Admins Of Facebook & WhatsApp Groups Can Be Jailed For Fake News & Offensive Posts In Their

In a move to counter the rising incidence of fake news and offensive posts, Varanasi district magistrate (DM) Yogeshwar Ram Mishra and SP Nitin Tiwari issued a joint order stating that an FIR (first investigation report) can be filed against a social media group’s administrator (admin) if factually incorrect information, rumours, morphed images or misleading information is circulated on her/his social media group.

The joint order stated, “There are several groups on social media which are named on newsgroups and also groups with other names which are propagating news and information which is not authentic. These are being forwarded without cross-checking.”

According to the DM and SP, the responsibility for misinformation spread through a group on, say, WhatsApp, should be borne by the admin of that group.

The new regulations

• If any statement is made by a group member which is fake, can cause religious disharmony, or rumour, the group admin must deny it on the group and remove the member from the group.

• In the event of inaction from the group admin, he or she will be considered guilty and action will be taken against the group admin.

• Such a post must also be reported to the nearest police station so that action can be taken against the member under the law.

• Orders of the Supreme Court and various High Courts will be considered while initiating action.

• “While freedom of expression on social media is important, it also comes with a responsibility,” the order said.

In the event of violation of any of the above guidelines, a case under the Information Technology (IT) Act will be filed.

The move comes in light of the instances of violence that sparked due to misinformation spread of social media. These are a few examples:

1. How Rumours On Whatsapp Destroyed The Reputation Of The Famous Hyderabadi Hotel

2. 22-Year-Old Jharkhand Man Arrested For WhatsApp Message On Beef, Dies After Being Tortured In Custody

3. “Fake News” Shared On Social Media Affects The Whole World; This Crisis Needs To Be Addressed Urgently

However, it is unclear how the Varanasi police will enforce these new rules, given the lack of personnel and the fact that in order to identify incorrect information on social media they will have to police private and secret groups on Facebook and WhatsApp.

The new regulations, obviously, do not apply for the entire country, only under the jurisdiction of the Varanasi police.

Additionally, the constitutionality of the new regulations will be contested fiercely as a case can easily be made that they are in violation of the right to free speech and privacy.