IT Ministry Issues Advisory for Social Media Platforms on Bomb Threat Calls

The IT Ministry has issued an advisory on bomb threat calls. The Ministry of Electronics and Information Technology has issued a guideline amid the constant bomb threats to planes. It will be the responsibility of social media platforms to remove such information and inform security agencies about it.

Guidelines have been given under the due diligence to be followed by intermediaries under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Code of Conduct) Rules, 2021.

The IT Ministry has said that, in the last few days, various airlines operating in India have received several fake bomb threats through various means including social media intermediaries. Airlines, passengers and security agencies are being affected due to such fake bomb threats. This disrupts the normal operation of airlines.

The ministry has said that instances of malicious acts in the form of fake bomb threats to airlines pose a potential threat to public order and the security of the state. Such fake bomb threats affect a large number of citizens as well as destabilize the economic security of the country.

Further, the scale of dissemination of such fake bomb threats is dangerously uncontrolled due to the availability of options of "forwarding/re-sharing/re-posting/re-tweeting" on social media platforms. Such fake bomb threats are mostly misinformation that disrupts public order, operations of airlines and safety of airline passengers on a large scale.

The IT Ministry has said that, in this regard, it is to be noted that intermediaries, including social media intermediaries, have an obligation of due diligence under the Information Technology Act, 2000 ("IT Act") and the Information Technology (Intermediary Guidelines and Digital Media Code of Conduct) Rules, 2021 ("IT Rules, 2021") to promptly remove such misinformation that affects public order and the security of the State.

As part of such due diligence obligations, it is the responsibility of the concerned intermediaries, including social media intermediaries, to promptly take action as required under the IT Rules, 2021 by not allowing any user to host, display, upload, modify, publish, transmit, store, update or share any unlawful or incorrect information. Further, the exemption from liability for any third-party information, data or communication links made available or hosted by social media intermediaries provided under Section 79 of the IT Act shall not apply if such intermediaries do not comply with the due diligence obligations prescribed under the IT Act along with the IT Rules, 2021 or assist in committing an unlawful act.

The guidelines state that, in case of failure of intermediaries to comply with the due diligence obligations 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 others.