How are social media-related cybercrimes regulated under Indian law?

Answer By law4u team

Social media-related cybercrimes are regulated under various provisions of Indian law, including the Information Technology (IT) Act, 2000, and the Indian Penal Code (IPC). These laws address a wide range of offenses related to social media platforms, online communication, and digital content. Here are some key aspects of how social media-related cybercrimes are regulated under Indian law: Information Technology (IT) Act, 2000: The IT Act, 2000, is the primary legislation governing cybercrimes in India, including offenses related to social media platforms. Section 66 of the IT Act deals with computer-related offenses, including unauthorized access, hacking, and data theft, which may occur on social media platforms. Section 66A of the IT Act, which previously dealt with offensive or annoying electronic communications, was struck down by the Supreme Court of India in 2015 for being unconstitutional. Indian Penal Code (IPC): The IPC contains provisions that may apply to social media-related cybercrimes, such as defamation (Section 499), harassment (Section 509), and obscenity (Section 292). Other IPC provisions, such as those related to fraud, identity theft, and extortion, may also be applicable to cybercrimes committed on social media platforms. Intermediary Liability: Under the IT Act, social media platforms and other online intermediaries are subject to certain obligations and liabilities concerning user-generated content. Section 79 of the IT Act provides a safe harbor provision for intermediaries, protecting them from liability for third-party content if they comply with certain due diligence requirements. Cyberbullying and Online Harassment: Cyberbullying and online harassment are addressed under various provisions of Indian law, including the IPC and the IT Act. Section 66E of the IT Act deals with the violation of privacy through capturing, publishing, or transmitting images of a person's private area without consent, which may occur on social media platforms. Child Protection: The Protection of Children from Sexual Offenses (POCSO) Act, 2012, and the IT Act contain provisions aimed at protecting children from online sexual exploitation and abuse, including on social media platforms. The IT Rules, 2021, require social media intermediaries to implement mechanisms for identifying and removing child sexual abuse material (CSAM) from their platforms. Content Regulation: The IT Rules, 2021, introduced by the Indian government, impose obligations on social media intermediaries to regulate certain types of content on their platforms, including illegal, harmful, or objectionable content. Overall, social media-related cybercrimes in India are regulated through a combination of legislative provisions, including the IT Act, IPC, and other relevant laws. The government has also introduced rules and regulations to address emerging challenges and ensure the safe and responsible use of social media platforms in the country.

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