COVID-19: Nagaland Police issues 'advisory' for social media platforms
Some of the relevant sections of IPC, IT Act, CrPC and EDA Act quoted by the Nagaland Police in its advisory. (Morung Infographic)
Advisory cautions against posting fake news, hate speech or misinformation in WhatsApp group or other social media platforms and says law enforcement agency ‘will take stern action against such perpetrators’
Morung Express News
Dimapur | April 17
The Nagaland Police, on April 17, has issued an advisory regarding the responsibilities of every social media user and administrator should take amidst the COVID-19 outbreak.
Some of the platforms Nagaland Police mentioned in its advisory which was posted on its Twitter handle were WhatsApp, Facebook, TikTok, and Telegram.
Explaining the advisory, the Nagaland Police said that a lot of fake news, misinformation and hate speech messages are being circulated on instant messaging platforms, like WhatsApp, etc.
The advisory, issued by the Office of the Director General of Police, Nagaland Police Headquarters, has some ‘Do’s and Don’ts’ points for the members and admins of such groups on social media platforms to remember.
WHAT SHOULD ONE DO AS A MEMBER OF GROUPS IN MESSAGING PLATFORMS:
-Do not post fake news, hate speech or misinformation in groups. It's an offence under Section 54 of DMA 2005, Section 66 and 79 of IT Act 2008 and Section 505 of IPC.
-Do not further forward or circulate any such news you get from other members of the group.
-Immediately delete any post if you find it objectionable or if the admin has notified you.
- Check the source and veracity of any news/image/video/meme you receive, before positing it on the group.
-If one finds any piece of misinformation, fake news or hate speech, report it on www.cybercrime.gov.in, www.police.nagaland.gov.in or to the nearest police station, and also inform your group admin immediately.
- Never share any content that is violent, pornographic and discriminative against any religion/community. It's an offence under Section 54 of DMA 2005, Section 66 and 79 of IT Act 2008 and Section 505 of IPC.
WHAT SHOULD AN ADMIN OF MESSAGING PLATFORMS DO:
-Ensure that every group member is reliable and responsible enough to share only verified news.
-Inform all the group members about the rules of posting in the group.
-Warn all the members and prevent them from sharing objectionable content.
-Actively and regularly monitor content that is being shared on the group.
-It is advisable that if the group is uncontrollable, then the group settings can be changed to only where admins have the right to post.
-Inform the police if any members resort to mischief and share objectionable content.
APPEALS CITIZENS
Meanwhile, the advisory also urged all citizens to not “post, share, forward, disseminate, any message, content, pictures or photos, videos anything that could promote enmity on grounds of tribe, religion, nationality, race, language and other grounds of discrimination or disrupt public order, decency and morality.”
If such act is committed, the law enforcement agency will take stern action against such perpetrators, it said.
The law enforcement agencies have power under law to take legal action against anyone who spreads rumours and causes a state of panic and unrest between religious communities in this state of crisis, it added.
Violations will be dealt with firmly as per law including apprehension of the offenders and appropriate action under the preventive sections of law, the police informed.
The Nagaland Police said that the violators will be prosecuted under various relevant sections of IPC, IT Act, CrPC and EDA Act.
“Stay Safe. Stay quarantined. Stay away from fake news and hate speech,” the Advisory added.
SOME OF THE LEGAL CONSEQUENCES
The admins as well as the users posting such objectionable content could be punished under: (See featured Image)
1. Section 153A of IPC:
Nature of Offence: Punishes offenses related to promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
Punishment: Imprisonment upto 3 to 5 years, fine (or both).
2. Section 153B of IPC:
Nature of Offence: Punishment against imputations and assertions prejudicial to national integration.
Punishment: Imprisonment upto 3 years or fine (or both).
3. Section 295A of IPC:
Nature of Offence: Actions that are intended to outrage religious feelings of any class by insulting its religion or religious beliefs.
Punishment: Imprisonment upto 4 years or fine (or both).
4. Section 505 of IPC :
Nature of Offence: Spreading of false and mischievous news intended to upset the public tranquillity.
Punishment: Imprisonment upto 3 years or fine (or both).
5. Sec 188 of the IPC
Nature of Offence: Punishment for disobeying any order duly promulgated by a public servant.
Punishment: Imprisonment for 6 months or fine (or both).
6. Section 66C of the IT Act
Nature of Offence: Punishment for identity theft and says that whoever, fraudulently or dishonestly make use of the electronic signature, password or any other unique identification feature of any person.
Punishment: Imprisonment upto 3 years and fine upto rupees one lakh.
7. Sec 66D of the IT Act
Nature of Offence: Punishment for cheating by personation by using computer resource.
Punishment: Imprisonment upto 3 years and fine upto rupees one lakh.
8. Section 79 of IT Act
Nature of Offence: Includes all social media platform viz. WhatsApp, Facebook, Tiktok, Telegram, etc. as the 'intermediaries.' Any violations of these social media apps of IT (Intermediary Guidelines) Rules 2011 which includes information that is grossly harmful, harassing, invasive of another's privacy or otherwise unlawful would amount to an offence in conjunction with other laws. Punishment: Imprisonment as per the various provisions of IPC, DMA 2005 and IT Act 2008.
9. Sec 54 of Disaster Management Act
Nature of Offence: Provision /forwarding of misleading information the related to severity/magnitude of the epidemic which may lead to panic.
Punishment: Imprisonment which may extend to 1 year or with fine.
10. Section 144 &144 (3) of Criminal Procedure Code 1973
Nature of Offence: Where orders by the Commissioner of Police or Dimapur/DCs of other districts, against such WhatsApp group can be passed. These orders can direct the group settings to be changed so that only group admins/owners can send messages.
Punishment: Even after this setting, if there are any messages sent on the group which are fake, insulting any religion, spreading hatred, bigotry messages which may create communal tensions, the admins/group owners would be held sole responsible.
11. Section 188 IPC of r/w Section 3 of the Epidemic Disease Act (EDA) 1897
Nature of Offence: Disobedience of regulations imposed under section 2&2A of EDA, 1897 are offences which also includes sharing of fake information causing obstruction to the discharge of government duty.
Punishment: Imprisonment upto 1 year and fine under Section 54 DMA Act and Section 188 IPC with fine.
Issued by Office of the Director General of Police, Nagaland Police Headquarters, P.R. Hill, Kohima -797001, Nagaland
Report any cybercrime at www.cybercrime.gov.in , www.police.nagaland.gov.in
