SOCIAL MEDIA- A NEW MEDIA AND ITS IMPACT
“The more time you spend in India, the more you realize that this country is one of the world’s greatest wonders a miracle with a message. And the message is that democracy matters”.
India is one of such paradises on earth where you can speak your heart out without the fear of someone gunning you down for that, or, it has been until now. Article 19 of the Indian Constitution provides freedom of speech as the fundamental right embodied in part III. This Art. give fundamental right to every citizen to enjoy freedom of speech without hurting the other. Even if the situation of Indians is a lot better than that of their fellow citizens of other nations, the picture is not really soothing or mesmerizing for Indians any more. This observation is being made with regard to the exercise of the right of freedom of speech and expression in the context of social media. Social media in present world have become an important part of individual’s life. Almost all the people in the world are becoming part of social media even judges have also been influenced by this social media. This Social media sometime affect the judgement of court. Judge as a human being also use social media i.e. Facebook, Tweeter blog etc. Fundamental right to speech and expression has been hampered by the arbitrary use of the so called cyber laws of the nation, particularly Section 66A of the Information Technology Act, 2000. This section gives arbitrary power to police to arrest person by interpreting this section for their use. Because of this arbitrariness the section 66A of IT act is unconstitutional and should be stuck down by the court of law. Before delving into the issue in details, it is but desirable to first understand the concepts of social media and freedom of speech and expression.
Social media comprises primarily internet and mobile phone based tools for sharing and discussing information. It blends technology, telecommunications, and social interaction and provides a platform to communicate through words, pictures, films, and music. Social media includes web- based and mobile technologies used to turn communication into interactive dialogue. Andreas Kaplan and Michael Haenlein define social media as
“A group of internet -Based application that build on the ideological and technological foundation of Web 2.0, and allow the creation and exchange of user- Generated context.” “Web 2.0” refers to Internet platforms that allow for interactive participation by users. “User generated content” is the name for all of the ways in which people may use social media. FREEDOM OF SPEECH AND EXPRESSION
Freedom of speech and expression is broadly understood as the notion that every person has the natural right to freely express themselves through any media and frontier without outside interference, such as censorship, and without fear of reprisal, such as threats and persecutions. This is because freedom of expression is not absolute and carries with it special duties and responsibilities therefore it may be subject to certain restrictions provided by law. The following are some of the most commonly agreed upon definitions of freedom of expression that are considered as valid international standards: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”1 “Everyone shall have the right to hold opinions without interference. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.”2 Similarly, Article 19 (1) (a) of the Constitution of...
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