Social Media Influencers Spreading Unsubstantiated Beliefs And Superstitions – Need To Upgrade Our Laws?

Social Media Influencers (SMIs), as the name suggests, hold immense power and influence over public perception in the present digital age. With the ever growing several thousands and lakhs of digital consumers watching and sharing such SMIs content on the internet, the consumers' ideologies, actions and behaviours get majorly influenced. This power of influencing public at large through social media tools acts as a double-edged sword. While it plays a beneficial role for educational and certain social purposes, the downsides of such outreach including posts which promote, intentionally or otherwise, practices which harm the society at large, cannot be neglected. An example of the latter, which is going to be elaborated and explained in this piece, is the widespread of unsubstantiated beliefs and superstitions. Deeply ingrained in cultural traditions, such beliefs and superstitions are now widely disseminated online, frequently under the guise of religion or spirituality or self-improvement.

The usage of the internet and social media on account of its characteristics over physical form of literature, science and scholarly articles is rampant. The likelihood to fall prey to superstitious practices and pseudoscientific acts promoted by self-proclaimed experts who many a times also happen to be self-styled spiritual gurus and babas, thus increases. A serious question is posed to all of us collectively as to understanding this shift from the erstwhile 'baba culture' to this new range of self styled sadhaks/upasakas overselling underpriced remedies for good luck, wealth (also read lakshmi), revenge, getting an ex-lover back and what not!

Since the COVID-19 pandemic, many have tapped into an unfiltered and unrestricted market of creating YouTube videos, Instagram reels and other forms of virtual audio visuals, readily available to the masses at their fingertips. This content includes a variety of themes and topics which includes the promotion of quick substitutes for the lengthy and tedious texts of the Shashtras on the details as to the paddhatis (techniques) of worship and rituals. This results in the curiosity of viewers making them adhere to and test such advice and treatments with no scientific or spiritual or professional backing. This also takes foundation upon the already existing superstition culture prevalent in the Indian cultural context. Superstitions create fear and induce anxiety within people, contributing to shaping their beliefs and dictating their behaviourisms. When such superstitions are further fed into with spiritual persuasive sadhakas/upasakas acting as SMIs addressing common concerns, people tend to fall trap to such narratives.

India's superstitious practices and belief systems are deep rooted within prevalent cultures and mannerisms, being passed down from one generation to another. Examples of such superstitious practices include the taboo associated with a black cat crossing one's path, refraining from clipping their nails and chopping hair on specific days of the week, tying one's hair up post sunset on account of evil spirits, among innumerable others. In some instances, these beliefs are to an extent of performing eerie 'black magic' rituals, strongly manifesting the downfall or intending to cause damage to others. A common theme associated across these practices is the reinforcement of gender, caste and societal prejudice to manifest the zeal to attain quick results. A discriminatory branch to it is explored in the form of rituals performed on women to ensure "happy marriages", oppressed castes unjustly held responsible for misfortunes and discriminated against, etc. Common acts of witch hunting, i.e., violent attacks, sometimes homicide of women believed to have been possessed and dawning misfortune upon a region or community. Another most prevalent superstition is the reliance on life predictions based on astrology, wealth-boosting vastu advice, getting married, getting a child, and rites to fend off the "evil eye", especially before significant events in one's life.

These practices and actions upon such beliefs are not only of social and cultural significance but also give rise to legal chaos. As discussed previously, SMIs and brands frequently work together to market astrological items, spiritual healing programs, or vastu-related goods, thus knitting themselves into the legal chaos. Many of these goods and their promotors make unsubstantiated claims and trick customers into their made-up enhancement of health, love life, or financial situations. The commercialisation of superstition is facilitated by sponsored postings, fraudulent influencer endorsements, and misleading marketing. This gives rise to a pertinent question of legal accountability and check on the spread of such disinformation.

