Open Access Research Article
THE DARK SIDE OF SOCIAL MEDIA
Published Paper
Article Details
THE DARK SIDE OF
SOCIAL MEDIA
AUTHORED BY - APARNA SINGH, STUDENT,
Bharati Vidyapeeth (Deemed to be
University)
New Law College, Pune
CO-AUTHOR - ASSISTANT PROF. SHIVANGI
SINHA
Abstract
Social media is a platform that continues to evolve, change, and enhance
very actively. With the unrestricted use of the internet, social media has
become a part of everyone’s lives. The gazillion amount of data the users
continue to generate is insurmountable and is often accessible to tampering,
damage, and misuse. The paper focuses on highlighting the unprecedented use of
social media, crimes that take place using/through social media, and the legal
provisions that are available to the victims. In addition to this, we also
discuss certain landmark judgments concerning the laws regulating the use of
social media.
Keywords: Social Media, Cyber Crime, Technology,
Internet, Legal Provisions
Introduction
With the unprecedented growth of
technology and immeasurable use of the internet, the real world of humans has transitioned
to a more validated, widely used, and extremely engaging virtual world. The
virtual world has somehow become more important, relevant, and need of the
hour. This virtual reality of ours mostly subsists on a platform that is known
as a social media platform or channel. There are many of these. The most widely
popular of them are Instagram, Facebook, TikTok, YouTube, Snapchat, and X (formerly
known as Twitter).
Social media can be referred to as a
medium of interaction between users and exchange of information in any format,
i.e., audio, video, text, images, etc. Social media is a virtual space that
facilitates the users in the creation of information, and sharing of such
information, ideas, or content and also makes monetary benefit from such
activities. The higher the number of followers, the higher power such an
account wields on the channel. Like, share, comment, and subscribe have become
the most commonly heard words of this generation. Social media was initially
created to stay in touch with friends and family and keep them updated about
your life but as years progressed and technology improved, this vital essence
of maintaining connection has been long lost. Social media has now become a
number game and a dangerous one. People have started depending their self-worth
on the number of likes and comments they receive on a post. They have forgotten
the reality and have completely immersed themselves in the dark world of social
media which is tacitly consuming the generation.
In this research paper, we will
explore the dark virtual realities social media has raised and the threats the
extensive use and mindless scrolling can cause to our personalities, thoughts,
and feelings. How the extraordinary use of social media is gradually shaping a
generation who is willing to cross all boundaries in the name of virtual fame
and followers.
The Negative Impact of Social Media
1. Attention
Seeking: Social media makes people hungry for attention
seeking. They want the maximum number of likes, comments, and followers. People
become obsessed with wanting attention and validation. The recent social media
stunt pulled up by actress Poonam Pandey faking her demise by cervical cancer left
the netizens furious, disgusted, and shocked. Many celebrities criticized
Pandey for her cheap publicity stunt for the sake of attention and fame and demanded
a boycott of her and her PR team. Impressionable minds may get influenced by
such kind of cheap acts and try them. The repercussions of these acts can be
grave in nature. Countless FIRs have been lodged against Poonam Pandey for
creating public unrest in the name of awareness for the above-mentioned
disease. However, users of social media focus more on the act itself than
understanding the consequences of the same.
2. Addiction: Things usually seem way better on
social media than in the real world. The most ordinary of things, events, or
pictures look too good for the eye, making us want to believe the
superficiality of it to be true. The more we look at it, the more we want to
keep looking at it. This leads to an unhealthy pattern of using social media as
a way to skip reality and get addicted to it.
3. Unrealistic Expectations: Looking at flawless people with
flawless bodies, and flawless lifestyles we start setting such unrealistic
expectations for ourselves. We want to achieve such perfection in our own lives
which only leads to more disappointment and misery. We stop believing in the
ordinary beauty of life and start expecting things that look good only on the
screen. We overlook the façade social media perpetrates to gain more likes and
followers.
