The
recent hue and cry about Facebook postings related to spontaneous Mumbai
band on funeral day of Late Balasaheb Thakre and subsequent arrest and
release of two young girls aged@21 from Palghar is just the tip of
Iceberg of the destructive ability of social networking sites.
Most
students are connected to their social networks through cell phones and
thus have this ability of transmitting information instantaneously. In
the merciless world of internet and advance technologies, nobody has
control over the accessing audience to such information or 90% of the
users are not aware about how to use various privacy settings on these
social networks. In such scenario, everyone shares responsibility to
secure cyber space and keep it free from threats and dangers by
following some self restraints.
When
incidents related to cyberspace like Palghar or Aseem Trivedi or
Kartikeyan Chidambaram happens we all start debating about Fundamental
Right of the person under article 19(1).But very few of us understand
the very nature and concept of Cyberspace. Every technological
revolution has brought about with it a new spate of legal issues and legal problems which have to be addressed either through the modification/extensions/interpretations of existing laws or the introduction of a new legal paradigm.
The real issue is whether the internet
based virtual activities is merely another technological innovation or
is it truly a “space” where dimensions and meanings of fundamental
rights have substantial existence and relevance. Whether existing
definitions and acceptances of Fundamental Rights have relevance in the
changed order of the society due to encroachment of internet technology
in every walk of life? Have we accepted this important revolution as our
essentiality of life and are really concerned about its regulation?
We have
adopted Information Technology act way back in year 2000 and
subsequently amended it in year 2008.But how much education is imparted
to concerned stake holders regarding existence and contents of this act?
There are very few exceptions who wholly understand this law but
prevailing sections of cyber netizens are ignorant about the provisions
and do’s and don’t on internet.
There is
golden rule that ignorance of law is worst defense strategy and
ironically we are finding use of this strategy under pretext of
Fundamental right of Freedom of speech and expression.
The
right of freedom of speech and expression under Article 19 (1)(a) of
Indian Constitution states that “All citizens shall have the right - to
freedom of speech and expression and also states that Nothing in
sub-clause (a) of clause (1) shall affect the operation of any existing
law, or prevent the State from making any law, in so far as such law
imposes reasonable restrictions on the exercise of the right conferred
by the said sub-clause in the interests of the sovereignty and integrity
of India, the security of the State, friendly relations with foreign
States, public order, decency or morality, or in relation to contempt of
court, defamation or incitement to an offence.
We must
understand that internet is regulator free medium and there are no
restrictions on activities carried through this medium. The activities
don’t have any reasonable restrictions than self discipline and self
regulation. How much we can rely upon this self regulatory and self
restraining capacity of users? Who will regulate that this freedom of
speech and expression does not lead to incitement of offence? Will it be
Law Enforcement Agencies or Media or Judiciary or Few vested interests
in the society?
The
social networking websites like Facebook, twitter, you tube has posed
serious challenges due to their ability to reach large number of people
in short period of time and there are no strictly defined regulatory
policies or frameworks regarding the contents .Though cyberspace
technology does create a virtual reality, but this is not altogether
de-linked from practicalities in the real world. Cyberspace activities
like postings, likings, uploading contents are gaining more importance
and momentum it is high time to study whether Fundamental Rights of
individuals can be infringed through this medium or not? What could be
the mechanism for restitution of those infringed fundamental rights of
the affected person? Which could be the legal regulator to decide about
this infringement? Whether this regulator will have any enforcement
machinery available?
Unless
we address these issues on war footings there will not be any end to
such happenings in future and the future digital millennial will never
forgive us. On conclusion it must be admitted that propagation and
understanding level of law which is essential for any cyberspace related
activity is too low and we must educate the people about do’s and don’t
on internet.
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