“SOCIAL MEDIA CRIMES”

ABSTRACT

The topic of crime reporting is delicate despite its spectacular nature. The use of social media to report crimes is always interesting to observe. It’s hard to recall a time before the advent of the internet when we didn’t have them. Social media now occupies a larger part of our daily lives as a result of technological developments, the rapid spread of mobile information, and the popularity of social media sites like Instagram, Snapchat, Facebook, and Twitter. Technology, as useful as it may be, also puts people at risk. Social media has consequently evolved into a haven for criminals, which has increased the number of crimes committed online. The newest social media platforms are available to everyone, and even the most cynical among us are still awed by the advantages of the internet. Social media’s appeal is largely due to the anonymity it offers as well as the capability to build a virtual world in which people can communicate virtually without anyone ever actually meeting each other in person and exchange data, media, and other items. A woman’s name, address, location, and images are all too oftenly misused, especially when it comes to women. Online violence has increased and now affects people of all ages and is a worldwide problem, in part due to social media’s anonymity and fakeness as well as jurisdictional problems. The dangers that social media presents put people’s safety, privacy, and dignity in jeopardy. The relationship between social media and the criminal justice system is examined in this article. It also examines how law enforcement can prevent and stop cybercrime that is perpetrated using social media.

INTRODUCTION

“The internet is becoming the town square for the global village of tomorrow.” -Bill Gates

A cooperative message-forwarding network that connects computer networks worldwide, the internet. Since its inception, the internet has grown to become an integral part of daily life, giving people access to a new platform. It is no secret that the internet has developed into a tool for everything, from common people’s profiles on social media to official government notifications published on websites. It is now a tool for everything, from common people’s profiles on social media to official government notices posted on websites.

Everyone is aware of social media in today’s world. The Merriam-Webster Dictionary defines social media as “forms of electronic communication (like websites for social networking and micro-blogging) through which consumers create online communities to share data, ideas, personal messages, and other content (such as videos)”. Regarding the delivery of information, nothing more is necessary than an app on your phone. A quick medium for the international exchange of ideas has emerged in our fast-paced world. Social media has a significant impact on people’s lives, for better or worse. Social media is so integral to our lives that it’s not surprising that criminal activity on social media has also become the norm. Social media’s growth has allowed crime to flourish online. Social media marketing has benefited people, businesses, and governmental organisations alike. Technology does have many advantages, but it also has many disadvantages. Social media has put people’s safety, privacy, and dignity in danger, which has resulted in an increase in online violence and a challenging situation on a global scale.

Social media, one of the most potent and effective tools, has overnight changed into a haven for criminals. In the past ten years, as internet users have increased, so have cybercrimes.

Alternatively put, a cybercrime is an illegal act involving a computer or computer network that is considered a crime. Malware and unauthorised access to our personal information on social media sites and e-commerce websites are just two of the many ways hackers could harm our online identities. A fake social media persona can be created to spread untrue information about someone or to steal our credit card information, which is easily accessible on e-commerce websites. Two additional forms of violence are assaults on minors and violence against women.

The main targets of internet child pornography are women and young children because the perpetrator’s identity is hidden.

Impact of Social Media

The effects of social media on our lives have both good and bad sides. On the plus side, social networking sites like Instagram, Snapchat, Facebook, and Twitter enable people who live apart to keep in touch with loved ones they’ve left behind through audio and video chats, chat rooms, and a variety of other features. The general public can now stay current on global news using only their mobile devices. Social networking sites are used by people to make the process of looking for work or other purposes (such as education) easier. Additionally, it’s the simplest and fastest way to communicate your ideas to the entire world. As a result, social media makes people’s lives more convenient and enjoyable.

Despite the drawbacks, the popularity of social media for connecting people also contributes to social isolation. Face-to-face interaction has decreased as a result of these social media platforms. There has been extensive research on and documentation of the negative effects of social isolation on young people’s mental, emotional, physical, and psychological health. These include anxiety, FOMO, as well as a number of other problems. A person’s private information is at risk of being misused by third parties because social media lacks privacy. People today stress a lot about their own personal space. The unauthorised use of someone else’s personal information by a third party facilitates cyber-bullying and cyber-theft. The spread of offensive information on social media exposes people to these risks. They chat online nonstop all day long. Because of this, misinformation can be used for a variety of purposes, such as inciting racial or religious animosity, misleading people, or inciting digital hate crimes.

