Social media platforms like Instagram, YouTube, X (Twitter), and Facebook have become a major part of daily life. New trends emerge every day in the form of reels, challenges, memes, and influencer content. While these trends may look harmless, many of them can have serious legal consequences. This article explains popular social media trends in India and the laws that apply to them.
Rise of Viral Challenges
Viral challenges often involve dangerous stunts, pranks, or risky behaviour. Some challenges may cause physical injury or damage to property.
If a person causes harm to others while performing or encouraging such challenges, they can be held criminally liable under the Indian Penal Code (IPC) and Bharatiya Nyaya Sanhita (BNS). Creating or sharing content that promotes dangerous acts may also attract liability under the Information Technology (IT) Act, 2000.
Parents and platform users must understand that online fame does not excuse unlawful behaviour.
Meme Culture and Copyright Issues
Memes often use images, movie clips, songs, or screenshots without permission. Such use may amount to copyright infringement under the Copyright Act, 1957.
If copyrighted content is used without authorisation and not covered under fair dealing, the creator of the meme may face legal action. Even sharing such content repeatedly can invite liability.
Giving credit does not automatically make the use legal.
Influencer Marketing and Advertising Laws
Influencers who promote products on social media must follow advertising rules issued by the Advertising Standards Council of India (ASCI) and the Consumer Protection Act, 2019.
Paid promotions must be clearly disclosed using terms like “#ad” or “#sponsored.” Misleading advertisements can attract penalties and legal action.
Both influencers and brands can be held responsible for false claims.
Cancel Culture and Online Defamation
- Posting false allegations, abusive content, or rumours about a person can amount to defamation.
- Defamation is a civil wrong and also a criminal offence in India. Victims can seek damages or file criminal complaints.
- Freedom of speech does not include the right to harm someone’s reputation.
Deepfakes and AI Content
Deepfake technology can create fake videos or audio that appear real. These are often used to spread misinformation or harass individuals.
Creating or sharing deepfakes may attract punishment under the IT Act, IPC/BNS provisions relating to impersonation, cheating, and obscenity.
Using someone’s face or voice without consent is a serious violation.
Privacy Violations and Doxxing
Posting someone’s private information such as phone numbers, addresses, or personal photos without consent is known as doxxing.
The right to privacy is a fundamental right in India. Such acts can lead to action under the IT Act and criminal laws.
Even forwarding such content can make a person liable.
Cyberbullying and Hate Speech
Online harassment, threats, stalking, and abusive messages fall under cyberbullying.
Hate speech that targets individuals or groups based on religion, caste, gender, or community is punishable under Indian criminal laws and the IT Act.
Social media is not a free zone for abuse.
Laws Governing Social Media in India
Some important laws that regulate online conduct include:
- Information Technology Act, 2000
- Consumer Protection Act, 2019
- Copyright Act, 1957
- Indian Penal Code / Bharatiya Nyaya Sanhita
- IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
These laws aim to balance free speech with accountability.
How to Stay Legally Safe Online
- Think before posting or sharing
- Avoid using copyrighted material without permission
- Do not spread rumours or fake news
- Respect privacy and consent
- Disclose paid promotions
- Report abusive content
Being responsible online protects you and others.
FAQs
Can I be punished for sharing someone else’s post?
Yes. Sharing unlawful content can make you legally liable.
Is posting memes illegal?
Not always. It becomes illegal if it violates copyright or defames someone.
Are influencers legally responsible for ads?
Yes. Influencers must disclose paid promotions and avoid misleading claims.
Is online abuse a crime in India?
Yes. Cyberbullying and hate speech are punishable.
Are deepfakes illegal?
Creating or sharing harmful deepfakes can attract criminal liability.
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