While there do exist multiple anti-superstition laws across jurisdictions within India, there is a lack of one uniform Central legislation on the same. A few examples of state laws include but are not limited to The Maharashtra Prevention and Eradication of Human Sacrifice and Black Magic Act (2013), the Karnataka Prevention of Evil Practices and Black Magic Act (2017), the Odisha Prevention of Witch-Hunting Act (2013), and the Assam Witch Hunting (Prohibition) Act (2015). While these laws are a forward step towards curbing such superstitious practices, they lack the required scope and enforcement to battle such complex spiritual turmoil on social media, which has now extended across India without differentiating between rural/urban, educated/uneducated, etc, with SMIs playing the central role in such expansion.

Scientific temper is a style of life characterised by logical and rational thinking, using scientific and logical methods in decision-making and problem-solving, and accepting evidence-based reasoning. Article 51A(h) of the Constitution highlights the obligation to cultivate a scientific temperament. It imposes a fundamental duty on every citizen of this country “to develop the scientific temper, humanism and the spirit of inquiry and reform”. Rationality is undermined by superstition. Critical thinking, reasoning, and fact-checking abilities must be given precedence over unsubstantiated views disseminated through such social media posts. The present legal system we have fails to effectively foster a critical attitude towards such posts spreading superstition. Multiple SMIs are spreading false information and knowledge without providing any scientific context in the name of easy and quick results.

Quoting Former Justice Murtaza Fazal Ali, “It is strange that superstitious beliefs should still persist in an age where science has made such progress and rationalism dominates over thinking. Yet we find a few stray cases where baseless and unfounded superstitions entertained by an educated person may lead to a family disaster”.^[1] Educational and social awareness fostering applicability of rational and logical minds while undermining the unfounded and baseless superstitious practices propagated specially by such SMIs remains as a need of the hour.

While it is the responsibility of the masses to understand and curate the downsides of indulging in superstitious practices, the liability of social media platforms to curb the all-pervasive recent rise of SMIs engaging in the spread of deceptive social media trends, cannot be denied. Such platforms are required to proactively account for reforms and modifications to the operationality of their applications so as to circumvent and curb the spread of misleading information in the given context. The commercial interest of companies by the spread of such sensitive and manipulative content that goes viral by feeding onto the curiosities of the public, is undeniable. These organisations need to create and implement content moderation guidelines to stop dangerous false information from spreading, owing to the involvement of larger public interest. Social media behemoths are also required to work with fact-checking groups to identify and eliminate deceptive content. It remains doubtful, whether such self restraint be exercised at all, or even if it is, to what extent!

While Freedom of Speech is a significant fundamental right in the Indian Constitution, it is, however, subject to reasonable restrictions. Weighing such a factor, it is high time for the Government to interfere and bring appropriate legislations for the same which would not only impose penalties on these SMIs but also hold the intermediaries accountable. This may include criminal consequences such as warnings, fines or community service by the offenders as mandated by the latest criminal laws in the country or even heavy fines and imprisonment for serious offences or repeat offenders.

Above all, national legislations would aim to achieve what state legislations cannot. These laws will have jurisdiction across the country which would bring all SMIs within the country under its jurisdiction. Moreover, these laws have to take into account the growth and development in technology and the address of issues of proliferation of these superstitions on a macro level compared to the micro level which the current statutes are best suited for.

There exist both advantages and disadvantages to social media's increasing power to shape public opinion. Although digital platforms can be utilised to disseminate knowledge, they are increasingly abused to support fraud, disinformation, and superstition. These unregulated SMIs have the potential to seriously damage society, the economy, and people's mental and psychological health if no legal measures are structured. To enforce stronger laws, advance scientific education, and hold disinformation propagators accountable, governments, social media corporations, and regulatory agencies must collaborate. India must adopt logical thinking in place of blind faith if it wants to advance as a progressive civilisation. Not only is this battle against regulating superstition and unsubstantiated beliefs propagated by SMIs, but it is also a battle for our collective future as a civilized society! Till then, fingers crossed!

Author is Advocate on Record at Supreme Court of India. Views Are Personal. 

Credits to Swapnil Upman, Student at O.P.Jindal School of Law, for assistance.

1. Ashok Laxman Sohoni v. State of Maharashtra, (1977) 2 SCC 103 ↑