4. Depression and Anxiety: As the line between the virtual
world and the real world continues to evaporate, our minds keep getting bluffed
by the idea of achieving the unachievable. We start losing control of our own
lives as we get more involved in keeping tabs on the lives of others. The
constant comparison between oneself and the others we scroll on the screens
makes us feel weak, insignificant, and irrelevant.
5. Waste of Time and Potential: To seek validation for our lives,
our emotions and our need to be seen, we spend countless hours posting one
picture. We begin to associate the prettiness of the face and body with the
potential to be successful and famous. We are forgetting about values,
standards, and kindness. We would rather want to be heard, seen, and recognized
for the things we post on social media than be appreciated for being our real
authentic selves.
6. Crime: Bullying, Harassment, Stalking, and
Sextortion are some of the most common cybercrimes that take place through
social media platforms. Some notorious minds take dubious advantage of hiding
behind the screen and trolling people, harassing them, and commenting words
that can force some victims to even end their lives. Ex-partners extorting
women with the threat of exposing their private pictures and chats to the
world. Some crazy freaks use social media only to keep an online watch over the
activities of innocent teen girls and women. The list goes on and the danger
keeps getting elevated, more serious, and advanced. India saw over 400 million
cyber threats across approximately 8.5 million endpoints, averaging 761
detections per minute[1].
Further, in this paper, we shed light
on the various crimes mentioned in the above point.
Cyber Crimes
[2]India witnessed a growth of 24
percent in cybercrimes registered in the year 2022 compared to the previous
year 2021. As per the report titled, ‘Crime
in India’, 65,893 cases were registered under cybercrime, highlighting an
increase of 24.4 percent compared to 52,974 cases in 2021. Overall, cybercrime
has increased from 3.9 in 2021 to 4.8 in 2022. According to the report, in the
year 2022;
64.8 percent of cybercrime cases
registered were for the motive of fraud – 42,710 out of 65,893 cases,
This was followed by extortion with
5.5 percent – 3648 cases,
Followed by sexual exploitation with
5.2 percent – 3,434 cases.
The above-stated figures could be
much higher. We can only imagine the number of incidents that go unreported.
This is a frightening situation. The cybercrimes that particularly thrive on
social media platforms are the following:
Cyber Bullying and Harassment: When bullying takes place in the virtual world with the use
of technology and the internet, it is termed cyberbullying. It can range from harassing
a person through incessant trolling and threatening a person to sending them
rude and aggressive messages or commenting filthy words on their social media
account. Cyberbullying can butcher a person’s confidence and cause major damage
to their mental health. It creates constant fear and anxiety and can even lead
to depression. Cyberbullies harass people without the fear of facing any grave
consequences. They hide behind the anonymity of their computer screens and have
cheap thrills at ruining people's lives. Almost every social media creator,
especially women, gay and queer creators are a victim of this crime. They are
constantly made to feel disgusted, dirty, and disgraceful only because they
dare to choose to share their life and art with the world. The treatment these
communities of creators receive is highly disturbing and damaging. They are
targeted and body-shamed, fat-shamed, trolled for the kind of clothes they
wear, the accessories they use, the make-up they apply, the vacations they
afford, and the list goes on and on. Few of them get so deeply impacted by the
words directed to them in their virtual spaces that they choose to end their
lives in the real world. This is the dark side of the social media. The impact
the virtual presence has on our real one is profound and it only gets darker and
darker as each day goes by.
Cyber Stalking:
[3]Stalking is an offense under Section 354D of the IPC (Indian Penal Code). When a man is
trying to communicate with a woman without her interest over the internet via
email, instant messages or any other electronic communication is the offense of
stalking. Many young girls and women are unaware victims of cyberstalking. The
ones who do become aware of it feel an extreme form of fear, stress, and
trauma. They feel seen, heard, and exposed non-consensually. Social media
offers a great way for the offender to keep a watch on a woman’s online
activities. What she does, where she works, her favourite restaurants to eat
at, and the people she hangs out with. They can extract the smallest of details
like even her favourite ice-cream flavour. The stalker can use the information
against the victim to scare them, manipulate them, and even torture them. Things
become more dangerous when this leads to him physically stalking her. This is
why one should be extremely careful about the information they share about
themselves, especially their locations on social media. It is a word of advice
for everyone to never reveal their present location. Some form of secrecy must
be maintained regarding this. In the case cyber stalking, [4]section
500 of IPC that deals with defamation can be applied if the stalker forges the
victim’s personal information to post an obscene message or comment on any
electronic media.
