This blog is written by Memory Mbombe, a Fourth-year law student of Lovely Professional University

Introduction

Due to rapid technological advancement and over-connectivity among individuals, social media can be referred to as the most effective means of interaction or commerce. But with the growing trend, there is also a growing trend to regulate them. Countries all over the world have adopted regulatory frameworks that patch up concerns regarding the social media attributes and people’s rights to free speech. In fifties of the twenty-century such regulatory measures were constituted through law and state policies, but today and tomorrow they will be formed out of many polymorphic agents. Nevertheless, it is possible to conclude that the social media platforms, Fintech industries, and influencers have made the and metamarkets possible. With this in mind, let us consider the social media laws and why they matter to the users and the organizations, as well as what they need in order to remain compliant in a world full of social media laws.

It's Evolution

Having had a humble beginning as a mere method of communication, social media is now a power that dictates political, economical, societal, and even cultural changes throughout the world. There is the need for governments to adopt the digital laws that ensure that the public interest and innovation are met while at the same time regulate power dynamics in the social media such as GDPR, Article 230 and Data Protection Standards

Types of Social Media Laws

Fcts safety: Social media platforms collect a whole lot of personal information from customers, which can be analyzed and monetized.

Copyright: The person that uploads a picture or photo to social media retains the copyright, and you want to get their permission to use it.

Defamation: This is when someone damages another character's popularity by way of spreading information about them, and it applies to on-line publications like social media.

Cyberbullying: Cyberbullying laws assist users and regulation enforcement respond to on-line harassment.

Communications Decency Act: This 1996 law protects social media structures from defamation claims.

The Implications of Social Media Laws

Social media laws have nuanced implications and heavy implications for the retention of some level of free speech on social channels. The balancing act between individual rights and content moderation leads to how online platforms are regulated, something that is set on by policymakers against the privacy of the users. Most notably, laws passed to deal with misinformation may unintentionally suppress the freedom of expression which could ultimately make it difficult for users who wish to be involved in a free and candid conversation. Furthermore, these platforms have real-world implications on user behavior and put more pressure on the sites to be held accountable for what is displayed, which results either in a censorship or self-regulation by the platform. On the other hand, international differences in social media legislation make things even more confusing because every part of the globe follows different policies to control online conversations.

Case law

Mahanoy Area School District v. B.L. (2021, U.S. Supreme Court)

Issue: Freedom of speech for students on social media.

Case Summary: In 2017, Brandi Levy, a freshman pupil at Mahanoy excessive college, was advised that she did no longer make the public college’s varsity cheerleading crew. frustrated, she vented privately in an off-colour social media message sent to some of her pals. however, whilst the school found out approximately Levy’s message—which have been remodeled the weekend, and off college property—they suspended her from the junior varsity cheerleading crew for her complete sophomore yr. Levy’s mother and father sued on her behalf, arguing that the faculty violated their daughter’s freedom of speech. In reaction, the public school claimed sweeping authority to subject college students for conduct college directors assume would possibly disrupt the lecture room surroundings—even though it befell after faculty and rancid campus. Becket filed a pal-of-the-court docket short on the supreme court docket, mentioning that the public college’s try and police off-campus, non-public student speech would kick back college students’ non secular speech and infringe on dad and mom’ right to direct the religious upbringing of their kids.

Decision of the Court

On June 23, 2021, the ideally suited court docket dominated that the primary change prohibits public faculties from disciplining college students for exercising their free speech rights, while such speech occurs off-campus and has a tenuous connection to the academic environment. The court additionally confirmed that public colleges carry a “heavy burden” when looking to justify regulations on a student’s non secular or political speech.

Future Trends in Social Media Legislation

Social media regulation is expected to involve national and international efforts, balancing user protection and innovation. Governments are demanding greater platform accountability through automated moderation tools and transparent reporting. Global standards are also recognized as social media transcends national borders. The effectiveness of these laws depends on their implementation and enforcement, ensuring fundamental rights are protected.

Social Impacts

Social media laws impact freedom of speech, privacy, misinformation, accountability, business, innovation, the digital divide, political manipulation, and mental health. They can curb hate speech, build trust, and moderate content, but can also suppress legitimate discourse. Strict laws can burden tech companies, limit competition, and increase the digital divide. Governments may use them to suppress opposition and protect citizens.

Suggestions

Social media laws should balance regulation with innovation, privacy with security, and freedom of expression with harm prevention. Potential regulations include strict guidelines for content moderation, data privacy and protection, combating misinformation, transparency in algorithms, cyberbullying and online harassment laws, age-appropriate content, platform liability for user content, regulating political ads and influence, cross-border collaboration, and fair taxation systems for social media companies. These measures could improve online safety, transparency in algorithms, strengthen laws against online harassment, and ensure age-appropriate content. International collaboration could create uniform social media standards across countries.

Conclusion

Social media laws aim to protect users, ensure accountability, and curb harmful content, while also presenting challenges for companies and raising questions about free speech and innovation. Finding the right balance is crucial for harnessing platforms' potential. Together with the pervasiveness of technology in today's environment comes the threat of cybercrime. Even while victims of cybercrime and crimes using social media are covered by several laws, it is still possible that additional legislation will be required. The right to be forgotten, which grants control over personal data in various European nations, should be implemented by the government. In addition, strong measures against offenders must to be implemented to lessen the repercussions of cybercrime.

References

· A. E. Atmaja, "Kedaulatan Negara di Ruang-maya Kritik UU ITE dalam Pemikiran Satjipto Rahardjo," Gema Keadilan, vol. 1, no. 1, pp. 75-108, Oct. 2014. https://doi.org/10.14710/gk.2014.3742 accessed 02 September 2024.

· http://www.internetworldstats.com/stats3.htm@asia Accessed on 18 November 2017. accessed 04 September 2024.

· https://id.wikipedia.org, Accessed on 18 Mei 2017. accessed 03 September 2024

· Kaplan, A.M. and Haenlein, M. (2010) Users of the World, Unite! The Challenges and Opportunities of Social Media. Business Horizons, 53, 59-68.

http://dx.doi.org/10.1016/j.bushor.2009.09.003 accessed 03 September 2024 l.

· http://wearesocial.com/uk/special-reports/global-statshotaugust-2015 accessed 07 September 2024.