oppn parties The Law To Regulate Social Media Must Be Balanced And Have Clear Definition Of All Terms

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  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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The Law To Regulate Social Media Must Be Balanced And Have Clear Definition Of All Terms

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

Several questions pop up as the government seeks to regulate OTT platforms and wants unbridled access to communications made by private citizens over social media. Although the Supreme Court has transferred to itself all such cases pending in all courts in India, the questions are not only legal but social and moral too. 

The first question is that of privacy. Privacy of citizens has been recognized as a fundamental right by the Supreme Court and recently, the Bombay High Court has said that even tapping of telephones by the government is illegal. Private communication over social media is protected by end-to-end encryption. This means that only the sender and the receiver know what was written and what was read. Hence, if the government forces OTT platforms like WhatsApp to disclose these conversations, it would impinge on the privacy of citizens.

Governments the world over are displaying increasing intolerance towards dissent. Since social media over OTT platforms is the main tool where such messages are circulated, governments are seeking to regulate content over these platforms. Earlier, such regulation was attempted in the name of a threat to national security, disturbing the public peace or causing enmity between communities. But now, the threat to democracy has also been added to it. India, in fact, had a draconian law in Section 66A of the IT Act. Thankfully, it was struck down by the Supreme Court for being bad in law.

Any law enacted to regulate content over social media, apart from crushing the privacy of citizens, is sure to be so restrictive and ambiguously worded that it will be open to many interpretations. Obviously, it will lead to arbitrary decisions on part of the enforcing authorities. The government of the day will use it to stifle dissent and suppress views that do not match its own. In the past, one had seen people being prosecuted for forwarding memes and cartoons of political leaders.

Although no right-thinking person will support unrestricted or unregulated social media, a balance has to be struck between privacy, freedom of speech and national interests. Any law that is enacted will need to be crystal clear. It will need to define national security, enmity between communities, public peace and threat to democracy, among other things,  in unambiguous terms. It will need to set rules for prosecution in black and white, leaving no room for arbitrariness or highhandedness by the prosecuting agencies. To make such a law, the government must involve all stakeholders, including social activists and issue a draft after taking all suggestions into considerations. A government drafted law is more likely to kill social media.