Tuesday, September 3, 2013

MY OPINION ON THE 1992 CONSTITUTION AND HOW IT DEALS WITH SOCIAL MEDIA IN TERMS OF REGULATIONS


According to the Wikipedia online dictionary, Media can be said to be tools used to store and deliver information or data. The importance of media in any given country can never be under estimated due to the power it wields depending on how it is used. It has the power to make an innocent man look guilty and a guilty man look innocent. Radio, television and print are some of the components of media and are considered or known as traditional media. However, the emergence of the internet in recent times, has given birth to a new form of media knows as social media. Wikipedia online dictionary also defines social media as Social media refers to the means of interactions among people in which they create, share, and exchange information and ideas in virtual communities and networks. Andreas Kaplan and Michael Haenlein define social media as "a group of Internet-based applications that build on the ideological and technological foundations of Web 2.0, and that allow the creation and exchange of user-generated content. Social media depends on mobile and web-based technologies to create highly interactive platforms through which individuals and communities share, co-create, discuss, and modify user-generated content. It introduces substantial and pervasive changes to communication between organizations, communities and individuals. Examples of social media include facebook, twitter, linkedin.
The legal regime in Ghana which is the 1992 constitution has not set parameters for the activities of social media. This is because at the time the constitution was written, social media did not exist and therefore there was no need to set those parameters. However even though the constitution has put forth guidelines and regulations upon which the traditional media i.e radio, television and print should operate, some of these mechanisms indirectly influence the activities of social media. Since the constitution has not set forth parameters for the activities of social media, there have been challenges with the regulation of these activities. Some of these challenges are:
Firstly, it is difficult to monitor how information is posted on social media networks. This is because now with the evolution of mobile internet and how wide globalization has spread, it is difficult to monitor the flow of information on the social networks. While someone sits in his office in China to post a picture, someone also in his garage can equally do same. Even though the owners of such networks could try and keep an eye on activities, it would still be difficult since information flows from all over the world. It may however be noted that due to the challenge of regulating such activities, the owners of social media platforms always issue disclaimers to what people post so that they wouldn’t have to take responsibility to whatever is posted on their platform.
The second challenge is that in Ghana, there are no proper ways of monitoring how the internet and other social media platforms are used. This is because the use of social media in Ghana like a burrowed culture and since the invention and the origination of internet did not start from Ghana, the country as a whole does not have a proper mechanism for checking such activities. Also, since there are no punishments spelt out in the constitution to punish people who post pictures of other information on such websites that seek to defame others, people don’t usually care about the implications of what they post there thereby making social media look as if it’s not law abiding.
Thirdly, since the constitution has not laid down guidelines for the activities of social media, it creates a challenge in the sense that there is no form of frame work for the authorities to work on. And once there is no framework there can never be a task force or anything for the authorities to lean on a work. Unlike in article 162 clause 6 of the 1992 constitution which states that ‘any medium for the dissemination of information to the public which publishes a statement about or against any person shall be obliged to publish a rejoinder, if any from the person in respect of whom the publication was made.’ It must be noted that there are no such provisions when it comes to the use of social media. It is for this reason that most social network operators such facebook, twitter, linkedin and other networks issue disclaimers to distance themselves from what users usually post there.
Based on the above mentioned challenges, the following recommendations have been suggested.
Firstly, in order to create a law abiding social media, there should be an amendment of the 1992 constitution to set parameters for the use of social media. It should make provisions and set up rules and regulations for the use of social media. When this is done, it would go a long way to make people more responsible for what they post online.
Secondly, all stakeholders such as communication authorities, telecom operators as well as the Government must be able to invest in creating infrastructural framework that would help in monitoring activities of social media users as well as be able to track them. Some of these infrastructure should include software for tracking internet users as well as coordinating with the communication agencies to be able to take actions against their customers who violate the terms and conditions that have been set forth concerning the use of the internet as a whole.
Again, in order to create a law abiding social media, users of social media need to take responsibility between right and wrong, what is worth posting and what is not. They need to let their conciense make that judgement call. Also the regard for culture and societal norms should also help in creating a law abiding social media. This is because if users in Ghana are able to identify things that are socially and culturally acceptable, they just won’t be posting anything they like. An example is someone posting a photoshoped image of President Mahama on facebook which is not acceptable in our culture and society as a whole.
I hope with the above mentioned recommendations, Ghana will be able to create a law abiding social media.

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