FREEDOM OF SPEECH IN THE AGE OF SOCIAL MEDIA AND ANTI-MISINFORMATION LAWS BY - KRATIKA SHARMA

FREEDOM OF SPEECH IN THE AGE OF SOCIAL MEDIA AND ANTI-MISINFORMATION LAWS
 
AUTHORED BY - KRATIKA SHARMA
 
 
 
Abstract
Freedom of Speech and expression under Article 19 is among the most crucial fundamental rights that is the cornerstone of autonomy which promotes open communication among individuals by sharing and receiving ideas. In recent years, the rapid shift towards digitalization has touched the entire world where individuals have turned to online platforms to express their views freely and get exposed to new ideas from all across the globe. In the last two decades, the rise of social media platforms has witnessed phenomenal growth and has created a new public sphere where ‘the world has become a global village’. But just as every coin has two sides, this phenomenal growth has come at the expense of trust, peace, and reality. Freedom of speech in the age of social media platforms where everyone has cheap and easy access to the internet worldwide has a heavy payback price to humanity as this world of social media platforms often distorts reality, creating a world of illusions where it's hard to figure out genuine among fake.
 
In recent years, there have been many occurrences of major hostilities which when investigated had a trigger point based on false information. Several attempts to combat fake information online by introducing Anti-Misinformation laws have been made by government and various organizations in recent years. This Article is an attempt to explore the shift in the role of Freedom of Speech in the age of social media to that of the pre-social media era, reflect on recent major hostilities due to misinformation, and further delve into an analysis of Anti-Misinformation Laws in India.
 
Keywords: Freedom of speech, Digitalization, Social media platforms, Fake news hostilities, Anti- Misinformation laws
 
 
Introduction
We, humans are made differently than other living organisms, we can communicate. Our ability to think, speak, express ourselves, and constantly develop has given us an upper hand since the beginning of time. The mere reason you are sitting at home, reading this article, and will eventually form views by the end of its reading is because our ability to communicate in various ways has advanced with advancing time. The need to have the freedom to express ourselves without any hindrances has helped lay the foundation for the formation of freedom of speech and expression as a fundamental right. Freedom of speech is the cornerstone of autonomy which is needed to preserve the sanctity of democracy, as rightly said by George Washington, “If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.” Article 19 has given shelter to one of the most crucial fundamental rights in our constitution i.e. Freedom of Speech and expression under Article 19 (1) (a). Freedom of Speech was manufactured as a fundamental human right, which traditionally intended to promote open communication among individuals by sharing and receiving ideas. But the last two decades have a different poem to recite. In recent years, the rapid shift towards digitalization has opened a whole new world that has welcomed individuals, with open arms to utilize online platforms to express their views freely and get exposed to new ideas from all across the globe. To express views that reach a large audience comes with the power to unite, divide, and guide the masses. This is why the Freedom of Speech and Expression is given such a prime status throughout the world. But over a period of time, the heroic role that digitalization has played in massive encouragement of freedom of speech has taken a villainous route. The Age of social media platforms where everyone has cheap and easy access to the internet and can express their views has done more harm than good, it has become ‘avsar mai aapda’ instead of ‘aapda mai avsar’ as the opportunity for a better world has rather created a disastrous one where it’s difficult to differentiate reality from genuine. The world of social media has shut down individuals’ capacity to form their own opinions and instead quickly accept and react to the views of others. This tussle between what is real, what is fake, what is to be believed, and what not to, has often resulted in hostilities in recent years. However, attempts made by the government and various organizations have led to the emergence of anti-misinformation laws to curb the situation and combat misinformation online.
 
This article explores the tension between preserving the sanctity of democracy by safeguarding the right of Freedom of Speech and the need to address the issue of misinformation in the digital era. With social media delivering valuable information and harmful falsehood, government and tech companies face the constant challenge of regulating misinformation that endangers public trust, peace, and harmony while preserving the authenticity of valuable information. By exploring this delicate balance, this article emphasizes the importance of establishing regulatory frameworks that protect public welfare while safeguarding the essence of freedom of speech that is essential to democratic societies. 
 
