The Influence of Social Media in India and Globally: Laws and Regulations

Media influence is just about inevitable, and its effect on the human mind cannot be overstated. The proof of this evidently lies in the changes that we experience with each passing moment of time.

Introduction

The rapidly growing impact of traditional and digital media on public mental health has drawn legal inspection globally and in India. Worldwide, freedom of expression is constitutionally protected. However, harmful content—for example, graphic violence, self-harm misinformation, etc.—can adversely affect vulnerable individuals.

This article explores the legal duties and state-industry obligations to protect mental health in the media context, with support from jurisprudence and statutory provisions. Everyday media shapes not just what we know but how we feel—from Instagram posts to news reports—its influence on mental health is profound. Recent cases in India show media’s potential both to harm and to heal.

A Recent Case

A Life Saved by a Screen

In Raebareli, a 21-year-old college student, under high pressure from her family to marry, posted a video attempting self-harm on Instagram. Thankfully, Meta’s algorithm flagged the content and alerted the UP police, who arrived within 8 minutes to intervene—ultimately saving her life.

Freedom of Expression versus Mental Health Protection

Constitutional Protection Safeguards in India

• • Article 19(1)(a):
    The right to freedom of speech is promoted under Article 19(1)(a) of the Constitution. However, this right is restricted by Article 19(2) in the interest of the sovereignty and integrity of India, the security of the State, public order, decency, morality, and also contempt of court and defamation.In Sanjay Narayan, Editor-in-Chief of Hindustan vs. Allahabad High Court (2011), the Court held that it is the duty of the media to provide correct information to the public.

• Article 21:
  This article provides protection to the life and personal liberty of individuals. In its expansive interpretation, it encompasses the rights of elderly persons and senior citizens—such as the right to health, the right to legal aid, the right to pension, and the right to shelter. There is a need to continually monitor the implementation of the rights of elderly persons and senior citizens.

Key Precedents

• Maneka Gandhi vs. Union of India
  In this case, the meaning of life under Article 21 of the Indian Constitution was expanded.
• Rakesh Chandra Narayan vs. State of Bihar
  Affirmed the right to basic amenities, including mental health care, for persons with mental illness under Article 21.

Statutory Protections

• The Mental Health Care Act, 2017
  • Section 30(b): Mandates the appropriate government to plan, design, fund, and implement programs to reduce stigma associated with mental illness.
  • Section 20: Deems persons with mental illness protected from cruel, inhuman, or degrading treatment, including sensationalized media portrayals.

Ethical Journalism

Journalists like Tanmay Tyagi have promoted human-centered reporting rooted in lived experience. He emphasizes the journalist’s oath: First, do no harm.

Regulatory and Legislative Landscape

Policy Responses to Social Media Mental Health Concerns

• Information Technology (IT) Act
  • Section 2(nb): Protection of information on communication devices from unauthorized access.
  • Section 66(e): Protection from publishing private images of others.
  • Section 67(a): Protection from publishing sexually explicit content.
  • Section 67(b): Protection from publishing child pornography or inducing online sexual explicitness.

Case Laws

• Shreya Singhal vs. Union of India (24 March 2015)
  This landmark case struck down Section 66A of the IT Act as unconstitutional for violating the right to freedom of speech under Article 19(1)(a). The court also considered the legality of Sections 69A and 79 of the IT Act with associated rules.

• Digital Personal Data Protection Act
  Strengthens privacy but does not classify mental health data as special or impose strict requirements for mental health apps.
• The Cable Television Networks Act (1995)
  Contains provisions to prevent the transmission of harmful, indecent, or misleading content. Bans programs that incite violence or promote harmful products like alcohol, cigarettes, or dangerous weapons.
• Prasar Bharati Act (1990)
  Created India’s national broadcaster, granting autonomy to Doordarshan and All India Radio. Ensures media coverage is fair and aligns with democratic and social principles.
• Indecent Representation of Women (Prohibition) Act (1986)
  Prohibits offensive depictions of women in media, maintaining a balance between free speech and public morality.
• Cinematography Act (1952)
  Restricts content containing profanity, contempt of court, extreme violence, insult to national symbols, or misrepresentation of religion or personal identity.

