Jammu admin cracks down on social media content to prevent communal tension; read full order

The Deputy Commissioner of Jammu has issued an order to prevent communal tensions in the region due to misinformation and rumours on social media platforms.

Read the detailed order below:

The District of Jammu is a region of profound religious, linguistic and ethnic diversity, and its communal harmony is of paramount importance to the peace, security and well-being of all of its residents; and

Social media platforms including WhatsApp, Facebook, X (formerly Twitter), Instagram, YouTube, Telegram and similar digital platforms have been increasingly misused to spread communally provocative, false, and inciting content, which has the potential to disturb public peace, cause communal tensions and endanger lives and property; and

The dissemination of inflammatory content, morphed images, fabricated videos and false narratives through social media has been identified as a significant threat to public order in sensitive districts such as Jammu; and

Article 19(2), Constitution of India permits the State to impose reasonable restrictions on the right to freedom of speech and expression in the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence; and

Information Technology Act, 2000 specifically Section 69A, authorizes competent officers to direct blocking of access to online information in the interest of sovereignty, integrity, defence, security of the State, friendly relations with foreign States or public order; and

The District Magistrate, Jammu, being satisfied that immediate preventive action is necessary to maintain public order, communal harmony and tranquility in the district.

PROHIBITED ACT

With immediate effect, the following acts are strictly prohibited within the territorial jurisdiction of District Jammu:-

1. Posting, uploading, sharing or forwarding any content text, image, video, audio, meme, graphic or reel that promotes enmity, hatred or ill-will between communities on grounds of religion, race, caste, community, language or region.
2. Creating or disseminating any false, fabricated or misleading information designed to incite communal tensions, riots or violence against any group or community.
3. Circulating morphed, doctored or out-of-context images or videos to misrepresent incidents and inflame communal or religious passions.
4. Using any social media platform to call for boycotts, issue threats, or incite violence against any specific community, religion, caste or ethnic group.
5. Organizing or coordinating via social media any mob, unlawful assembly or procession aimed at targeting, intimidating or harming a particular community.
6. Broadcasting or sharing speeches, content or material that wounds the religious sentiments of any community or amounts to deliberate provocation of sectarian or communal nature.
7. Spreading rumours or unverified information relating to communal incidents, law and order situations, or security-related matters within the district.

The relevant Section, Offence and Punishment is detailed below:-

Section | Act / Sanhita | Offence | Punishment

Sec. 196(1) | BNS, 2023 | Promoting enmity/hatred between groups via speech, writing, signs or electronic communication including social media | Up to 3 years imprisonment + fine, or both

Sec. 196(2) | BNS, 2023 | Same offence committed at a place of worship or during religious ceremonies | Up to 5 years imprisonment + fine

Sec. 197(1) | BNS, 2023 | Imputations or assertions prejudicial to national integration via electronic communication | Up to 3 years imprisonment + fine, or both

Sec. 152 | BNS, 2023 | Acts endangering sovereignty, unity and integrity of India via words, signs or electronic communication | Up to 7 years or life imprisonment + fine

Sec. 353 | BNS, 2023 | Statements conducing to public mischief; content inciting a community to commit offence against another | Up to 3 years, or fine, or both

Sec. 298 | BNS, 2023 | Uttering words with deliberate intent to wound religious feelings of any person | Up to 1 year, or fine, or both

Sec. 69A | IT Act, 2000 | Non-compliance with directions to block or remove online content; threat to sovereignty, public order | Up to 7 years imprisonment + fine

Rule 3(1)(b) | IT Rules, 2021 | Failure of intermediary to act on prohibited content violating public order or communal harmony | Loss of safe-harbour protection; civil and criminal liability

DIRECTIONS TO CITIZENS AND SOCIAL MEDIA USERS

1. All residents of District Jammu are directed to immediately refrain from posting, sharing or forwarding any content falling under the prohibited categories listed in Section III above.
2. Any person receiving inflammatory, communal or inciting content on any messaging or social media platform shall not forward the same and shall promptly report it to the nearest Police Station, the Cyber Crime Unit, or through the designated helpline.
3. Administrators and moderators of WhatsApp groups, Telegram channels, Facebook pages, YouTube channels and other community forums operating within or targeting residents of District Jammu shall bear joint responsibility for ensuring that no prohibited content is circulated through their platforms. Failure to act on reported prohibited content shall attract liability under applicable law.
4. All persons are directed to verify information from official and credible sources before sharing any content relating to communal, religious, security or public order matters. The official social media handles of the District Administration and Police shall be the authoritative source during any sensitive situations.
5. Any person with knowledge of individuals or groups planning to circulate inflammatory content to destabilize communal harmony is duty-bound to report the same to law enforcement authorities.
6. No one shall disseminate information through electronic means or otherwise that has tendency to evoke or excite separatist or secessionist feelings or which endangers sovereignty, unity and integrity of India.

DIRECTIONS TO SOCIAL MEDIA INTERMEDIARIES

1. Pursuant to Section 69A of the Information Technology Act, 2000 and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, all social media intermediaries operating in India are directed to expeditiously act upon complaints and takedown notices issued by authorized officers of the District Administration regarding content violating public order and communal harmony.
2. The Sahayog Platform (Ministry of Electronics and Information Technology, Government of India), which enables district-level officers to submit content takedown requests to social media platforms, shall be actively utilized by designated officers for immediate action.
3. Social media intermediaries are directed to ensure compliance with takedown orders within the stipulated time frame under the IT Rules, 2021, failing which loss of safe-harbour protection and further legal action under Section 69A of the IT Act shall be initiated.

ENFORCEMENT MECHANISM

1. The Sr. Superintendent of Police, Jammu is directed to enforce this Order and ensure prompt registration of FIRs against violators without any undue delay.
2. The Cyber Crime Unit, Jammu shall undertake 24×7 surveillance of social media platforms to proactively identify, monitor and report prohibited content to the District Administration for immediate action.
3. Special Social Media Monitoring Cells shall be constituted at the Sub-Divisional level under the supervision of the respective Sub-Divisional Magistrates (SDMs) to ensure grassroots-level monitoring and compliance.
4. Violations of this Order shall attract simultaneous action under relevant sections of BNS 2023, IT Act 2000 and under this Order itself. Multiple charges may be framed depending on the nature and gravity of the offence.

DURATION AND APPLICABILITY

This Order shall come into force immediately upon issuance and shall remain in force for a period of 60 (sixty) days from the date of issuance, unless extended, modified or revoked earlier by a subsequent order.

This Order shall apply to all persons within the territorial jurisdiction of District Jammu, regardless of the platform used or the physical location from which the content is posted, provided it targets, affects or is likely to affect public order within the district.

This Order is in addition to, and not in derogation of, any other Order, Act, Rule or Regulation in force relating to the maintenance of public order and communal harmony.