The Mumbai Police issued an order that prohibits the spread of certain information through social media platforms on May 23, 2020. We have sent a representation to the Mumbai Police & the Maharashtra Home Dept. to review and amend the order. 1/10
internetfreedom.in/we-wrote-to-th…
The Mumbai Police on May 23, 2020 issued an Order under Section 144, CrPC for regulation of social media use and to curb the spread of disinformation related to the COVID-19 pandemic. 2/10
timesnownews.com/mumbai/article…
Under paragraph 4 of the Order, prohibited information includes incorrect and distorted facts as well as derogatory and discriminatory remarks which cause panic and confusion among the general public and incite mistrust towards the government. 3/10
Under paragraph 5, the Order also states that all persons designated as “admins” (administrators) on messaging and social media platforms will be held personally liable for the spread of any disinformation and derogatory and discriminatory remarks as stated above. 4/10
Under paragraph 6 of the Order, the admins have the personal responsibility of reporting such dissemination to the police. The order states that any person contravening the order shall be punishable under Section 188 of the Indian Penal Code. 5/10
This order has been challenged in the High Court of Bombay through a Writ Petition. In the writ petition, the order has been challenged on the basis that the order is vague and places restrictions on the right to free speech which are not reasonable. 6/10
livelaw.in/news-updates/m…
Legal Deficiencies with the Order
1/ Void for vagueness: The order restricts freedom of speech by failing to define the phrase “distorting facts”. 7/10
2/ Ultra vires: The order exceeds the ambit of Section 144 of CrPC.
3/ Lack of proportionality: Order under S.144 CrPC must be based on the principle of proportionality and must be the least intrusive measure. 8/10
Thus, IFF recommended:
✅Review and amend the parts which are incompatible with the rights guaranteed by the Constitution.
✅Issue an advisory with a draft SOP that draws from the “Joint Declaration on ‘Fake News’, Disinformation and Propaganda” 9/10
osce.org/fom/302796
IFF is running a membership drive to get 50 new member sign-ups this month. We urge you to support us by helping us reach our goal of 50 new members. Become a member with us today! 10/10
#WeNeed50
internetfreedom.in/become-an-iff-…
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