In the new world order, there is no escape from the world of social media, which gives one the platform to share their opinions, stories, and experiences unabashedly. Platforms like X (formerly Twitter), Instagram, Facebook, and YouTube give people that freedom. While this empowerment is largely positive, it has also led to many problems like infringement of privacy, an increase in hate speech, sharing of lewd content, etc. People think that what one posts online is shielded by freedom of speech and expression and is beyond legal scrutiny. This is a myth; what one posts on social media can very much be the basis for a lawsuit in India.<\/p>\n
The Indian Constitution guarantees freedom of speech under Article 19<\/a>(1)(a), but this right is not absolute. Article 19(2) lays down reasonable restrictions on speech in the interest of public order, decency, and morality, which puts a check on this fundamental right. The rise of the internet and social media has expanded the scope for the abuse of these public interests, and hence, the need for regulation has become more urgent. A person\u2019s opinions or posts are protected under free speech, but if those posts are found to be defamatory, obscene, threatening, inciting violence or hatred, they can face legal scrutiny. Laws like the Indian Penal Code (IPC), the Information Technology Act, 2000<\/a>, and other special laws are created for legal action in such cases.<\/p>\n Defamation is a common ground for being sued based on online content. Under Section 499 of the IPC and Section 356 of BNS, defamation occurs when a person makes or publishes anything that harms another person\u2019s reputation. This includes online platforms. The punishment for it can extend up to two years in jail, a fine, or both. The courts in India have upheld that online defamation is no different from print or verbal defamation and must be made punishable. The Delhi High Court, for instance, held that online content can be subjected to judicial censorship if it proves to harm someone\u2019s reputation or public order and goes beyond the guidelines of morality and decency.<\/p>\n Similarly, under Section 67 of the IT Act, publishing or transmitting obscene material in electronic form can lead to imprisonment of up to three to five years. Additionally, Sections 292 and 294 of the IPC and Sections 294 and 296 in BNS deal with obscenity in public spaces, which include sharing or posting obscene content on social media, as well, according to courts, which is a punishable offence. This is particularly relevant for revenge porn, lewd content, and private photos being shared without consent, which many users post without realizing the legal gravity.<\/p>\n Section 153A of the IPC and Section 196 of BNS, promoting enmity on grounds of religion, race, caste, or language, is a punishable offence. The advent of social media posts that sometimes glorify communal violence and demean a particular community, or incite riots, makes it important to have arrests and trials for these postings for spreading communal hate. Trolling and cyberbullying are all a part of this unnecessary hate.<\/p>\n In the famous case Shreya Singhal v. Union of India (2015)<\/em>, the Supreme Court struck down Section 66A of the IT Act for being widely misused. But its counterpart Sections like 506 (criminal intimidation), 509 (insulting the modesty of a woman), and 354D (stalking, which includes cyberstalking) of the IPC can be applied in cases of online threats or abuse. Women in particular are more subject to online harassment, with obscene messages and images coming their way. To curb this harassment, the National Commission for Women (NCW) established an active platform for reporting online abuse, and the Cyber Crime Cells are increasingly responsive to such complaints.<\/p>\n