Role of social media ‘in making the world a global village’
Social media has played a dynamic role in changing the wind of the world. The digital age of social media platforms has blurred the physical borders created by humans in the name of segregating countries. It has made ‘the world a global village’ that empowers individuals from various backgrounds to interact with each other and create a sense of belonging. Social media platforms like Facebook, Instagram, and Twitter have significantly democratized by allowing anyone with an internet connection to use the platforms to express their views and engage in debates & discussions online which are easily accessible worldwide. Historically, on a large scale, only Media houses and influential people held the power to control major public communication, restricting who could share ideas and influence public opinion. These entities have been robbed of this unmeasurable power after the initiation of the social media age. The wind changed its pace after digitalization. Individuals were empowered to express their views without any filtration process and engage in all sorts of communication happening worldwide, sitting in the comfort of their homes. Social media platforms brought forward the voices of marginalized and suppressed communities that would have never seen the light of the day in traditional days. Voices on social media amplified and reached billions of people across the globe at ease, at times gaining momentum that further transformed into grassroots movements in the modern world era. The modern world witnessed some phenomenal movements like #blacklivesmatter, #Fridaysforfuture, #metoo movement, etc., which have their origins in social media platforms that gained support from all across the globe. The opinions online challenge biasedness and decentralize political agendas, creating a safe space for people to express their views, engage in dialogues and muster support for the common cause across cultural and geographical boundaries. But the changing wind brought with it a mild storm that has started harshly impacting us all in today’s world.
 
 
Challenges and Issues with Freedom of Speech on Social Media
Just as every coin has two sides, this phenomenal growth toward autonomy has come at the expense of trust, peace, and reality. With the growth of openness in the social media age, the evil of misinformation has grown alongside. Freedom of speech in the age of social media platforms where everyone has cheap and easy access to the internet worldwide has a heavy payback price to humanity as this world of social media platforms distorts reality, creating a world of illusions where it’s hard to figure out genuine among fake.  
 
In recent years, the world has witnessed a new kind of crisis, the occurrence of severe hostilities which when investigated had a trigger point based on fake news. The dark side of the freedom that our ancestors struggled hard for, is getting darker each day. Advancement in technology has raised severe concern in the last few years and the digital age has slowly become an age of illusion where figuring out reality is tedious work. Misinformation which refers to fake and misleading information spread around regardless of the intent to deceive has become a trend that has fueled many conflicts in the last few years such as covid 19 fake rumors that instilled a panic environment globally, child kidnapping rumors on WhatsApp that led to mob lynching, Manipur violence, 2023 that led to burning of the entire state, Myanmar Rohingya Crisis that led to humanitarian crisis in the country, US Capital Crisis leading to political violence, etc. These hostilities have become prey due to mass innocence, changes in thinking patterns, and following online trends without fact-checking. The element that was once of utmost importance i.e. freedom to speech for all individuals has rather turned into a bane instead of a boon.
 
Hostilities: Marionette of Misinformation
Hostilities or crises due to misinformation have been increasing in our country at an alarming rate. In the past decade, India has witnessed several heart-wrenching situations that escalated to severe violence impacting thousands of people, which were reported later to be entirely based on misinformation. Some of the recent hostilities include the fear created in the minds of people regarding COVID-19 that has surpassed even the last fabric of humanity. People were reluctant to help each other out, hesitant to take vaccines because of all sorts of news spread on “WhatsApp Media”, where messages were being forwarded mindlessly to a great extent without any fact-checking provisions, leading to higher infection rates. This socially fostered hostility, increasing distrust in governmental agencies, leading to delays in the democratic process and instability. It further weakened the societal link between people to come together in difficult times and collectively address the critical issue.
 
