Delhi Police is strict on objectionable posts against PM, how is the content removed and what are the rules of punishment?

Delhi Police has come into full action mode on the objectionable, indecent and inflammatory comments made on social media against Prime Minister Narendra Modi and other senior leaders during the recent protests at Jantar Mantar in Delhi. The police is preparing to send notices to social media platforms like Facebook, Instagram and YouTube to immediately remove these inflammatory posts, videos and comments.

Making indecent remarks against any person holding any constitutional post in the name of freedom of expression can prove costly. But how does this process work legally? How does the government give instructions? What process do social media companies follow and what punishment can be given to the culprits? Let us understand this in detail…

1. How do the government and police issue instructions?

The Government of India and law enforcement agencies (such as police) have strong legal weapons to remove any objectionable post or video.

• Section 69A of IT Act, 2000: The Central Government has the special power to give instructions to block or remove any digital content in the interest of sovereignty, integrity, security and public order of the country. For this, a nodal committee works under the Ministry of Electronics and Information Technology (MeitY).
• IT Rules, 2021/2023: Under these rules, it is mandatory for social media companies that if they receive any order from the government, court or law enforcement agency, they must remove or block that objectionable content within 36 hours.
• Section 94 of BNSS: Under Section 94 of the new criminal law ‘Indian Civil Security Code’ (BNSS), the police issues a notice to the nodal officers of social media platforms directing them to remove the post and hand over the digital horoscope (IP address, mobile number, email) of the accused user.

2. What process does social media companies follow?

When a social media company receives a notice from the police or government, they follow these procedures. Companies have special nodal officers posted in India and a legal compliance team. This team checks whether the police notice is valid or not.

1. If the content does not violate the company’s global community guidelines, but is against Indian law, then the company ‘geo-blocks’ it. This means that that post or video will not be visible to anyone in India, even if it is visible around the world. In more serious cases the content is completely deleted.
2. Under Section 79 of the IT Act, social media companies get legal protection for the content posted by users. But if companies fail to follow IT rules and remove content on time, this protection will be taken away from them. This means that a direct case can be filed against the officials of the social media company for objectionable posts.

Identification of the first originator

Under the new IT rules, social media companies have to give information about serious crimes like BNS, BNSS and POCSO to the government. If necessary, messaging companies like WhatsApp may also have to disclose the identity of the ‘first originator’ (first sender) of a message on a valid order of the court or government.

3. What action can be taken against a user who posts objectionable posts?

If a user has used abusive language against the Prime Minister or other leaders on social media, then action is taken against him at two levels.

A. Action of social media company

The company can temporarily block the user’s account or terminate it forever. When asked by the police, the company hands over the login data, IP address and phone number of the accused to the police, thereby tracking the location of the accused.

B. Provision of legal punishment

Under the new criminal laws, there is a provision for strict punishment in such cases.

1. Defamation (Section 356 of BNS): Spreading false and defamatory things on social media against the Prime Minister of the country or any citizen can be punished with jail up to 2 years, fine or community service.
2. Disturbing public order (Section 353 of BNS): If there is a danger of any post or video spreading unrest in the society, inciting riots or disturbing law and order in places like Jantar Mantar, then there is a provision of jail sentence of 3 to 5 years under this section.
3. Insult with intent to provoke breach of the peace (Section 352 of BNS): Intentionally provoking someone or using abusive language can lead to a jail term of up to 2 years.
4. Section 66D of IT Act: Impersonation or fraud using computer resources (such as posting by creating a fake profile) can lead to a jail term of up to 3 years and a fine of up to Rs 1 lakh.

A 38-year-old man from Bengaluru had made objectionable remarks against PM Modi on Instagram. Police have registered a case against him under sections 196(1)(a) and 352 of the Indian Code of Justice (BNS), 2023 and sections 66 and 67 of the IT Act, 2000. Section 196(1)(a) of BNS applies to posts spreading hatred or ill-will, which can result in a prison sentence of up to 3 years. Section 352 deals with disturbing peace by intentionally insulting, which has a provision of punishment up to 2 years. At the same time, Section 66 of the IT Act provides for action in cases related to cyber crime and Section 67 of online obscene material.

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