In a significant move to combat the rising threat of misinformation fueled by artificial intelligence, India’s Ministry of Electronics and Information Technology (MeitY) has issued a comprehensive advisory to digital intermediaries. The directive, which comes as a response to growing concerns about the proliferation of deepfakes, aims to ensure compliance with the existing Information Technology (IT) Rules.
- The directive requires intermediaries to clearly and precisely convey prohibited content, specifically outlined in Rule 3(1)(b) of the IT Rules, to their users.
- Prohibited content, especially that falling under Rule 3(1)(b) of the IT Rules, must be communicated clearly and precisely to users. This information should be conveyed through terms of service, user agreements, and explicitly during initial registration, as well as through regular reminders during login and information sharing on the platform.
- The users must be made aware of the various penal provisions of the Indian Penal Code (IPC) 1860, the IT Act, 2000 and such other laws that may be attracted in case of violation of Rule 3(1)(b).
- Additionally, the terms of service and user agreements must clearly highlight that intermediaries/platforms are under obligation to report legal violations to the law enforcement agencies under the relevant Indian laws applicable to the context.
- Rule 3(1)(b) within the due diligence section of the IT rules mandates intermediaries to communicate their rules, regulations, privacy policy, and user agreement in the user’s preferred language.
- They are also obliged to ensure reasonable efforts to prevent users from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information related to the 11 listed user harms or content prohibited on digital intermediaries.
- This rule aims to ensure platforms identify and promptly remove misinformation, false or misleading content, and material impersonating others, including deepfakes.
During the advisory’s development, Union Minister Rajeev Chandrasekhar held pivotal stakeholder meetings with industry leaders to address the specific challenges posed by deepfakes. He stressed the urgency for all platforms and intermediaries to strictly adhere to existing laws and regulations, highlighting that the IT rules comprehensively address the menace of deepfakes.
Speaking on the matter, Minister stated, ‘Misinformation represents a deep threat to the safety and trust of users on the Internet. Deepfake, which is misinformation powered by AI, further amplifies the threat to safety and trust of our Digital Nagriks.’
The Minister highlighted that Rule 3(1)(b)(v) explicitly prohibits the dissemination of misinformation, urging intermediaries to exercise due diligence in promptly removing such content from their platforms.
The formal advisory incorporates agreed-upon procedures to ensure compliance by platforms and users with the IT rules. MeitY has expressed its commitment to closely monitoring intermediaries’ compliance in the coming weeks and has signaled the possibility of further amendments to the IT Rules or the law if required.
The overarching mission of the government is to ensure a safe and trusted internet environment, holding intermediaries accountable under the law for the safety and trust of digital citizens using the Indian Internet. As technology evolves, such measures become crucial to maintaining the integrity of online spaces and safeguarding against the threats posed by AI-driven misinformation, especially deepfakes.
