Article 12 And Social Media: Encompassing Social Media Within The Ambit Of ‘Other Authorities’ Under Part Iii Of The Indian Constitution

Sunetra Goswami and Sarthak Srivastava, BA LLB, Vivekananda Institute of Professional Studies, Guru Gobind Singh IPU, Delhi.

ABSTRACT

This paper examines the complex legal terrain concerning the categorization of social media firms within the Indian context. It analyzes the scenario of social media companies being designated as 'State' entities and investigates whether they actively fulfill public duties or satisfy other similar standards provided in several distinguished landmark cases. The discussion highlights the potential consequences of such classification, which would subject private entities to constitutional scrutiny and regulatory supervision.

The central focus revolves around the need for legislative measures, including specialized laws governing content moderation and suspension protocols. Furthermore, the paper explores the intriguing concept of social media companies being deemed quasi-'State' entities, thereby aligning them with governmental authority and responsibilities. Ultimately, the conclusion emphasizes the evolving legal discourse and emphasizes the importance of establishing a regulatory framework tailored to social media platforms operating within India.