Regulatory and Legislative Landscape Across Global Countries

America: Media Law

Constitutional Base

First Amendment:
“Congress shall make no law curtailing the freedom of speech, or of the press.”
Protects both traditional media and online speech, though platform moderation remains debated.

Key Federal Acts

• Communications Decency Act (CDA), Section 230 (1996): Shields platforms from liability for user-posted content.
• Antiterrorism and Effective Death Penalty Act / Justice Against Sponsors of Terrorism Act (JASTA): Used in Gonzalez v. Google alleging YouTube recommendations supported terrorism (Supreme Court remanded in 2023).
• Guarding Americans from Foreign Adversary Controlled Applications Act (FACA) (2024): Targets TikTok’s Chinese ownership for national security reasons.
  TikTok v. Garland (Jan 17, 2025) upheld FACA as constitutional under the First Amendment.
• Stop Hiding Hate Act (New York, 2025): Requires platforms to report on moderation of hate speech and misinformation. Being challenged by X (formerly Twitter) for violating the First Amendment.

Recent Major Cases Involving Social Media

1. Murthy v. Missouri (2024)</h3 >

   Issue: Whether government dispatches obliging platforms to remove misinformation violates the First Amendment.

   Ruling (June 26, 2024): Supreme Court dismissed on standing grounds — no decision on compulsion. Government may continue flagging content to platforms.

2. NetChoice v. Paxton & Moody v. NetChoice (2024 remand)</h3 >

   Involves Florida/Texas laws confining platform temperance and allowing user suits for disposals.

   Supreme Court remanded the cases for retrospection, suggesting complex First Amendment implications.

3. TikTok v. Garland (2025)</h3 >

   Issue: Can Congress ban apps from foreign adversaries on free speech grounds?

   Ruling: SCOTUS ruled FACA constitutional, allowing for TikTok’s divestiture accreditation.

4. X Corp.</h3 >

   Issue: Suits on temperance laws.

   X has sued Minnesota over its deepfake political content ban (Minnesota Deepfake Law, 2023) and New York’s Stop Hiding Hate Act. It claims these laws infringe Section 230 and First Amendment protections.

Key Aspects of China’s Media Law

• Constitutional Provisions:
  The Chinese constitution includes articles on freedom of speech and press, but these are often overridden by other provisions that prioritize national interests and public order.
• Government Control:
  • Censorship Mechanisms:
    China employs a multi-layered censorship system that includes prior prohibition, self-censorship, and post-event punishment.
  • Regulation of Online Content:
    The Cyberspace Administration of China (CAC) is responsible for censoring online content, and various regulations govern online information, including provisions against misinformation, defamation, and activities that threaten national security.
  • Restrictions on Journalists:
    Journalists face limitations on reporting, including restrictions on social media use and access to information.
  • Enforcement:
    Journalists and media workers can be arrested and punished under media guidelines and general laws, including those related to defamation, national security, and hate speech.
  • Internet Censorship:
    Numerous websites and online platforms are blocked in China, and the government actively monitors and controls online content.
• Impact on Press Freedom:
  China consistently ranks low on international press freedom indices, indicating a severe lack of media freedom.

