates the nature of those occurrences, their reasons as well as
frequency. The research explores perceptions by the public on such actions, whether these
instances are regarded as measures necessary to sustain discipline online or threats to
freedom. It seeks to consider public reactions and hence will help understand the broader
implications of instituting content moderation practices on freedom of speech in the Indian
social media scape.
RESEARCH DESING/CHAPTERISATION
1. INTRODUCTION
Chapter 1 of this thesis documents the intricate nexus of social media, freedom of speech, and
Indian cyber law. It begins with a prologue, documents historical background of the study,
research problem, and study relevance. The paper outlines the objectives of the study, the
hypotheses and subsequently the research questions leading to a description of the
methodology applied in the study. It defines key terms including cyberspace, social media
and freedom of speech. The chapter in detail delves into Section 66A of Information
Technology Act, discusses the ‘Tandav’ web series controversy and also deals with the
admissibility of WhatsApp chats as evidence. It lays foundation for a deep study on how the
legal frameworks, technological development and freedom of expression have come together
in the Indian context.
This chapter provides an elaborated explanation, description, and delimitation of the topic
Freedom of Speech and Expression in the Age of Social Media. Before taking freedom of
speech and expression further for explanation, a peep into meaning and historical context of
its origin is being provided as an introductory part. International perspectives are taken into
account from the U.S.A, the U.K, and China. The chapter discusses freedom of speech and
expression as constitutionally framed in India - to spell out its ambit. Thus, the account of this
right’s historical trajectory within the Indian context, and the main role played by the
judiciary is unpacked. The chapter concludes by scrutinizing to what extent contemporary
relevance attaches to the freedom of speech in the online domain, highlighting both the
Indian stance and the significant role of the internet with regards to upholding this
fundamental right.
Chapter 5 of the thesis focuses majorly on the varied digital topography of India’s digital
interactions. The chapter discusses the nation’s trajectory towards a Digital India with a focus
to enable the reader to build a basis for understanding how nations conceive the process of
digitalization. It then looks to the tremendous impact of social media dissecting its impact not
only in various aspects including social movement, politics and political dynamics, public
policy but also executive decision making and judiciary. The darker dimensions of social
media were also looked upon as examples where it could potentially be misused. Finally, the
chapter concludes by examining selected free speech theories of an academic way and
recognition of the right to the internet as a fundamental right. Moreover, analysing between
social media and COVID-19 pandemic.
The chapter seeks to investigate how the dynamics, nuances of user privacy of social media
platforms raise implications in platform practices. Methodologically, the chapter takes on
empirical research as a way of discerning the user perceptions and attitudes, alongside
experiences, regarding the concept of privacy in using social media. This chapter integrates
the legal analysis with empirical findings in order to present an understanding of the complex
relationship between the right to privacy and social networking sites. In this way, it adds an
important element in the ongoing discourse about digital privacy, underling the imperative
that platform policy making need to move in line with user expectations and increasingly
towards greater warning around legal consideration.
7. CONCLUSION
The conclusion brings together the multifaceted exploration of the detailed interplay between
digital platforms, freedom of speech, as well as data privacy. Taking the findings back, they
set forth a delicate balance needed in order to maneuver the ever-changing social media
landscape while protecting basic fundamental rights. It conclusively impresses on the need
for innovative regulatory frameworks that might be adaptive enough to overcome and deal
with the challenges posed by emerging technologies, in order to ensure a co-existence of
freedom of speech together with robust data privacy protections. It also calls for more user
awareness and empowerment in this, flagging transparency of policies within the platform.
Reemphasizing that it is a live space, this conclusion posts that continuous academic research
and malleable legal frameworks indeed go long ways in creating both safe as well liberal
digital realms.
RESEARCH METHODOLOGY
The present study is doctrinal in nature and the primary methodology involves an extensive
examination and analysis of existing legal doctrines, statutes, judicial precedents, and
scholarly writings related to the chosen subject matter. A comprehensive review of legal
literature, including statutes, case law, and academic commentary, will form the foundation
for understanding the legal principles governing the research area. The study will adopt a
systematic approach to doctrinal analysis, critically evaluating legal texts and identifying any
gaps, ambiguities, or inconsistencies in the legal framework. Additionally, to complement the
doctrinal analysis, a limited empirical component will be integrated. The combination of
rigorous doctrinal analysis and selective empirical illustration will contribute to a nuanced
and well-rounded exploration of the research topic.
