The advisory aims to ensure intermediaries take proactive measures to combat the dissemination of prohibited content, especially those outlined in Rule 3(1)(b) of the IT RulesNews 

New Advisory by MeitY Outlines IT Rule Compliance for All Intermediaries to Combat Deepfakes

With growing concerns about false information being spread through artificial intelligence (AI)-generated deep fakes, the Ministry of Electronics and Information Technology (MeitY) has issued a comprehensive advisory to all brokers urging them to comply with existing IT rules. The purpose of the advisory is to ensure that intermediaries take proactive measures to prevent the dissemination of prohibited content, in particular to counter the measures described in Rule 3(1)(b) of the IT Rules.

The Digital India Dialogues, led by Minister of State for Electronics and IT Rajeev Chandrasekhar with key stakeholders in the digital sector over the past month, culminated in this advice.

According to the guideline: “Content that is not permitted by the IT Rules, especially the content listed in Rule 3(1(b)), must be clearly communicated to users in clear and precise language, including through its terms of service and user agreements). the user must be informed of this explicitly during the first registration and also as regular reminders, especially at each login and when uploading/sharing data to the platform.”

The advisory further emphasizes the importance of informing users of the legal consequences and refers to the criminal provisions under the Indian Penal Code (IPC) 1860 and the IT Act, 2000 in case of violations of Rule 3(1)(b).

Rule 3(1)(b) of the IT Rules obliges brokers to announce their regulations, privacy policy and user agreement in the language of the user’s choice, while making reasonable efforts to prevent the spread of prohibited content, including deep fakes.

MoS Chandrasekhar emphasized the seriousness of disinformation threats, especially those amplified by deep fakes. He then stated, “On November 17, Prime Minister Narendra Modi warned the country about the dangers of deep counterfeiting and announced that the ministry has held two Digital India Dialogues with all Indian Internet stakeholders to alert them to IT regulations. The rules, announced in October 2022 and amended in April 2023, include 11 specific types of prohibited content across all social media intermediaries and platforms.

Highlighting Rule 3(1)(b)(v) which specifically prohibits the spread of false information, Chandrasekhar reiterated that there is an urgent need for brokers to exercise due diligence to remove such content without delay. He emphasized that the platforms have been properly informed about the legal consequences of non-compliance.

The minister concluded by reaffirming the government’s commitment to ensuring a safe and reliable online environment, emphasizing its vigilance in monitoring the compliance of intermediaries and readiness to make further changes to maintain the security and trust of Indian internet users.

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