Government directs social media platforms to comply with IT rules in deepfake crackdown

In response to escalating worries about deepfakes, the government has instructed all platforms to adhere to IT rules. Companies are now obligated to clearly inform users about prohibited content and have been cautioned that legal consequences will ensue for violations. The IT Ministry will closely monitor the compliance of intermediaries, including social media and digital platforms, in the upcoming weeks. Further amendments to the IT Rules or the law will be considered if deemed necessary, as mentioned in an official release.

The government has explicitly conveyed to platforms that legal consequences under the IT rules will be pursued in the event of noted or reported violations. This communication underscores a firming of the government's stance on the issue, particularly in light of increasing concerns surrounding AI-powered misinformation, specifically Deepfakes.

The Ministry of Electronics and Information Technology (MEITY) has issued an advisory to all intermediaries, ensuring compliance with the existing IT rules, the official release said. The directive specifically targets the growing concerns around misinformation powered by AI – Deepfakes, the release said.

This advisory is the culmination of discussions spearheaded by Minister of State for IT Rajeev Chandrasekhar with intermediaries on the issue. The content not permitted under the IT Rules, in particular those listed under Rule 3(1)(b), must be clearly communicated to the users in clear and precise language including through its terms of service and user agreements and the same must be expressly informed to the user at the time of first-registration and also as regular reminders, in particular, at every instance of login and while uploading/sharing information onto the platform, according to the advisory.

Previously, a number of deepfake videos featuring prominent actors gained widespread attention, leading to public outrage and heightened concerns regarding the misuse of technology for generating manipulated content and false narratives. The advisory now requires intermediaries, including platforms like WhatsApp, Facebook, X, and others, to clearly and precisely communicate the prohibited content outlined in the IT Rules to their users.

Furthermore, the advisory stipulates that the terms of service and user agreements must explicitly emphasize that intermediaries/platforms are obligated to report legal violations to law enforcement agencies in accordance with 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, it said.