The Ministry of Electronics and Information Technology issued an advisory [archive] to all intermediaries, including social media platforms, reminding them of their due diligence obligations under the IT Rules, 2021, to monitor, control and remove unlawful content related to the recent Red Fort blast in Delhi. The advisory also stipulated penalties for non-compliance as per BNSS.
This isn’t the first time the government of India has strengthened its efforts to monitor and control the media and social media after an attack. For example, after the Pahalgam attack, the Indian government blocked several social media profiles, including that of a 174-year-old US-based news agency, Reuters. As a result, a Parliamentary Standing Committee was formed to study the government’s plans to take action against social media platforms hosting content against national interest. It also stated that social media influencers and platforms were “working against the interest of the country.”
What does the Advisory say?
On 21 November, nine days of the recent blast at the Red Fort, Delhi, MeitY sent an advisory note to intermediaries, noting that they have been “displaying or transmitting content related to alleged persons involved in Red Fort blasts, justifying their acts of violence and also content related to how to make explosives”.
The ministry reasoned this, saying that such “content may inadvertently encourage or incite violence, disrupt public order and pose risks to the security, sovereignty and integrity of India” and potentially can “threaten national security” and can encourage “extremist elements”.
Citing these reasons to ensure “public order, security of the state and sovereignty and integrity of India”, MietY has asked the intermediaries to comply with IT Rules and “expeditiously and proactively remove information” that can threaten the security of the state and also asked them to ensure that:
- No user is allowed to host, display, upload, modify, publish, transmit, store, update or share any unlawful, sensitive or false information.
- Make reasonable efforts not to host or disseminate such unlawful information on their platforms.
- Follow due diligence under the IT Rules and promptly remove or disable access to such unlawful content.
Additionally, without naming the specific sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, MeitY also requested intermediaries, as part of their “reasonable efforts”, to mandatorily report “certain offences” committed by users on their platforms. “Non-compliance may attract penal consequences under BNSS,” warned the Ministry.
They also asked the intermediaries to cooperate in the investigations of law enforcement agencies and requested that they provide the required information for investigative purposes, including verification of users, as well as preventing or detecting offences.
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