Social networking sites like facebook and twitter have altered the landscape of social interaction to a new level. These networking portals have enticed the common man’s psyche especially that of younger generation with its capability of bringing socialising or networking around the globe as easy as within one’s finger tips.Though one cannot be blind to the alluring benefits which the social media offer, the inherent risks these sites pose cannot be overlooked. For example, lack of anonymity of information posted on these public domains can result in one ending up as victim to cyber stalking, online scams and other illegal activities.Further, the photo and web-link sharing facilities, the posts or scraps shared in these sites are capable of attracting penal liability if not carefully used.In India the cyber law jurisprudence of social networking is still at its inception. The Information Technology Act, 2000 is the prime legislation in the country looking after the abuse of technology in the cyber world. The Act was followed by a substantial amendment in 2009 bringing down cyber terrorism, privacy issues and acts of electronic publication of sexually explicit content within the purview of the legislation.Under the amendment if one causes to upload a photo showing the private area or undergarment- clad genitals, breasts or buttocks without permission of such person then he can attract up to three years of imprisonment and a fine of Rs 2 lakh rupees.This provision can be lethal enough to capture many albums and photographs uploaded today in these networking sites. Another area which the amendment takes very seriously is child pornography. The new law distinctively makes it clear that mere watching of child pornography over an internet resource is a crime.Section 67B(2) says browsing and downloading are enough to attract five years’ imprisonment and interestingly the intention of the offender is not a pre-requisite for activating the liability under the provision.Thus the section may attract even if these sites are accidentally opened or browsed through a spam email and even when opened through a link shared on these networking portals. This does not mean that watching pornography other than those involved with children will be a crime under the law but the moment you share it over a network or distribute it the law will come into play. The punishment for such an act will be an imprisonment up to five years and a fine up to Rs 10 lakh.These provisions of law would recommend one on social networking sites to think twice before sharing a web-link as also before posting any pictures with intention to harass or even to just make fun of anyone or even sharing fun-filled links which involve or doubtfully involve an element of obscenity.The presence of fake profiles is another problem that we see around in these networking sites. The fake profile of many celebrities and politicians are actively seen across these portals. It is doubtful whether the persons who have created these profiles have knowledge of legal implications attached to it or not.Creating a fake profile can invite punishments under Section 419 of IPC for cheating by personation for which punishment is for three years and misuse of such profile can attract an imprisonment further under Section 67 of the IT Act for five years.Because of the nature with which these social networking sites operate, one may have a tendency to take such things on it very casually. However, if you know the law you will find it a serious business to be too casual. (The writer is a lawyer. Email: [email protected])
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