A Legal Analysis of Cyber-Enabled Wildlife Offences in India: A Qualitative Case Study of Sea Fans (Gorgonia spp.) on YouTube

Abstract

With the advent of the Internet, offences against threatened species have transitioned online. Such species are directly or indirectly traded on social media despite being protected under Indian wildlife law. A qualitative case study was undertaken to assess the preparedness of national law and policy in prohibiting such offences. Sixty-three YouTube links on sea fans in the Hindi language were accessed over 8 weeks, and the information generated by both content creators and audiences was gathered and categorized for analysis. The legal provisions were then interpreted and applied to assess the extent to which the parties involved could be held liable. Our investigation shows that of these video links, the content creators directly offered specimens for sale in 15.87% of instances, demonstrated physical possession of wild specimens in 23.81% of these posts, and were involved in both activities in 20.63% of the links, which in our analysis is explicitly prohibited under national law. The remaining 39.68% of video links merely disseminated information on the relevance or usage of species in occult or religious practices, for which no express legal provision currently exists. Certain indirect legal provisions were found to be relevant; however, there were challenges associated with their implementation. Even the liability of a social media company was found to be limited if it can be demonstrated that the company exercised due diligence. Therefore, there is a need to explicitly regulate online content that has the potential to drive an unlawful demand for protected species alongside the imposition of enhanced liability on social media companies. Such measures, coupled with community awareness, can reduce cyber-enabled wildlife offences committed through social media channels.