The Role of Media & Social Media is an institution in Indian polity, acting as a crucial pillar for accountability, transparency, and citizen empowerment. The foundation of this role is the fundamental right to freedom of speech and expression, which is guaranteed to all citizens under Article 19(1)(a) of the Constitution of India. While the Constitution does not explicitly mention the press, the Supreme Court has interpreted this Article to inherently include media freedom.
The traditional media is regulated by the Press Council Act, 1978, which re-established the Press Council of India (PCI) in 1979 to preserve press freedom and maintain journalistic standards. The PCI, a statutory and quasi-judicial body, can censure newspapers for ethical failures but cannot impose penalties. The digital sphere is governed by the Information Technology Act, 2000 (IT Act), enacted on 17 October 2000, which provides a legal framework for electronic governance and cybercrime.
The IT Act’s Section 79(1) grants social media platforms (intermediaries) conditional immunity from liability for third-party content, provided they exercise due diligence. However, this freedom is not absolute, as Article 19(2) permits reasonable restrictions on grounds like public order, defamation, and the sovereignty and integrity of India. A key connection is the concept of sedition, which is commonly known under Section 124-A of the Indian Penal Code, 1860, a law used to restrict criticism of the government.
The legal landscape for social media has changed significantly with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, enacted on February 25, 2021, under Section 87 of the IT Act, 2000. These Rules mandate greater diligence from intermediaries and establish grievance redressal mechanisms. Furthermore, the Supreme Court in Shreya Singhal v. Union of India (2015) struck down Section 66A of the IT Act, 2000, ruling it unconstitutional for infringing on Article 19(1)(a). A 2023 amendment to the IT Rules further empowered the government to require intermediaries to remove content flagged as false regarding the government.