Sextortion: It is a form of sexual exploitation, that
resorts to non-physical forms of harassment and intimidation to extort sexual
favours from the victim. The offender threatens the victims to release explicit
images, videos, or information about the victim in the public forum. Online
sextortion often is done by someone the victim may know in real life. It could
be a former partner, a one-sided admirer disguised as an unknown follower on a
social media channel, or an obsessive male friend. The offender can coerce the
victims to share explicit content with them using threat, fear, and power. They
may threaten to share some secret information about themselves or their
romantic or sex life with the world in return for online sexual favours. This
crime is as disturbing as it can. Young girls, women, and even children become
victims of such abuse. Even homosexuals are not spared from the ambit of this
crime. [5]Section
292 of the IPC incriminates any person who distributes or threatens to disperse
any intimate and compromising images of someone through any electronic means,
including apps and social media platforms.
Laws Regulating the Use of Social
Media
With the excessive use of the
internet, perhaps social media, the need for proper rules and regulations
became cardinal. The central government has legislated several promulgations to
modulate and administer the use of social media.
1. Information Technology Act, 2000: This enactment is a principal law in the country for
overseeing matters that are related to e-commerce and cybercrime. The key
objective of this legislation is to accord penalties to different kinds of
cyber fraud involving networks and technology. From the viewpoint of this
research paper, two sections of this act are very important.
·
Sec 66A – [6]This
provision of the said act grants the power to arrest anyone posting offensive
content or sending offensive messages on social media. Posting or spreading
false information to perpetrate hatred, enmity, insult, criminal intimidation,
or annoyance is also included within the ambit of this provision. The above
activities are punishable by imprisonment of 3 years and the criminal is
imposed with a fine. Apparently, in the case of Shreya Singhal v Union of India, this section was invalidated to
protect the freedom of speech and expression laid under Article 19(1)(a) of the
constitution.
·
Sec 67A – [7]This
section lays down the punishment for publishing or transmitting obscene material
in electronic form. The publication includes uploading the content on a website
or on any social media platform like messaging apps where a third party can
have access to it in any way. The transmission includes sending or circulating
any explicit images or visuals over messaging apps or emails or through any
digital means.
·
Sec 69A – As per this section, the
government has the power to invigilate, and decipher all types of information
that is inconsistent with the purvey of this act. In the year 2020, 59 Chinese
mobile applications, including the video creation app TikTok, were banned by an
order of the central government under this section. The offenders under this
section are punished with imprisonment and a fine.
2. Constitution of India: The constitution of our country is the supreme law of the
land. It enshrines the fundamental rights of the citizens of the country and protects
the basic rights of people. [8]Art 19(1)(a) guarantees the freedom of
speech and expression, however, art
19(2) also puts reasonable restrictions on the exercise of the fundamental
rights. This is done only to ensure that the freedom to exercise one’s right
does not become an infringement of the rights of others. Therefore, when we
post our thoughts, opinions, and feelings on social media, we need to be aware
that it does propagate hatred or contempt for others and does not infringe upon
their rights.
3. Indian Penal Code, 1860: IPC is the formal and official criminal legislation of India
that is aimed at encompassing all dimensions of criminal law. Various chapters
of the IPC deal with offenses relating to property, the human body, and
conspiracy, though the provision for social media is not perspicuously
mentioned, [9]the IPC
has sections that counter the offenses committed on or through the use of
social media. The following are the sections:
·
Sedition 124A -
Any social media post or message that aims to perpetrate hatred,
rebellion, or contempt against the government will fall under the ambit of Sec.
124A.
·
Promoting Enmity between Groups on
Grounds of Religion, Race, etc. Sec. 153A – This section penalizes those who promote enmity
between different groups on grounds of religion, race, place of birth,
residence, language, etc. Any social media content that does or attempts to
cause any such discord falls within this section. The offenders are liable to
be punished with imprisonment of 3 years, or with a fine, or with both.
