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IT ministry issues fresh advisory to social media platforms on Deepfakes, warns of legal consequences

Deepfakes powered by advanced artificial intelligence create hyper-realistic audio-visual content, which is often used to spread misinformation and disrupt social peace. The Minister underlined the need for intermediaries to immediately remove any such false content from their platforms, thereby ensuring that the digital ecosystem remains a safe place for users.

By: Ruchi Upadhyay  Pardaphash Group
Updated:
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IT ministry issues fresh advisory to social media platforms on Deepfakes, warns of legal consequences

New Delhi: As Deepfakes and misinformation continue to threaten social harmony and national security, India’s Ministry of Electronics and Information Technology (MeitY) has issued a second advisory for social media platforms. The action, announced on December 26, aims to ensure that these digital platforms strictly comply with information technology (IT) rules, especially with regard to the spread of prohibited content among their users.

The advisory follows extensive discussions involving multiple stakeholder with social media platforms, IT companies and lawyers led by Minister of State for Electronics and Information Technology Rajeev Chandrashekhar, the advisory emphasizes the need for platforms to inform users about restricted content. This information should be clearly communicated in user agreements and at various stages of platform interactions, such as registration and content uploading.

Deepfakes powered by advanced artificial intelligence create hyper-realistic audio-visual content, which is often used to spread misinformation and disrupt social peace. The Minister underlined the need for intermediaries to immediately remove any such false content from their platforms, thereby ensuring that the digital ecosystem remains a safe place for users.

This advisory serves to remind digital intermediaries of their obligations under IT rules. It orders platforms to clearly communicate their rules, regulations, privacy policy and user agreement not only at the time of registration but also on a regular basis thereafter. It also emphasizes the importance of informing users about the legal consequences under the Indian Penal Code (IPC) and the IT Act 2000, in case of specified user harm or violation related to prohibited content.

IT rules order intermediaries to communicate their policies in the user’s preferred language and make ‘reasonable efforts’ to prevent the spread of prohibited content. This includes 11 types of content mentioned in the IT rules that are prohibited on digital intermediaries. The platform is also tasked with informing users about the legal consequences of violating these rules.

The IT rules, notified in October 2022 and amended in April 2023, outline specific types of content that are prohibited on social media intermediaries and platforms. MeitY’s advisory is a continuation of efforts to ensure a safe and responsible digital ecosystem free from the risks posed by deepfakes and misinformation. This underlines the commitment of the Government of India to safeguard its digital landscape against misuse of technology.

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