Social Media And Freedom of Speech And Expression

SOCIAL MEDIA AND FREEDOM OF SPEECH AND EXPRESSION

Social media is a platform where people interact with the world to exchange information and ideas in virtual communities and networks. It gives people the opportunity to meet new people who have different ideas in similar fields. In short, it is a bag of ideas which are expressed by people freely and sometimes they do hesitate in expressing their ideas. Why is this so? Is it because they are feeling ashamed in sharing their ideas? Or because they are restricted by some authorities? Or the social media itself is restricting us from sharing on the platform of ideas whatever we want to share?

FREEDOM OF SPEECH AND EXPRESSION

Expression of speech and ideas freely is a fundamental right of every individual without the fear of censorship or retaliation from the government or other authorities. Why is this right formed? To ensure individual autonomy, promoting social progress and holding governments and institutions accountable to people they serve. When we go deep into the concept of right, we come across some certain limitations imposed on speech that incites violence to balance freedom and ensure public safety.

Government regulation is acceptable as long as people's interests are served. The issue comes when regulations begin to censor people, infringing on their civil rights, such as the freedom of speech and expression .

The national framework that is pertinent to social media displays a matrix of many laws that are together referred to as India's cyber laws. While none of these laws specifically mention social media, it is necessary to examine them since they address concerns connected to social media in the modern day, especially Section 66A of the Information Technology Act of 2000.

ROLE OF SOCIAL MEDIA PLATFORMS

However, when we look at available platforms to share thoughts in past, present and future altogether. We may sense a gradual development on these platforms. Initially these platforms were not as developed as they are today, people use to share thoughts through articles, research papers, books, radio and various other means. Now they have telegram, twitter, Facebook, Instagram and some online newspapers.

CHALLENGES TO FREEDOM OF SPEECH ONLINE

One of the most challenged tasks is to prevent "bad" speech on the internet, especially on social media sites like Facebook and Twitter. Propaganda, hate speech, and other forms of problematic language have existed throughout human history. Whereas, hate speech is not under protection by any legal frameworks, defining and regulating it can be complex, leading to debates about the direction to draw line between free expression and harmful speech.

DEBATE ON CONTENT MODERATION

These debates are often contentious and multifaceted. Here, while looking at both the sides of the debate one side was arguing to allow free speech but there should be a moderation on the content that directly provokes violence. Whereas, other side was arguing for a strict content moderation. As social media works as a role model for today’s public and shape their thoughts and actions, it should be more transparent about its moderation policies, decision-making processes and enforcement of community standards. Critics raise concerns about algorithmic bias and the potential for automated moderation systems to inadvertently amplifying existing biases or disproportionately target certain individuals or communities.

SOCIAL MEDIA AND PANDEMIC

The unfolding of the COVID-19 pandemic has demonstrated how the spread of misinformation, amplified on social media and other digital platforms, is proving to be as much a threat to global public health as the virus itself. Technology advancements and social media create opportunities to keep people safe, informed and connected. However, the same tools also enable and amplify the current infodemic that continues to undermine the global response and jeopardizes measures to control the pandemic.

FIVE ACTIONS FOR WAY FORWARD

To address the dilemmas of regulation and moderation of online content, UN Human Rights has proposed five actions for States and companies to consider.

• First, UN Human Rights urges that the focus of regulation should be on improving content moderation processes, rather than adding content-specific restrictions. For example, when faced with complex issues, people should be making the decisions, not algorithms.
• Second, restrictions imposed by States should be based on laws, they should be clear, and they should be necessary, proportionate and non-discriminatory.
• Third, companies need to be transparent about how they curate and moderate content and how they share information, and States need to be transparent about their requests to restrict content or access users’ data.
• Fourth, users should have effective opportunities to appeal against decisions they consider to be unfair, and independent courts should have the final say over lawfulness of content.
• Finally, civil society and experts should be involved in the design and evaluation of regulations.

CONCLUSION

The intersection of social media platforms with the fundamental rights of privacy and freedom of speech presents a multifaceted challenge that has sparked considerable debate in recent years. On one hand, these platforms offer individuals a global platform to voice their opinions and beliefs, thereby promoting freedom of expression. However, they also harbour ethical dilemmas such as arbitrary censorship, data manipulation, and breaches of privacy. Despite the positive aspect of social media empowering individuals to express themselves, it has concurrently led to an increase in hate speech, dissemination of fake news, and other harmful content, prompting concerns about its societal impact. In Bangladesh, where privacy rights are enshrined in the constitution, the government has attempted to regulate social media through laws like the Digital Security Act of 2018. However, the Act's broad and ambiguous nature has raised apprehensions about its potential to stifle free expression. Achieving a balance between safeguarding privacy and enabling free expression on social media remains a critical challenge for governments worldwide. Ultimately, while social media has undeniably revolutionized communication and expression, its proliferation has also necessitated a nuanced approach to protecting both privacy rights and freedom of speech.

REFRENCES

1. Media and Freedom of Speech and Expression: Challenges Before the Indian Law by Shishir Tiwari, Gitanjali Ghosh:: SSRN SSRN
2. Media, Freedom of Speech, and the Future of our Democracy| Columbia News COLUMBIA NEWS
3. Open Universities: ASHA KANWAR
4. Media, Freedom of Expression and Right to Privacy: An Analysis. SOCIAL MEDIA