Thursday, 30 June 2022

Social media

 Social media 

Social media is a fast-growing circuit. It helps to connect people from one corner to another. Social media not only helps to connect but it helps people to gain some new knowledge as well as shop online in the new era with technological advancement this has grown leaps and bounds. 

Social media means websites and applications that enable users to create and share content or to participate in social networking. This might be increasing but with this, the crimes related to censorship  

India is facing this situation where there is a lack of technology to find out the culprit. The past few years have seen an explosion in internet usage in India with approximately a tenth of the country's population now considered active internet users.   The problem lies with the legal framework governing the ecosystem in India that has captured public attention over the last two years, with media focusing particularly on censorship and surveillance.

There are some social media laws, that involve legal issues related to the user-generated content and the online websites that host that content. Corinne Chen an attorney in New York, explained that it is an expansive terrain since it covers the internet and social media.

Social media law can be both criminal and civil law at the state and the federal level. eg; to prohibit the posting of the content and those that broaden or restrict privacy rights for employees. 

In recent times, many cases have come up related to social media  as the admissibility of social media evidence ;

  1. Social media authentication; when admitting social media as evidence in the court is considered as authenticate or not. 

Case; Maroccanoil  v. Marc Anthon Cosmetics, in this case, the federal court said that Facebook screenshots are inadmissible when the defendant in the trademark infringement action offered the screenshots without supporting circumstantial information.  This showcases that any type of social media evidence isn't admissible in the court as they are not authenticated enough.

  1. Request for production; in the course of proceeding, the parties can ask for the production of some type of account or information. This can be considered against the right to privacy 

Case ;  Thompson v. Autoliv Asp ,INC. in this case, there was a motor vehicle accident. The defense asked for some pages of the plaintiff's Facebook age, to which they only received 51 pages further the defense requested to videotape browsing of the site which was denied by the court. The court held that a lawsuit can not be the ground to cover someone's entire life.

  1. The expectation of privacy; privacy has always been in question when it comes to the admissibility of social media evidence.

Case; Richards v. Hertz, in this case, the plaintiff alleged some personal injuries. The defense saw the picture of the plaintiff skiing and requested urge the court allow access to the site. The court denied such a request.

        Social media have grown leaps and bound. Social media has its way to keep a tap on our regular lifestyle. But still considering them as evidence might be considered as an invasion of privacy.


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