As a result, social media has established itself as a necessary component of our daily lives. Thus, virtual space turns into a relatively uncharted area in terms of the issues it raises regarding human rights and obligations.

Social Media related Cybercrimes

Following are the types of cybercrimes related to social media-

Email Phishing – Phishing refers to sending an email that falsely identifies itself as a specific company and requests private financial information. Thus, phishing is an attempt to trick a customer into disclosing personal information that will later be used for the fraudster’s own gain.
Identify Theft – The social networking industry is very concerned about it. Theft of identity, also referred to as identity fraud, is a crime where the offender obtains crucial pieces of personally identifiable information. Identity theft is the fraudulent use of someone else’s name and personal information to obtain credit, loans, and other services. Identity theft is the intentional use of another person’s information to gain financial or other advantages in their name. In India, identity theft has affected 4 out of 10 people, according to Economics Times.
Obscene content – Section 67 of the Information Technology Act makes it unlawful and punishable to share or transmit pornographic material. In a landmark case10, the Supreme Court defined obscenity as “the quality of being obscene, which means offensive to modesty or decency; lewd, filthy and repulsive.” The Supreme Court also distinguished between pornography and obscenity. The victim often feels disrespected because offenders frequently manipulate social media images to create obscene objects, which they then share on social media.
Online Job Fraud – When registering on bogus job search websites, job seekers’ accounts are compromised if they provide security information for their bank account, credit card, or debit card. 11 Fraudsters may also pose as representatives of an established company and present job openings following phoney interviews. The applicant is then convinced to send money for registration, required training, a laptop, and other costs.
Cyberbullying – Bullying committed online is known as cyberbullying. Social media, chat platforms, gaming platforms, and mobile phones are all possible venues. It is persistent behaviour meant to frighten, enrage, or degrade those who are the target. Spreading false information about someone online or publishing embarrassing pictures or videos of them, using messaging apps to send hurtful, threatening, or abusive messages, pictures, or videos, impersonating someone and sending hurtful messages on their behalf, or through false accounts, are a few examples.
Burglary via Social Networking – Social media is used by offenders to plan and locate targets for burglaries in this type of crime. Posting about your personal activities, like vacations, meals, and other events, on social media is very common. These documents are frequently the target of assassins because of the private information they reveal about the victim. Criminals prefer easy prey, provided they have enough time to enter the victim’s home.
Malware – The social media virus can spread using several different mechanisms. A phishing email is one of the simplest ways for a hacker to take your login information, access your account, and send out risky links. While you’ll find this when you log into your account, damage may already have been done. Another way to spread malware is to encase it in something else. You may become infected with malware if someone makes a false account, befriends you, and shares a photo with you.
Cyber-Stalking – Cyberstalking is a type of stalking that occurs online and involves the use of social media to harass or abuse the victim. Since it involves using the internet and other technologies to annoy or stalk someone else while they’re online, cyberstalking is a crime that can be punished.
Social Engineering & Phishing – It should therefore come as no surprise that “social engineering” is a technique used in the vast majority of cybercrimes committed on social networking sites. “The social manipulation of sizable groups of individuals to suit political or economic goals” is the traditional definition of social engineering. It’s extremely rare for a friend to ask for money from you to pay for car repairs so they can report to work on Monday, only for you to discover later that your friend’s car never needed repair and that you were tricked into sending money to a scammer. Obtaining this type of “social engineering” is simple.
Cyber- Casing – Cyber-casing, according to the NW3C, is a process that uses information that is easily accessible online to determine a person’s location. One of the most popular and somewhat trendy features of social media is geotagging. The knowledge of a criminal’s location aids in the planning and execution of the criminal’s online activities.