Manipur Crisis is another heart-wrenching example of a recent crisis that has been marionette in the hands of misinformation. The state of jewels, Manipur has a history of violence that dates back centuries. Unfortunately, things took an ugly form in 2023 when fake information misinterpreting the Manipur High Court’s order on a delicate historical matter to Manipur tribes was spread all across social media instigating armed violence in the state. Misinformation led to severe atrocities on women, one of whose videos of two naked women parading got viral reach on social media and gathered massive responses from all over the country, also had a trigger point based on Misinformation.
 
Thousands of such cases are reported every day and despite government rules and regulations on the matter, the issue of Misinformation remains a delicate topic in India as the world slowly hurdles ahead. Let us look at some anti-misinformation laws formulated by various institutions in an attempt to combat the issue of Misinformation.
 
Anti-Misinformation Laws: ethical and legal consideration
International organizations such as the United Nations (UN) and UNESCO hold a crucial position in promoting international collaboration to harmonize the protection of free speech with efforts to address misinformation. By utilizing their global influence and outreach, these entities can develop guidelines and frameworks that promote responsible sharing of information while safeguarding essential human rights. Apart from the potential role of international organizations, many countries have implemented Anti-Misinformation laws such as the Network Enforcement Act (NetzDG) in Germany to combat hate speech, fake news, and other harmful content on social media; the Digital Services Act (DSA) by European Union to create a safer online environment by moderating online content and algorithms, etc. Whereas on the national level, Anti-Misinformation laws in India have significantly improved in the last two decades as the government juggles with the challenges posed by the gigantic evil known as misinformation. Misinformation has spread severely in recent times and alongside it, has spread communal tension, violence, distrust, and public health crises. The constant efforts of the government to overcome this crisis have led to the introduction of several laws in India to closely monitor the evil of misinformation, they are as follows:
1.      Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: also known as “IT Rules, 2021”, has placed significant obligations on social media platforms, OTT platforms, and digital news media. Social Media platforms like Twitter, Facebook, Instagram, and WhatsApp are obliged to follow certain provisions such as classifying platforms as “significant” and “non-significant”, the rules also include the traceability clause that makes it easier to find the “first-originator” of problematic information and penalize them, flag problematic content and provide guidelines for removal of such information.
2.      Indian Penal Code, 1860. Section 505 (1) and Section 153: Section 505(1): This provision penalizes the creation, publication, or dissemination of statements, rumors, or reports intended to provoke riots or incite hostility among groups. It addresses misinformation likely to disturb public order or cause communal tensions.
Section 153: This section addresses actions or speech that foster enmity between groups based on religion, race, language, or region. It is often invoked in cases where false information incites violence or disrupts societal harmony.
3.      Disaster Management Act, 2005 (Section 54): During emergencies like the COVID-19 pandemic, Section 54 of the Disaster Management Act has been applied to curb the spread of harmful misinformation. This includes false claims about public health measures, safety guidelines, or other disaster-related information that could endanger public safety or create panic.
4.      Broadcasting and Press Council Guidelines: The News Broadcasters Association (NBA) and the Press Council of India (PCI) have established guidelines with the objective of combating the spread of fake news in the media. While these are not legally binding, they are widely supported by news organizations and promote practices like fact-checking and responsible journalism.
5.      Fact-Checking Units and Initiatives: The Press Information Bureau (PIB) operates a fact-checking unit specifically to debunk rumors and false information related to government policies and announcements. In addition, both government and independent fact-checking organizations play an active role in addressing misinformation on topics such as public health, politics, and societal issues, particularly on digital platforms.
The above initiatives by the government have been proven effective in the past years and have yielded positive results to some extent. But, a large democracy like India which is the second largest populated country in the world, poses severe challenges for regulation. These laws and regulations have been proven effective but at the same time, have raised severe concerns that if not taken seriously, can jeopardize the privacy, security, and democracy of the country.
 
