BE CAREFUL WHILE SHARING SOCIAL MEDIA POST: IT MAY LEAD YOU TO JAIL!!
Sharing of social media post is included in the right to freedom of speech. Therefore, no person cannot be prosecuted for sharing any noble social media post. Because sharing of social media post is also part of right to freedom of speech which is protected under article 19(1)(a). But at the same time, there are certain restrictions upon this right. Most importantly, we the people of India are also bound with the fundamental duties provided in part 4A of the constitution. While exercising the fundamental right, we should consider our fundamental duties as well.
Do you know sharing of social media posts may lead you to jail? Yes, if you share any kind of indecent, offensive or abusive post on social media platform like Twitter, Facebook, Instagram, WhatsApp etc, this sharing is an offence under section 67, 67A of IT Act, 2000 and under various sections of Indian penal code 1860.
When you click the like or sharing button on social media, it is presumed that you have asserted your consent in favour of the post shared by you. As we all know social media has the ultimate power to transmit or circulate any information from one corner of globe to another corner. Sometimes it causes a great problem to human life. Sometimes even riots are committed due to sharing of offensive posts. So it causes the problem of law and order in the nation.
Section 67 of IT Act provides the punishment for publishing or transmitting any obscene material in electronic form. It provides imprisonment which may extend to three years and a fine and in event of second or subsequent conviction 5 year in addition to fine.
Section 67a of IT act provides the punishment for publishing or transmitting any material depicting children in the sexually explicit act in electronic form. It provides imprisonment which may extend to five years and fine and in event of subsequent conviction, seven years in addition to fine.
However, there is no Law in India which prohibits the sharing of any offensive post. But the wide interpretation of law treats such act as an offence.
Where any tweet or any social media post causes the enimity between the two different groups on the ground of religion, race, place of birth, residence, and language and disturb the harmony of society shall be treated as an offence under section 153 A of IPC 1860.
Similarly, any social media post which is prejudicial to the national integration shall be treated as an offence under section 153B IPC 1860.
Any social media post which is capable to outrage the religious feelings of any class of citizen of India or to insult the religious belief of that class shall be treated as an offence under section 295A IPC 1860.
Even the offence of defamation may be caused by sharing any social media post if that post injures the reputation of the complainant and such act shall also be punishable under section 500 IPC.
Apart from it, there are many sections in the Indian penal code 1860 which may lead to the sharing of posts as an offence. Examples: abatement, waging war against the country, sedition etc.
Freedom of Speech:
Article 19 (1)(a) of the constitution provides the fundamental right that is the right to freedom of speech and expression. But this right is not absolute. The reasonable restrictions may be imposed upon the exercise of this right. Article 19 clause 2 provides certain restrictions which may be imposed upon the freedom of speech. These restrictions are as follows:
- Security of India
- Sovereignty of India
- Public order
- Defamation
- Incitement of any offence
- Contempt of court
- Morality
- Friendly relations with the foreign state
Conclusion:
Sharing of social media post is included in the right to freedom of speech. Therefore, no person cannot be prosecuted for sharing any noble social media post. Because sharing of social media post is also part of right to freedom of speech which is protected under article 19(1)(a). But at the same time, there are certain restrictions upon this right. Most importantly, we the people of India are also bound with the fundamental duties provided in part 4A of the constitution. While exercising the fundamental right, we should consider our fundamental duties as well.
