Air India Flight :(File photo)
Soure: PIB
New Delhi: 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 remove unlawful content to maintain public order and security promptly.
The instances of malicious acts in the form of hoax bomb threats to such airlines lead to potential threats to the public order & security of the state. Such hoax bomb threats while affecting a large number of citizens also destabilise the economic security of the country. Further, the scale of the 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 massively disrupts the public order, operations of airlines, and security of 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 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 (“BNS”).
