Indian civil aviation is going through a chaos owing to false security call, and amid the unabated hoax bomb threats to the carriers through various Internet platforms, the Indian Government on Saturday directed social media intermediaries like X and Meta to ensure due diligence and promptly remove misinformation that affects public order and security of the state.
In an advisory, the IT Ministry said such hoax bomb threats are mostly misinformation that is massively disrupting the public order, operations of airlines and security of airline travellers.
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.
Indian airlines have received more than 100 hoax bomb threats in a few days, forcing delays and emergency landings.
"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."
The advisory further stated that 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.
"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.
Apart from removing or disabling access to such misinformation under the IT Rules, 2021 as part of the reasonable efforts to be undertaken,
"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".
Amid a surge in hoax bomb threats, Civil Aviation Minister Ram Mohan Naidu has expressed serious concern, saying the government is committed to taking strict action against those responsible for these malicious acts.
On Friday, over 20 flights of various airlines reportedly received bomb threats.
"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 IT Ministry said.
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 ministry.
The Ministry has reiterated the following key responsibilities for intermediaries including the social media intermediaries:
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