Relationship between Social Media & Criminal Justice System

The points below examine how social media platforms impact law enforcement, criminal justice, and community interaction –

Its Effect on Crime Investigations – Investigations into crimes of all types are increasingly relying on social media platforms. Law enforcement utilises social media platforms like Instagram, Snapchat, Facebook, and Twitter to inform the public about local crimes. Social media is frequently used to share updates on ongoing investigations as well as video and pictures from crime scenes and arrests. Police agencies are now obtaining subpoenas to read personal messages in order to conduct investigations in addition to disseminating information that aids them in catching criminals. Investigators have used suspects’ social media profiles as evidence in a large number of cases. Correspondence from personal messages is frequently used to support a person’s guilt or innocence in a criminal case. Nowadays, people use social media to track organised crime, find missing people, identify suspects, and get tips about criminal activity. Investigators can access user personal information without requiring any specialised access rights.
Its Function in Criminal Proceedings – Numerous social media platforms voluntarily work with law enforcement to reveal such “protected” content without a court order or subpoena. In order to look for indications of criminal activity and ties to illegal organisations, prosecutors may search your social media accounts. Your social media posts may or may not be used in court, depending on the seriousness of the accusations made against you.

Laws for Social Media

Constitution of India – Every person has the “right to freedom of expression,” which is protected by Article 19(1)(a), but these freedoms are still subject to some reasonable restrictions, as outlined in Article 16. (2). Everybody is free to read, write, and comment on any topic because there are no reasonable restrictions on what people can and cannot do in the interest of the citizens and the nation. The freedom to read, write, and express cc an opinion on any subject is unrestricted, but the state sets reasonable restrictions in the interest of its citizens and the nation as a whole.
Information Technology Act, 2002 (IT Act) – The IT Act’s Section 66A focuses solely on and governs social media content. It prohibits the transmission of any offensive audio, video, or text messages. Additionally, this prohibits the distribution of untrue information or emails that are meant to hurt, humiliate, or injure other people. The intent behind this is to commit a crime and stir up racial animosity. Additionally, it might cause someone to be deceived. In Shreya Singal v. UOI19, the Supreme Court overturned Section 66A of the IT Act, preserving the right to free speech in contemporary society.
Indian Penal Code, 1860 (IPC) – Any person who violates the aforementioned laws should be dealt with according to the IPC’s provisions, such as Section 295A, which deals with “intentionally insulting religion or religious beliefs.” 153A: “promot[ing] hostility between groups on the basis of religion, race, etc.” Sections 499 and 505 deal with defamation and statements that encourage public mischief, respectively. Section 509: “insulting women’s modesty.” Sections 124A, “sedition, etc.,” and 506, “criminal intimidation,” respectively. Two of the most significant laws in the struggle against social media abuse are Sections 499 and 500. There are laws in place to punish anyone who makes a defamatory statement public, whether it is in writing or verbal form.
Indecent Representation of Women (Prohibition) Act, 1986 – In violation of the Indecent Representation of Women Act of 1986’s Sections 3 and 4, obscene images of girls may be distributed or published illegally. 20 They may be applied to those who use electronic distribution to spread obscene material.

CONCLUSION

Unexpectedly, “India was the second most cyber-attacked country in Asia-Pacific in 2020.” For a nation with cyber-related legislation, there is no good news in this list. These laws don’t cover everything, so they’ll need to be revised to account for the current situation. Despite the nation’s strict laws against cybercrime, convictions are not common. This is because there is a lack of convincing evidence. As a result, cyber forensics is a relatively new field, and methods for finding cyber evidence are encouraged. It is the media’s responsibility to inform the public and avoid becoming a victim of such cybercrimes in a nation where “Media” is the fourth pillar of democracy. Aljazeera asserts that protest organisers heavily rely on social media platforms like Instagram, Facebook, Twitter, and others. Social media is a goldmine for knowledge and one of the easiest ways to share it. Everybody’s daily routine now includes it as a necessary step.

Life today is unimaginable without social media and social networking websites like Instagram, Facebook, and Twitter, especially in the Covid-19 pandemic era when everything takes place online. The word “privacy” has become little more than a euphemism. To find out about visitors’ interests and habits, the majority of websites use cookie policies. As a result, incidents like the “Bois Locker Room” and the dissemination of pornographic material are increasing daily. As the world moves toward widespread digitization, maintaining cyber security becomes a more urgent concern.

Social Media Related Crimes