ABSTRACT
In the recent times, social media has taken up a prominent place in the lives of people. Social media has become a public square, a place for debates, discussions, trolling, dissent and digital expression. In this digital age, where platforms such as X (formerly Twitter), Facebook , Whatsapp, Instagram have become global forums where billions of people exchange ideas, thoughts and opinions.
As the influence of these platforms grows, so does the debate on whether the government should moderate the content uploaded on the web?
INTRODUCTION
The political implications of the social media sites are now receiving sustained attention.
People have been misusing their right to freedom of speech and making social media a toxic place. The answer to the question that whether the government should regulate the social media relies in accountability, rights, free speech, public safety, corporate responsibility, and democratic accountability. The spread of information disorder which includes misinformation, malinformation and disinformation. There has been debate over balancing combating disinformation and safeguarding freedom of speech and expression, as several countries enacted legislation to combat misinformation and disinformation.
ANALSYIS
The fake news, hate, and misinformation on social media platforms have become a major concern for governments across the globe. The World Economic Forum has identified the
proliferation of “digital misinformation” as a significant threat to society. Social media encompasses computer or internet-based technologies and platforms that enable mass, interpersonal, and group communication, fostering user interactions within virtual networks.
Social media had gained immense importance in the past few years, from a start -ups to highly valued brands use social media as a means to promote their brands. Social media can be used both positively and negatively. There are a plethora of nuances where social media has created wonders because of its reach and humongous usage.
With the rise in use of social media sites, there arises a subsequent need to regulate them which is possible through reasonable government intervention. The government intervention has been a matter of question. Whether the ambit of the powers of the government should be large enough to curtail the ill impacts of social media. It raises another question of curtailing of fundamental rights of citizens.
in today’s digital world, social media platforms have become an indispensable spaces for communication, self-expression, and information sharing. These platforms allow users to exercise their fundamental rights, particularly the right to freedom of speech and expression. However, social media can also be a source of misinformation, hate speech, privacy violations, and even threats to democracy. These challenges have led to an ongoing debate: Should the government regulate social media to protect fundamental rights, or would regulation this amount to violation of those rights?
The right to freedom of speech is a cornerstone of any democratic society. Social media has empowered individuals to express their views freely, reach global audiences, and engage in public debate. However, this freedom is not absolute has poses certain reasonable . Even in the Indian Constitution (Article 19(2)), reasonable restrictions can be imposed on speech in the interest of public order, decency, morality, or the sovereignty of the state. When users post hate speech, incite violence, or spread false information, it affects the rights and safety of others. In such cases, government regulation may be necessary to balance free speech with the protection of other fundamental rights, such as the right to life and dignity.
One of the growing concerns is the violation of the right to privacy. Social media companies collect and store vast amounts of personal data. Users are often unaware of how their information is being used or shared. The Supreme Court of India, in the landmark Puttaswamy judgment (2017), declared the right to privacy as a fundamental right under Article 21 of the Constitution. To protect this right, the government must ensure that social media companies follow transparent data practices and are held accountable for breaches.
However, there are valid concerns about government overreach. If regulation is misused, it can lead to censorship, political control, and the silencing of dissent. This would directly violate the right to free speech. Therefore, any regulation must be transparent, non-partisan, and based on clearly defined laws, not arbitrary decisions.
CONCLUSION
In a nutshell , social media should be regulated by the government only to the extent that it protects and balances fundamental rights. Regulation must prevent misuse, protect privacy, and ensure public safety without suppressing free speech. The aim should not be to control expression but to ensure that one person’s freedom does not violate another’s rights. A democratic and rights-based approach to regulation developed in consultation with civil society, tech companies, and legal experts can help achieve this balance.
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