MeitY Issues Comprehensive Advisory to Combat Deepfakes and Misinformation

In a move to curb misinformation, the Ministry of Electronics and Information Technology (MeitY) has issued a comprehensive advisory to all digital intermediaries, urging strict adherence to existing IT rules. This directive, addressing concerns related to AI-driven deepfakes, emphasizes the clear communication of prohibited content, especially as outlined in Rule 3(1)(b) of the IT Rules. Union Minister Rajeev Chandrasekhar, leading discussions during Digital India dialogues, highlighted the urgency of compliance with current laws and regulations to combat the deepfake menace effectively.

The advisory mandates digital intermediaries to communicate prohibited content, specifically those detailed under Rule 3(1)(b) of the IT Rules, in a clear and precise manner to users. This initiative follows a month of discussions led by Union Minister Rajeev Chandrasekhar with industry stakeholders to address the rising concerns surrounding deepfakes, emphasizing the IT rules’ comprehensive approach to tackle such threats.

According to the advisory, content not allowed under the IT Rules, particularly that mentioned in Rule 3(1)(b), must be communicated explicitly to users during first registration and regular reminders at every login or information upload. The directive underscores the responsibility of digital intermediaries to inform users about penal provisions, including those in the Indian Penal Code (IPC) and the IT Act 2000, in case of Rule 3(1)(b) violations.

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 also obliges them to exert reasonable efforts to prevent users from engaging in activities related to 11 listed user harms or content prohibited on digital platforms, including misinformation, false or misleading content, and deepfakes.

Union Minister Rajeev Chandrasekhar convened crucial meetings with industry leaders during the one-month period to address the deepfake issue. He stressed the need for platforms and intermediaries to strictly adhere to existing laws and regulations, highlighting the comprehensive nature of the IT rules in addressing the deepfake menace.

Minister Chandrasekhar highlighted the severe threat that misinformation, especially deepfakes powered by AI, poses to user safety and trust on the internet. He referenced Prime Minister Narendra Modi’s warning on November 17 about the dangers of deepfakes. The Ministry conducted two Digital India Dialogues to alert stakeholders about the IT Rules notified in October 2022 and amended in April 2023, specifying 11 prohibited types of content on social media platforms.

Rule 3(1)(b)(v) explicitly prohibits the dissemination of misinformation, and digital intermediaries were instructed to promptly remove such content from their platforms. Minister Chandrasekhar emphasized that platforms were duly informed about the legal consequences associated with any violations under the IT rules.

The formal advisory, issued by MeitY, incorporates agreed-upon procedures to prevent users on digital platforms from violating the prohibited content in Rule 3(1)(b). The advisory warns of legal consequences if violations of the IT rules are noted or reported. MeitY will closely monitor intermediary compliance in the coming weeks and may introduce further amendments to the IT Rules or the law, as required, to ensure the safety and trust of users on the Indian internet.

The Minister reiterated the government’s commitment, under Prime Minister Narendra Modi, to creating a safe and trusted internet where all intermediaries are accountable under the law for the safety and trust of digital citizens.