·
Intentionally Insulting Religion or
Religious Beliefs Sec 295A – Punishes those who intentionally defame religion or religious beliefs.
·
Defamation Sec 499 – Legal consequences for those who
make defamatory comments verbally or in writing about someone.
·
Statements Conducing to Public
Mischief Sec 505 –
Anyone who makes statements inciting any community to commit an offense against
another community. Punishment includes imprisonment for up to 3 years, or fine,
or both.
·
Criminal Intimidation Sec 506 – If someone tries to intimidate the
other person physically or with the help of electronic means will be liable for
this offense. Punishment includes imprisonment for up to 2 years, or fine, or
both.
·
Insulting the Modesty of a Woman Sec
509 – Offense of
insulting a woman’s modesty on social media through words or infringing her
online privacy. The punishment includes imprisonment of 1 year or a fine or
both.
The laws that aim to protect the
rights, ensure the safety and security of data, and the reputation of the users
of social media, will only prove to be useful when the users are aware of the
same. Also, strict implementation of these laws is extremely important and
necessary. Apart from this, people on the internet shall be extremely careful
about not infringing upon the rights of other people and not publishing,
displaying, or spreading content that leads to violation of the laws of the
nation.
CASE LAWS
[10]In the case
of Arnab Manoranjan Goswami v. The State of Maharashtra, Arnab Goswami was
sued for defamation after he condemned a Congress party member for his
statements about the COVID-19 testing methods and the mob lynching death of
three individuals in Palghar. Arnab alleged that these statements made by the
party member were provocative. In his defense, he argued that his statements
did not promote social or racial unrest and that they had very little chance of
inciting any violent incident, he, therefore, filed a defamation suit against
Arnab.
[11]Shreya
Singhal v UOI, the court struck down sec 66A of the IT Act, 2000 on the ground
that it restricted the provision of art 19(1)(a). The Supreme Court had
grounded the decision of this case on three rationales; incitement, advocacy,
and discussion. He ruled that mere discussion on any matter represents the true
essence of freedom of speech and expression.
In the case
of [12]Shankar
v State Rep., the petitioner had approached the court under sec 482 of CrPC for
the quashing of the charge sheet filed against him. The petitioner had obtained
the unofficial ingress to the protected system of the Legal Advisor of the
Directorate of Vigilance and Anti-Corruption was booked under sec.66, 70, and
72 of the IT Act,2000. The court noted that it cannot quash the charge sheet
filed against the accused about the law as per the non-granting sanction of
prosecution under sec. 72 of the IT Act.
Conclusion
As the world of social media
continues to grow, the growth of crime and the innovation of cybercriminal
activities exponentiate. In the present scenario, what people do online matters
more than what they do offline. The online activities of people have taken
center stage and are being scrutinized every minute of every day. In times like
these, it is extremely important to be very vigilant and alert about what
information we put out about ourselves, our friends, and our family on the
internet, especially social media. No matter how secure the social media
applications claim themselves to be, the notorious minds always find a loophole
to exploit technology and networks for their fun and pleasure. Many young
people become poor victims of cybercrimes every single day and this number is
only ever increasing if we do not start becoming aware of the threats social
media poses and is capable of posing to our safety and security.
The present legal provisions are
there to solve certain types of issues but the world of cybercrime is so wide
that they are not sufficient to cater to all the needs. Therefore, a more
appropriate and comprehensive piece of legislation is presently required to
fight the evil of cybercrimes more actively and stringently. The current laws
may be good but we need better laws if we want to protect our online identity
and make social media a better and safer place for all age groups, communities
of creators, and common people.
[7] Ibid 29 Puneet Bhasin, ‘Cyber
Pornography Law in India- The Grey law decoded’ (iPleaders, 5 March 2015)
Article Information
THE DARK SIDE OF SOCIAL MEDIA
Authors: APARNA SINGH, ASSISTANT PROF. SHIVANGI SINHA
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/29
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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