Social Media, Democracy and Changing Facets of Law: A Critical Study

Abstract: The social media is now a day is an effective and novel tool available in the hands of the common people to express their anger, expressions and feelings against the government and the leaders/political parties. It is the sign of healthy and vibrant democracy particularly in India where the people are less aware about the rights and duties. The recent incidences of arrest in Bengal, Maharashtra and other states when persons posted comments and cartoons on facebook related to particular political parties and leaders are not only alarming but also a threat to the freedom of speech and expression given by the Constitution of India to over citizens. The biased action of state government and law enforcing agencies under Information Technology Act, 2000, Indian Penal Code, 1860, Indian Evidence Act, 1872 and various other related Acts through mis interpretation under the wide discretionary power vested with them are an eye opener for us and direct threat to our democracy. Through doctrinal approach the author will analyze in this paper the various legislations, Constitution of India and case laws dealing this issue at large in the interest of healthy democracy and finally suggest the few amendments and actions are required to strengthen the various laws dealing social media directly and indirectly in India particularly.