MeitY issues advisory to all intermediaries to comply with existing IT rules

In a crucial move to address the escalating concerns surrounding deepfakes and misinformation, the Ministry of Electronics and Information Technology (MeitY) has issued a formal advisory to all intermediaries, urging strict compliance with existing IT rules. The advisory, which includes measures agreed upon during Digital India dialogues, aims to curb the spread of prohibited content outlined in Rule 3(1)(b) of the IT Rules.

Union Minister of State for Skill Development & Entrepreneurship, Electronics & IT, and Jal Shakti, Shri Rajeev Chandrasekhar, played a pivotal role in shaping the advisory through discussions with industry stakeholders over the past month. The directive mandates intermediaries to communicate clearly and precisely the content prohibited under Rule 3(1)(b) to users, emphasizing the importance of terms of service and user agreements.

"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)," the advisory stated. It underscores the obligation of intermediaries to report legal violations to law enforcement agencies under applicable Indian laws.

Rule 3(1)(b) within the IT rules requires intermediaries to communicate their rules, regulations, privacy policy, and user agreement in the user's preferred language. The rule further obliges platforms to make reasonable efforts to prevent users from hosting, displaying, uploading, or sharing information related to the 11 listed user harms or prohibited content.

In the wake of concerns about deepfakes, Minister Shri Rajeev Chandrasekhar emphasized the urgent need for platforms and intermediaries to adhere strictly to existing laws. He highlighted the comprehensiveness of the IT rules in addressing the menace of deepfakes, which are powered by artificial intelligence to create misleading content.

"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," said Minister Shri Rajeev Chandrasekhar.

The Minister underlined the government's mission to ensure the safety and trust of internet users, stating, "It is Prime Minister Shri Narendra Modi government’s mission to ensure that the internet is safe & trusted, and all intermediaries are accountable under the law for the safety and trust of the Digital Nagriks that use the Indian Internet."