New Delhi, Oct 26: Amid a spate of hoax bomb threats to multiple airlines, the IT Ministry has asked social media platforms to observe due diligence obligations and promptly remove or disable access to misinformation within the strict timelines prescribed under IT rules.
The Centre also asserted that apart from removing or disabling access to such misinformation, social media intermediaries have additional liability under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to mandatorily report certain offenses perceived to be committed by any user of their platform including those with intent to threaten the unity, integrity, sovereignty or security of India.
The Government, in an advisory, reminded social media intermediaries that they are obligated under IT rules to provide information under their control or possession and assist investigative agencies within a stipulated timeline of up to 72 hours.
The move 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.
“In addition to the above, the IT Rules, 2021 obligates the intermediaries to provide information under its control or possession, or assistance to the Government agency which is lawfully authorized for investigative or protective or cyber security activities, for verification of identity, or for the prevention, detection, investigation, or prosecution, of offenses under any law for the time being in force, or for cyber security incidents, well within the stipulated timeframes (as soon as possible but not later than 72 hours),” the advisory issued by IT Ministry said.
The advisory said that considering the “serious nature of the situation”, the Ministry of Electronics and Information Technology “reminds with emphasis” that all the intermediaries including social media intermediaries must make reasonable efforts to disallow such malicious acts including hoax bomb threats from being disseminated on their platforms.
The intermediaries including social media intermediaries must observe their due diligence obligations that include the prompt removal or disabling access to such unlawful information specified under the IT Rules, 2021, including hoax bomb threats, well within the strict timelines as prescribed under the IT Rules, 2021.
The government said that Social media intermediaries have a due diligence obligation under the Information Technology Act, 2000 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,” the IT Ministry 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 apply 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.
