Hoax Bomb Threats: Government Asks Social Media Platforms To Remove Misinformation Swiftly
The Centre has also reminded intermediaries about their obligations under IT rules and Bharatiya Nyaya Sanhita and warned of "consequential action" if norms are not complied with.
New Delhi, October 26: Amid a spate of hoax bomb threats to domestic airlines, the government has issued an advisory to social media platforms such as Meta and X to promptly remove misinformation, report threats, and assist authorities within stipulated timelines.
The Centre has also reminded intermediaries about their obligations under IT rules and Bharatiya Nyaya Sanhita and warned of "consequential action" if norms are not complied with. Hoax Bomb Threats: India’s IT Ministry Urges Elon Musk’s X and Mark Zuckerberg’s Meta To Remove Misinformation, Ensure Due Diligence.
Talking tough with the social media intermediaries, The government said platforms are obligated under IT Rules, 2021 to timely assist authorised government agencies in investigations and cybersecurity "not later than 72 hours".
The advisory made it amply clear that any non-compliance with 'due diligence' requirements will lead to revocation of protection (the safe harbour shield against third party content) under section 79 and may invite "consequential action" under any law. Hoax Bomb Threats to Flights: Over 30 Flights Received Threats on October 19; BCAS Holds Meeting with Airlines in Delhi.
Turning up the heat on intermediaries, the Ministry of Eletcronics and IT's (MeitY) advisory underlined the responsibility of social media platforms to crack down on spread of hoax bomb threats. Dubbing the hoax bomb threats as misinformation, the advisory said it is massively disrupting the public order, operations of airlines and security of travellers.
MeitY stressed that social media platforms must adhere to the IT Act, 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and the Bharatiya Nyaya Sanhita (BNS), 2023 and that these platforms are required to promptly remove unlawful content to maintain public order and security.
The latest move by IT Ministry assumes significance as more than 275 flights operated by the Indian carriers have received hoax bomb threats in the past 12 days. Most of the threats were issued through social media. On Friday alone, over 25 domestic and international flights operated by Indian carriers received bomb threats.
The government had also pulled up social media platforms Meta and X earlier this week and asked them to share data about hoax bomb threat messages to airlines. The instances of malicious acts in the form of hoax bomb threats to airlines lead to potential threat to the public order and security of the state, the advisory noted.
Such hoax bomb threats while affecting a large number of citizens also destabilises the economic security of the country. Further, the scale of spread of such threats has been observed to be dangerously unrestrained due to the availability of the option of "forwarding/re-sharing/re-posting/re-tweeting" on social media platforms.
Such hoax bomb threats are mostly misinformation that is massively disrupting the public order, operations of airlines and security of the airline travelers, it noted. In an official release on Saturday, the government said that social media platforms have a 'due diligence obligation' under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 to promptly remove such misinformation that affects public order and security of the state.
"As part of such due diligence obligations, it is the responsibility of concerned intermediaries including social media intermediaries to promptly take necessary action under the IT Rules, 2021 by not allowing any user to host, display, upload, modify, publish, transmit, store, update or share any unlawful or false information," it said.
The exemption from liability for any third party information, data, or communication link made available or hosted by social media intermediaries as provided under section 79 of the IT Act does not apply "if such intermediaries do not follow the due diligence obligations as prescribed under the IT Act read with IT Rules, 2021 or abetted or aided, in the commission of the unlawful act," the official release said.
"In case of failure of the intermediaries to observe the due diligence obligations as provided in the IT Rules, 2021, the provision of section 79 of the IT Act shall not be applicable to such intermediary and they shall be liable for consequential action as provided under any law including the IT Act and the Bharatiya Nyaya Sanhita 2023 (BNS)," it further said.
The advisory underlines key responsibilities and obligations of social media intermediaries including prompt removal of misinformation, and reporting of offenses under Bharatiya Nagarik Suraksha Sanhita, 2023. According to it, social media platforms must observe due diligence obligations and disable or remove access to unlawful information, including hoax bomb threats, within strict timelines, and cooperate with Government agencies. They are also mandated to report activities or acts that threaten or are likely to threaten the unity, integrity, sovereignty, security, or economic security of India.
Further, social media intermediaries are required to provide relevant information and assistance to authorised government agencies within stipulated timeframes (as soon as possible but not later than 72 hours) to aid in investigations or cybersecurity efforts.