In recent years, the use of digital technology has increased by leaps and bounds. Social media also plays an important role in helping us become more communicative and connected to each other. According to statistics, 1.2 billion people use YouTube and 1.6 billion people use Facebook. On average, most of us spend about 10 minutes a day simply liking, sharing, and forwarding messages and posts we’ve received on social media. However, we don’t always realize the possible results of liking or forwarding certain posts. Therefore, the wise man always takes care in handling social media and ensures that he does not take any criminal liability by forwarding or retweeting offensive posts.
The Shreya Singhal case
In Shreya Singha’s case, Section 66A of the Information Technology Act was declared unconstitutional. This means that no one can be arrested by the police under the same section i.e. Section 66 of the Information Technology Act. However, this does not mean that any type of content can be posted on social media without due care and consideration.
Let us understand the words of Indian law.
There is no specific provision in Indian law for retweeting, sharing or sending posts and messages on social media that are contrary to the law. However, some laws under the Indian Penal Code and the IT Act provide for criminal culpability for such acts.
IT law
Talking about the IT Act, some laws talk about such a law.
Section 67
This section says that any person who posts, transmits or causes to be posted or transmitted any material containing sexually explicit acts or conduct will be punished from the initial conviction. The punishment will be imprisonment and a fine which may extend up to an amount of ten lakh rupees.
The question of whether forwarding or retweeting posts on social media platforms is a criminal offense or not is actually left to the discretion of the Court. The Courts will decide on the matter based on the facts and circumstances of the cases presented to them.
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Source: ptivs2.edu.vn