Analysis of Anti- Misinformation laws in India
Anti-misinformation laws gained momentum as the cases of the spread of misinformation online started increasing. With Social Media platforms delivering valuable information from worldwide, it became prone to misuse by individuals, groups, and organizations that willingly or unwillingly spread misinformation that resulted in severe harm. The accountability and trust that Social Media platforms were showered with at the initial start of their era slowly started diminishing as the possibility that ‘everything on social media might not be true’ strengthened. With a rise in the frequency of fraudulent information, the government tried tightening its grasp to get the situation under control by formulating policies that strongly advocated an anti-misinformation agenda. But, over the period, these policies formed by government organizations seemed polarized. They raised concerns about the individual’s privacy, censorship, and enforcement challenges for a large landscape country like India.
 
For example, the IT Rule 2021 put stricter provisions on Social Media platforms to regulate consumer data collection. The wider scope given to social media platforms to promptly remove harmful content and trace the “first originator” of ‘problematic messages’, has been highly criticized as it may overpower the idea of free speech.
 
For example, the IT Rule 2021 put stricter provisions on Social Media platforms to regulate consumer data collection. The wider scope given to social media platforms to promptly remove harmful content and trace the “first originator” of ‘problematic messages’, has been highly criticized as it may overpower the idea of free speech. Many Critics argue that vague definitions of "misinformation" could lead to misuse, enabling authorities to suppress dissent or content critical of the government. Additionally, the requirement for traceability on encrypted platforms like WhatsApp raises serious privacy concerns, potentially undermining user anonymity and compromising end-to-end encryption.
 
Another factor is, censorship, Anti-misinformation laws have faced backlash for their potential to suppress legitimate expression, including political criticism and independent journalism. Provisions under the Indian Penal Code (IPC) and the Disaster Management Act have been selectively applied in the past, prompting fears of censorship. Observers warn that these laws could be misused to control narratives, especially during critical times like elections or large-scale protests.
 
India's vast and diverse digital ecosystem presents significant challenges to consistent enforcement. The huge amount of online content often leads to errors in moderation, resulting in either excessive censorship or failure to act against harmful content. Furthermore, limited fact-checking infrastructure hampers the effectiveness of these laws, reducing their ability to address misinformation comprehensively.
 
Conclusion
With advancements in technology every day, the world has shifted to a virtual setting and with it, has shifted the definition of humanity as well. The shifted dynamics require an active adoption of the changing trends where the traditional essence of democracy stays intact. Freedom of Speech in the age of social media ought to retain its true nature of safeguarding individuals while retaining democratic values. Freedom of speech has an intermingling complex relationship with social media in the age of digitalization, and anti-misinformation laws.
 
The nature of freedom of speech has undergone a tremendous transformation, which now provides individuals with a platform to articulate their thoughts and serve them to the world as their audience. Social Media platforms have created a safe space for individuals to express themselves regardless of their background, caste, or color. The ever-evolving digital landscape requires thoughtful regulations that balance free speech with the need to prevent harm. These regulations must be carefully defined to avoid vague or wider interpretations that could suppress legitimate expression. Emphasis has to be placed on transparency, accountability, and cooperation between governments, social media platforms, and civil society to ensure a digital environment that is both secure and open.
 
The need for the creation of a fine balance between the preservation of freedom of speech and the crucial need to protect society from the harm caused by the evil known as misinformation. This is only possible when all sectors of society come together in peace and collectively decide to work towards elimination of this newly prevailed social evil. It is not just the work of government, tech companies, or civil societies, individually, but of every sector cumulative. To reach a developed society where every individual uses their right to freedom of speech responsibly in the age of digitalization, realizing the power their fingers hold, where there isn’t any space left for speculation or mistrust because the government uses the ultimate power they are provided by the constitution responsibly, is society we ought to strive for. The day the society, its people, and its government realize that “with great power comes, great responsibility” is the day we will truly transcend from the traditional era to an advanced era.