• Wednesday, September 25th, 2013

Social Media And Cyber Crimes Investigation In IndiaSocial media like Facebook, Twitter, Linkedin, etc are essential for the free flow of information and freedom of speech and expression. However, along with various rights, people using social media websites must also comply with the laws and regulations of various jurisdictions.

We have no dedicated social media laws in India. Although the Information Technology Act, 2000 (IT Act 2000) covers the social media aspect but it does so indirectly and in an ineffective manner. Even the IT Act, 2000 itself is a weak piece of law that deserves to be repealed as soon as possible and more comprehensive and holistic laws must be enacted in this regard.

To make the situation worst, we have no set procedure for e-discovery for social media in India. As a result most of the crucial electronic evidences are lost before they can be acquired by the law enforcement agencies of India.

Further, cross border issues like authorship attribution for cyber crimes, jurisdictional issues, failures of Mutual Legal Assistance Treaty (MLAT) between India and other countries, etc are some of the complications that Indian government faces on a regular basis.

India government has been trying its level best to regulate social media in India. This includes issuance of guidelines and other departmental instructions. However, we have an inadequate cyber crime investigation mechanism in India. Recently the Supreme Court of India issued notice Maharashtra government and Deity for framing cyber crime investigation guidelines for India.

Similarly, a Public Interest Litigation (PIL) has also been filed in India for directing the central to frame regulations and guidelines for effective investigation of cyber crimes in India.

No policy and measure of Indian government would be successful till they are properly formulated and effectively implemented. This equally applies to social media platforms operating world wide.

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