RESEARCH GAP
Although the realization of social media, freedom of speech, and data privacy interaction in
relation to India appear prominent, the level of gap for understanding with nuances is large.
The previous studies were largely concerned with the legal frameworks and regulatory
bodies, mainly assessing the effectiveness of the regulating bodies to protect freedom of
expression as well as manipulation of the minds in cyberspace. This, however, leaves a dearth
of a research study exploring the on-ground impact of these incidences where the content is
pulled down and accounts get suspended on social media platforms for material based out of
India.
Moreover, there is little insight in the existing literature regarding the feasibility and user
responses to measures that will be aimed at enhancing users’ awareness and control over their
personal data while upholding the principles of freedom of speech on these platforms. The
research landscape is void of integrated analyses to understand how the public perceives such
incidents as well as views the curtailment of freedom of speech without an awareness towards
social, cultural, and legal dimensions.
Thus the identified research gap stipulates that more nuanced exploration is required which
delves deeper than the legal frameworks and into the regulatory structures. This calls for in-
depth examination of the user experiences, cultural context that intrudes to the online content
as well as changing tactics of social media to extricate the equation before linking freedom of
speech with data privacy in an Indian context. Filling this gap will add more to the existing
body of knowledge related to challenges and opportunities engulfed in the jigsaw puzzle
between social media, freedom of speech, and data privacy in the Indian digital landscape.
HYPOTHESIS
1. The existing laws in India about social media are scattered, these are neither uniform
nor having sufficient measures of control.
2. A sui juris law is required to be made to regulate all forms of media which is need of
the hour.
REVIEW OF LITERATURE
1. Balancing Privacy and Free Speech Unwanted Attention in the Age of Social
Media By Mark Tunick4
In the contemporary era characterised by the widespread use of smartphones, social media
platforms such as Facebook, and video-sharing platforms like YouTube, the concept of
privacy may appear to have become obsolete. This literary work delves at the ethical and
legal quandaries that emerge when media technologies are employed to bestow upon
individuals unwelcome attention. Mark Tunick examines the question of whether privacy
interests can outweigh society’s interest in free speech and access to information by analysing
several cases from the United States, United Kingdom, Australia, Europe, and other regions.
By adopting a comparative and interdisciplinary perspective and building upon the insights of
political theorist Jeremy Waldron about the concept of toleration, this book posits that there
remains a valid.
4
‘Balancing Privacy and Free Speech: Unwanted Attention in the Age of So’
<https://www.routledge.com/Balancing-Privacy-and-Free-Speech-Unwanted-Attention-in-the-Age-of-Social/
Tunick/p/book/9781138689756> accessed 01 November 2023.
5
Riemer, K., & Peter, S. (2021). Algorithmic audiencing: Why we need to rethink free speech on social media.
Journal of Information Technology, 36(4), 409-426. https://doi.org/10.1177/02683962211013358
Facebook is a modern agora, where public discourse takes happen. Thus, efforts for social
media control have raised concerns about free expression. Public discussion surrounds
content moderation, which some regard as censorship and others as vital to remove bad
content. In this piece, we claim that the current debate only addresses the speaking side of
speech and ignores how platforms have harmed audience free speech. Instead of
communicating to one’s followers, social media algorithms arrange speech to maximise user
engagement and targeted advertising marketability. Result: speaking audiences are now
decided algorithmically, called ‘algorithmic audiencing’. Previously unknown algorithmic
audiencing is proposed as a discovery. We demonstrate that it amplifies or suppresses speech
for economic advantage, distorting public conversation in new ways. Free speech issues shift
from ‘what can be said’ to ‘what will be heard’ and ‘by whom’ when black-boxed algorithms
dictate who we speak to. We must quickly problematize the audience side of communication
to comprehend and manage social media free speech. In Information Systems research,
algorithmic audiencing introduces new options.
