J-K admin imposes curbs on inflammatory social media content for 60 days

Jammu: Citing threats to public order and communal harmony, the Jammu & Kashmir administration on Thursday imposed a blanket ban on sensitive social media posts. The decision is to prevent publishing or sharing communally sensitive and inflammatory content on social media platforms across Jammu district for a period of 60 days.

As in other places, social media platforms have been fouond to be misused at an increased rate with communally provocative, fake and inciting content which carry the risk of disturbing peace and causing communal tensions. Disturbances following these are feared to cause loss to life and property.

"In exercise of the powers conferred under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), I hereby order that 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 is strictly prohibited within the territorial jurisdiction of district Jammu," District Magistrate Dr Rakesh Minhas said.

The BNSS empowers the district magistrate to pass orders to prevent obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or disturbance of public tranquillity, or a riot, or an affray.

The District Magistrate stated in the order that with immediate effect, certain acts are strictly prohibited within the territorial jurisdiction of Jammu district.

"These measures have been put in place to maintain public order and prevent misuse of social media for activities that may disturb communal harmony," the order read.

The creation or dissemination of any false, fabricated or misleading information designed to incite communal tensions, riots or violence against any group or community has also been banned, it said.

The order further prohibits circulating morphed, doctored or out-of-context images or videos to misrepresent incidents and inflame communal or religious sentiments. It also bars the use of any social media platform to call for boycotts, issue threats, or incite violence against any specific community, religion, caste or ethnic group.

While there has been widespread criticism that many district and state administrations have failed to take action against social media posts that spread hatred and create a communally charged situation, there has been no dearth of actions against social media posts that criticise the government and carry the views of critics. In many cases, argue critics of administration actions, provisions intended to stop divisive posts were used to clamp down on governments' detractors. Since it is how the rules are invoked that determine the effect of such restrictions, the consequent action on the new ban is a matter to be watched.

"The organising or coordinating of mobs, unlawful assemblies or processions through social media with the intent to target, intimidate or harm any particular community has been disallowed," it said. The directive also bans sharing speeches or material that hurt religious sentiments or deliberately provoke sectarian tensions.

The administration warned that violations would attract stringent action under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and the Information Technology Act, 2000, with punishments ranging from fines to imprisonment, including up to life term in serious cases involving threats to national unity and integrity.

The order, issued under Section 163 of the BNSS, 2023, provides for jail terms ranging from one to seven years under various sections for violations of prohibitory orders.

Directing citizens to exercise caution, the order urged people not to forward inflammatory content and to report such material to the nearest police station or cybercrime unit.

It also placed responsibility on administrators of social media groups and channels to prevent the circulation of prohibited content, failing which they would face legal liability.

The order further instructed social media intermediaries to comply with takedown requests issued by authorities under Section 69A of the IT Act and the IT Rules, 2021, warning of legal consequences, including loss of safe harbour protection, for non-compliance.

For enforcement, the Senior Superintendent of Police, Jammu, has been directed to ensure immediate registration of FIRs against violators, while the Cyber Crime Unit will maintain round-the-clock monitoring of online platforms. "Special monitoring cells will also be set up at the sub-divisional level." The administration said the restrictions come into force immediately and will remain in effect for 60 days unless modified or withdrawn earlier, adding that the order applies to all individuals and platforms whose content may impact public order within Jammu district.

(Inputs from PTI)