CP / XI (6) /144 / ( Prohibtory Order) / 2020.
THE COMMISSIONER OF POLICE, GREATER MUMBAI.
ORDER
(UNDER SECTION 144 OF CRIMINAL PROCEDURE CODE-1973)
WHEREAS based on the declaration issued by World Health Organization on 11/03/2020 characterizing the outbreak of COVID-19, a global pandemic and the subsequent notifications issued by Government of India and Government of Maharashtra under the Epidemic Diseases Act,1897, it has been observed that there is widespread dissemination of fake news, incorrect information, misinformation, and other such objectionable content in the form of messages, videos (both edited and self-created), images or memes (both edited and self-created), audio clips and other such forms of communication over internet messaging and social media platforms like WhatsApp , Twitter, Facebook, Tiktok, Instagram etc.. Such type of content has been found to have caused panic, confusion among the general public, inciting mistrust towards government functionaries and their actions taken to control the COVID-19 pandemic and also to have created animosity towards various communities.
2. Therefore,it is apprehended that dissemination of such information in any form can lead to a law and order situation and that there is danger to human health or safety or a disturbance of the public The undersigned in the capacity of Executive Magistrate is fully satisfied that there are sufficient reasons / grounds for passing prohibitory orders under section 144 of Criminal Procedure Code (CrPC)-1973 to ensure that there is no danger to human health or safety or a disturbance of the public tranquility.
3. WHEREAS it is considered expedient to issue prohibitory order for restricting any dissemination of information through various messaging and social media platforms which is found to be incorrect, derogatory and discriminatory towards a particular community, distortion of facts, causing panic and confusion among the general public, inciting mistrust towards government functionaries and their actions taken in order to prevent spread of the COVID-19 virus and thereby causing danger to human health or safety or a disturbance of the public tranquility in the areas under the control of Commissioner of Police, Greater Mumbai.
4. THEREFOREI, Pranaya Ashok, Commissioner of Police (Operations), Greater Mumbai and Executive Magistrate, vide powers conferred upon me u./sec 144 of the Criminal Procedure Code 1973 (Act II of 1974) r/w the Commissioner of Police Greater Mumbai’s Order dated 23/12/1959 u/s 10 sub section (2) of the Maharashtra Police Act 1951 (Mah. Act XXII of 1951), with a view to prevent danger to human health or safety or a disturbance of the public tranquility, do hereby, promulgate an order under section 144 Cr.PC, in the areas under the control of Commissioner of Police, Greater Mumbai, prohibiting any person or group of persons from:
i. dissemination of information through various messaging and social media platforms like WhatsApp, Twitter, Facebook, Tiktok, Instagram etc. and found to be incorrect and distorting facts; or
ii. derogatory and discriminatory towards a particular community;or
iii. causing panic and confusion among the general public;or
iv. inciting mistrust towards government functionaries and their actions taken in order to prevent spread of the COVID-19 virus and thereby causing danger to human health or safety or a disturbance of the public tranquility.
5. Allpersons designated as “Admin” on messaging and social media platforms, either by self or by allowing any member of the group, shall be personally responsible for any such information being disseminated from a group administered by them.
6. It shall be the personal responsibility of all persons designted as ” Admin” on messaging and social media platformasto report ny such malicious, incorrect or derogratory content posted by a member of the group to the Police immediately.
6. This order shall come into force, in the arrears under the control of commissioner of Police, Greater Mumbai, with effect from 12.00 hours on 10/04/2020 and ending at 24.00 ours on 24/04/2020 unless withdrawn earlier.
7. Any person or group of person contraveing this order shall be punishable under section 188 of the Indian Penal Code.
8. As the notice cannot be served individually on all concerned, the oder is hereby passed ex-parte.It shall be Published for the information of Public, through press, or by affaxing copies on the Notice Boards of the Police station, Divisional ACPs , Zonal DCsP.
Given under my hand and seal this onday of the 10th April, 2020 at Mumbai.
Office of the
Commissioner of Police
Greater Mumbai.
(Pranaya Ashok)
Dy. Commissioner of Police (Operations)
and Executive Magistrate.
Greater Mumbai.
