MeitY Calls For Better Diligence And Reporting Of Misinformation Under IT Act

The Ministry of Electronics and Information Technology or MeitY has, in an advisory note, called for better diligence from social media intermediaries. This is in light of the spate of hoax bomb threats on social media that has disrupted the operational efficiency of multiple airlines.

"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 the 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 travellers," the advisory stated.

The note further, called for better diligence while passing on information on social media, under the IT Act.

In this regard, 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, said the note.

The note also calls for intermediaries to report such misinformation once it is taken down.

"There is an additional liability on concerned intermediaries under the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) to mandatorily report certain offences perceived to be committed by any user of their platform that includes, among others, any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India," the note stated.

The intermediaries now need to provide information under its control or possession, or assistance to the Government agency which is lawfully authorised for investigative or protective or cyber security activities. This is for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences and for cyber security incidents, that are well within the stipulated timeframes.