In recent years, the use of digital technology has skyrocketed. Social media also plays an important role in helping us communicate and connect with each other more. 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 just liking, sharing, and retweeting the messages and posts we receive on social media. However, we don’t always realize the potential consequences of liking or retweeting certain posts. Therefore, wise people are always careful in handling social media and ensure that they do not incur any criminal liability through forwarding or reposting offensive posts.
Shreya Singhal case
In Shreya Singha’s case, Section 66A of the Information Technology Act was held to be unconstitutional. This means that no person can be detained 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, without careful care and consideration, can be posted on social networks.
Understand the words of Indian Law
There is no specific provision in Indian law against illegal reposting, sharing or sending of social media posts and messages. However, certain laws under the Indian Penal Code and the IT Act have provided for criminal liability for such acts.
IT Act
Talking about the IT Act, several laws refer to it.
Section 67
This section provides that anyone who publishes or transmits or causes to be published or transmitted any material containing obscene acts or conduct shall be punished on initial conviction. The punishment will be imprisonment and fine which may extend to an amount of 10 lakh rupees.
The issue of whether forwarding or reposting posts on social media platforms is a criminal offense is really within the discretion of the Court. The court will decide this issue on the basis of the facts and circumstances of the case brought before it.
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Source: pagasa.edu.vn