Data Protection And Digital Livelihoods: Protecting Social Media Influencers In The Creator Economy
Bhumika Tulsyani, SVKM NMIMS School of Law
ABSTRACT
Social media has evolved into a place where creators can earn income, build their own businesses and find meaningful employment. Influencers use the same social media accounts for both collecting personal information about themselves and for creating a revenue-generating digital asset that can be supported through paid partnerships with brands, ad revenue and community engagement. Unfortunately, as social media accounts have developed into valuable assets for creators, they also remain vulnerable to hacking, identity theft, wrongfully being suspended from their accounts, and being deplatformed. These issues can cause significant financial and professional losses for creators.
This research considers the connection between digital livelihood protections and protection provided by current Legislative measures, including constitutional provisions, privacy regulation, criminal cyber forensics, data regulatory laws, and platform governance in India. It identifies that ultimately, the current legal protections for creators primarily relate to protecting their privacy and data only; and that there is insufficient legal protection for creators whose accounts are lost and how this negatively impacts their earning capability and livelihood. Thus, this research suggests that legislation needs to create more robust legal protections for creators through creating mechanisms to recover their accounts, holding platforms accountable, creating processes for creators to address grievances, and creating legal recognition of their digital livelihood interests.
Ultimately, the research finds that the loss of a creator's social media account is not just a data protection issue; it is an issue of right to livelihood as well as a right to constitutionally guaranteed digital rights.
Keywords: Data Protection, Digital Livelihoods, Social Media Influencers, Creator Economy, Deplatforming.
