REGULATING SOCIAL MEDIA: CONSTITUTIONAL PERSPECTIVE

AUTHOR – VAISHNAVI VISHWASRAO PATIL, LLM STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – VAISHNAVI VISHWASRAO PATIL, REGULATING SOCIAL MEDIA: CONSTITUTIONAL PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 502-509, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

(Catchy opening line) “Relying on the government to protect your privacy is like asking a peeping tom to install your window blinds”. (History) The earliest forms of social media appeared almost as soon as technology could support them. E-mail and chat programs debuted in early 1970s, but persistent communities did not surface until the creation of the discussion group network USENET in 1979. Social media in India began to gain traction in the mid- 2000s with the increasing availability of internet access. Orkut, a social networking site, was one of the earliest platforms to gain popularity in the country. However, Facebook quickly overtook Orkut to become the dominant social media platform in India. (Present Status) Social media has had a significant impact on the constitutional right to privacy. Users often share personal information on social media platforms without fully understanding the security and privacy terms and conditions, making them vulnerable to various attacks and privacy breaches. (Short Explanation) This research paper has put emphasis on Regulating social media Constitutional Perspective. It also discusses social media laws in India that is Information Technology Act, 2000 [IT Act]. The IT Act serves as the foundation for online regulation in India as it provides a legal framework for addressing issues related to cybercrimes, electronic commerce, and data protection. (Research Problem) The rapid growth of social media platforms has created unprecedent opportunities for communication, expression, and information dissemination. However, challenges such as misinformation, hate speech, data privacy breaches, and electoral manipulation. Efforts to regulate these platforms raise complex constitutional questions, particularly concerning the balance between protecting fundamental rights, such as freedom of speech and privacy, and addressing societal harms. (Hypothesis) Increased regulation of social media platforms will lead to a reduction in harmful content but may inadvertently restrict freedom of speech and expression, potentially violating constitutional rights. Existing regulatory approaches often struggle to reconcile the constitutional guarantees of free expression with the need to mitigate the negative impacts of social media. (Conclusion) Regulating social media within the bounds of constitutional principles requires a careful balance between protecting freedom of speech and ensuring accountability for harmful content.

Key Words: privacy breach, unprecedent, electoral manipulation, perspective, exposure, persistent communities, inadvertently, potentially violating, dissemination.