The Ministry of Electronics and Information Technology (MeitY) has issued an advisory emphasizing the responsibility of intermediaries, including social media platforms, to curb the spread of hoax bomb threats by the various airlines operating in India. MeitY has stressed that social media intermediaries 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 these platforms are required to promptly remove unlawful content to maintain public order and security.
The instances of malicious acts in the form of hoax bomb threats to such airlines lead to potential threat to the public order & security of the state. 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 hoax bomb 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.
Due diligence obligation under the IT Act and Rules
In this regard, it should be noted that intermediaries, including social media intermediaries have a due diligence obligation under the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT 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. Further, 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 shall 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.
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”).
The Ministry has reiterated the following key responsibilities for intermediaries including the social media intermediaries:
Prompt Removal of Misinformation: Intermediaries including social media intermediaries must observe their due diligence obligations and disable or remove access to unlawful information, including hoax bomb threats, within strict timelines.
Reporting of Offenses under Bharatiya Nagarik Suraksha Sanhita, 2023: Intermediaries must report activities or act that threaten or are likely to threaten the unity, integrity, sovereignty, security, or economic security of India
Cooperation with Government Agencies: Social media intermediaries are required to provide relevant information and assistance to authorised government agencies within stipulated time frames (as soon as possible but not later than 72 hours) to aid in investigations or cybersecurity efforts.