3. Free Speech On Social Media: How To Protect Our Freedoms From Social
Media That Are Funded By Trade In Our Personal Data.6
The article critically examines the intersection of freedom of speech, personal data exchange
on social media, and its implications for individual liberties. Drawing on the historical
context of freedom of speech, the author contends that social media platforms, particularly
those sharing user data with advertisers and propagandists, compromise the essence of free
speech. The analysis highlights the potential erosion of personal liberties when entrusted data
is exploited to disseminate tailored information or disinformation, posing risks to democracy,
especially in electoral campaigns. The article emphasizes the urgent need for control
measures by both social media platforms and political entities engaging in targeted outreach.
Proposing legislative reform based on official UK government documents, the author
advocates for comprehensive measures to safeguard individual privacy and uphold the
principles of free speech in the evolving digital landscape.
The rights of freedom of expression and privacy are interconnected and mutually supportive,
particularly in the context of the digital era. Both education and democracy are fundamental
pillars of open and democratic societies, serving as necessary prerequisites for societal
advancement and the personal happiness of individuals. In order for democracy,
accountability, and good governance to flourish, it is imperative that the principles of
freedom of expression and opinion are duly acknowledged and safeguarded. The
aforementioned statement holds true for the right to privacy, as it serves as a significant
safeguard against the influence of both governmental and corporate entities in contemporary
society.
This article critically analyses the absence of regulatory measures governing social media
platforms, such as Facebook and My Space, and the resultant impact on the constitutional
liberties protected by the Fourth Amendment of the United States Constitution. This
statement posits that the act of implementing privacy options on social networking platforms
allows users to form a justifiable anticipation of privacy. The following examples are
presented to elucidate the adverse consequences and lack of efficacy associated with industry
self-regulation. This analysis delves into a pertinent case study to underscore the escalating
societal apprehensions that are being raised inside the legal framework. The analysis of
committee-report/> accessed 01 November 2023.
8
‘The Global Principles on Protection of Freedom of Expression and Privacy’ (ARTICLE 19, 9 March 2017)
<https://www.article19.org/resources/the-global-principles-on-protection-of-freedom-of-expression-and-
privacy/> accessed 01 November 2023.
9
Christopher F Spinelli, ‘Social Media: No “Friend” of Personal Privacy’ (2010)
<https://www.semanticscholar.org/paper/Social-Media%3A-No-%27Friend%27-of-Personal-Privacy-Spinelli/
107454beef99b9b5a9b028d22279046027619265> accessed 01 November 2023.
scholarly perspectives is thereafter undertaken to reevaluate privacy legislation, ensuring its
effective alignment with the dynamic nature of social media networks in the realm of
cyberspace.
This research attempts to examine the contemporary use of social media and its potential
benefits for electronic governance in governmental institutions. This paper examines the
possible challenges, particularly those concerning security and privacy, that hinder the
effective use of social media for e-governance. These challenges include the protection of
persons, workers, infrastructure, and data. This study analyses the proposed government
framework in India for integrating social media into the organisational structure. It also
evaluates the criteria pertaining to the selection of platforms, permission for participation on
behalf of government organisations, and the extent and scope of such engagement. This study
examines the rules in question and compares them to comparable recommendations
implemented in other countries. The comparison is made across several dimensions,
including employee access, account management, permissible usage, employee behaviour,
content, security, legal concerns, and citizen conduct. Additionally, the study evaluates the
strengths and weaknesses of the guidelines and identifies potential areas for future
development.
The article delves into the growing concern of social media privacy, focusing on Indian
millennials, the largest demographic of social media users, particularly on Facebook. The
central inquiry revolves around the perception of privacy among this group. Notably, the
study reveals that Indian millennials consider the sharing of certain personal information,
such as residential address, mobile number, product preferences, religious views, email
address, and favorite quotations, as a breach of privacy when shared with third-party vendors.
Surprisingly, aspects like relationship status, tagging, and orientation were not deemed as
significant privacy concerns. The study underscores the contextual and evolving nature of
millennials’ privacy perspectives. The implications for marketers are highlighted,
10
‘Social Media in E-Governance: A Study with Special Reference to India’ <https://www.scirp.org/html/1-
2680023_30781.htm> accessed 01 November 2023.
11
Neeraj Pandey and Bhargav Gudipudi, ‘Understanding “What Is Privacy” for Millennials on Facebook in
India’ (2018) <.
emphasizing the need for a nuanced understanding and ethical considerations when engaging
with this demographic on social media platforms.