How Social Media Can Disrupt Personal Sleep Routine

• Sleep Disruption:
  Social media use displaces sleep time and impacts sleep quality. Regular notifications disrupt the cycle of sleep and wake, so it is short and restless. Blue light from devices inhibits the production of melatonin and fools the brain into being awake.
• Academic Performance:
  Late-night social media use is a common behavior among college students, with students often setting the behavior as a reason to delete sleep, which in turn reduces learning capacity, causes sleep deprivation, and breaks your cycle, affecting academic performance.
• Physical Activity and Exercise:
  Cuts in physical activity when our spin town social media depiction hour is taken out of physical activity trade off wellness-driven behaviors for sedentary behaviors, enhance inactivity more than nutritional choices, and reduce physical well-being.
• Reduced Social Interaction in Real Life:
  The surgeon general has repeatedly warned that too much screen time prevents young people born after 1970 from having real talk. This in turn weakens their social skills, lowers their overall life satisfaction, and hampers communication skills development. It rebelliously processes against mental health implications research on being lonelier when browsing passive social media and when you are actually posting, even as you are superficially connected with others.
• Free Balancing for People and Businesses:
  The impacts of some of these adverse effects may be reduced, if not entirely eliminated, by people and companies. For example, actively manage and reduce the time you spend on your wireless devices in areas negatively affected by wireless devices and carriers.
• Real-world Interaction:
  Avoid using your wireless device as an alarm clock. These meters can restore balance and improve the mental well-being of humans.

Business Law Considerations for Corporate

• Social Media:
  • Understanding Platform:
    Guidelines familiarise yourself with each social media platform’s specific terms of service. Different platforms have varying requirements regarding content balance and advertising limitations. Review these guidelines regularly, as they frequently change.
• Intellectual Property:
  Protection using others’ creative works without permission is legally hazardous. Always verify you have proper licensing before incorporating external content like music or logos into your posts.
• Data Privacy Management:
  Exercise caution with shared images and content that might inadvertently expose confidential information, including trade secrets, client data, or medical information.
• Misinformation Mitigation:
  Businesses must implement systems to identify and address false claims or defamatory statements, whether through formal press releases or appropriate corrections.
• Advertising Compliance:
  When engaging influencers, ensure all sponsorships are clearly disclosed and verify all promotional claims are accurate and substantiated.
• Employee Education:
  Don’t assume staff understand social media risks. Conduct regular training sessions to inform employees about sharing restrictions and their underlying rationales.

Relevant Legal Precedents

• Marico Ltd. v. Abhijeet Bhansali:
  The court ordered the removal of misleading content about a product, emphasizing heightened responsibility for influencers.
• Google v. Vishakha Industries:
  Examined intermediary liability under IT Act Section 79 for defamatory content hosted on platforms.
• Anil Kapoor v. Simply Life India:
  Established protection for personality rights against unauthorized commercial use, particularly regarding emerging technologies like AI.

Conclusion and Suggestions:
The media law in global countries like USA ,Canada, Syria,China and North Korea etc .are strictly prohibited the many news channels or television network for broadcasting nudity, sexual explicitness in film, many vulgar advertisements of women and have many strict provisions to protect child from social media harms but in India this strictness is not shown, people are very liberal here ,the media use to write, advertise whatever they want ,there are no strict provisions or any acts , the government of India should implement such acts or provisions who strictly prohibit this issues.

The impact of media on mental health is indisputable in a world that is becoming more digital and media-rich. From false information and damaging content to cyberbullying and exaggerated depictions of reality, people—especially children and vulnerable populations—are more at danger of psychological injury.

Public mental health must be given priority in a balanced approach, even though freedom of the press and of expression are still essential components of democratic society.The legal systems in place in many nations are either too general or are unable to keep up with the quickly changing digital landscape. Therefore, in order to protect people from mental health problems caused by media, additional legal protections are necessary.

References:

• timesofindia.indiatimes.com
• Constitutional law of India By – D.D. Vasu
• Uttaranchal University, Dehradun
• www.legalauthority.in
• Gerasimenko, Olga. “The War of Words? The Role of New Media in State Propaganda…
• huggingface.co
• vc.bridgew.edu
• College of Southern Nevada, West Charleston Campus
• Indian Institute of Management Rohtak
• El Camino Real High School
• University of Auckland
• O. P. Jindal Global University
• www.globalresearch.ca
• www.supremecourtcases.com
• Archana Sridhar. “Academic Freedom as Content Moderation: A Framework in Fa.
• University of Mary
• sociology.uok.edu.in
• Punjab Technical University
• NALSAR University of Law Hyderabad

Award-Winning Article Written By: Mr.Karan Singh Yadav
Under Supervision Of: Anupriya Yadav