Center provides advice to all intermediaries to comply with existing IT regulations
The directive specifically addresses growing concerns about disinformation enabled by AI – Deepfakes.
Misinformation enabled by AI and deepfakes: The Ministry of Electronics and Information Technology (MeitY) has issued an advisory to all intermediaries, ensuring compliance with existing IT regulations. The directive specifically addresses growing concerns about disinformation enabled by AI – Deepfakes.
The advisory requires intermediaries to communicate prohibited content, especially the content specified in Rule 3(1)(b) of the IT Rules, clearly and accurately to users. This advisory is the culmination of discussions held by Union Minister of State for Skill Development and Entrepreneurship, Electronics and IT and Jal Shakti, Rajeev Chandrasekhar during Digital India dialogues with intermediaries within a month.
The advisory stated that “The content that is not permitted under the IT Rules, in particular the content mentioned under Rule 3(1)(b), should be clearly communicated to the users in clear and precise language, including through the terms of service and user agreements and the same must be expressly communicated to the user upon initial registration and also as a regular reminder, in particular at each login and while uploading/sharing information on the platform.”
The advisory emphasizes that digital intermediaries should ensure that users are informed of penal provisions, including those in the IPC and the IT Act 2000, in case of violation of Rule 3(1)(b).
“The users must be made aware of the various penal provisions of the Indian Penal Code (IPC) 1860, the IT Act, 2000 and other laws which may be enforced in case of violation of Rule 3(1)(b). Furthermore, the terms of service and user agreements should clearly emphasize that intermediaries/platforms are required to report legal violations to law enforcement authorities under the relevant Indian laws applicable to the context,” the consultancy added.
Rule 3(1)(b) within the due diligence section of the IT Rules requires intermediaries to communicate their rules, regulations, privacy policies and user agreement in the user’s preferred language. They are also obliged to make reasonable efforts to prevent users from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing information related to the 11 mentioned user harm or content prohibited on digital intermediaries. This rule is intended to ensure that platforms identify and promptly remove disinformation, false or misleading content and material that impersonates others, including deepfakes.
Over a period of one month, Union Minister of State for Skill Development & Entrepreneurship, Electronics & IT, and Jal Shakti, Rajeev Chandrasekhar, convened crucial stakeholder meetings with industry leaders to address the pressing issue of deepfakes. During the meeting, he emphasized the urgency for all platforms and intermediaries to strictly adhere to current laws and regulations, emphasizing that IT regulations comprehensively address the threat of deepfakes.
Rajeev Chandrasekhar stated: “Disinformation poses a deep threat to the safety and trust of users on the internet. Deepfake, disinformation powered by AI, further amplifies the threat to the security and trust of our Digital Nagriks. On November 17, Prime Minister Narendra Modi warned the country about the dangers of deepfakes and reported that the ministry had two Digital India Dialogues with all stakeholders on the Indian internet to alert them to the provisions of the IT rules notified in October 2022 . and amended in April 2023 to include 11 specific prohibited types of content on all social media intermediaries and platforms.
The Minister further emphasized that Article 3(1)(b)(v) explicitly prohibits the spread of misinformation. Consequently, all intermediaries were asked to exercise due diligence in promptly removing such content from their platforms. He also emphasized that platforms have been properly informed of the legal consequences associated with any violations of IT rules.
“Rule 3(1)(b)(v) prohibits misinformation and patently false information. During the two Digital India Dialogues, government and industry agreed to take more measures to ensure that platforms and users adhere to the IT rules previously explained in the media. Today a formal advisory has been issued setting out the ‘agreed’ procedures to ensure that users on these platforms do not breach the prohibited content in Rule 3(1)(b) and if such legal breaches are spotted or reported, the consequences under law will follow. MeitY will closely monitor intermediary compliance in the coming weeks and, if necessary, make further changes to IT regulations and/or the law. It is the mission of Prime Minister Narendra Modi’s government to ensure that the Internet is safe and secure and that all intermediaries are responsible under the law for the security and trust of the Digital Nagriks using the Indian Internet,” the added minister further.