'Ensure users don't...': Govt issues advisory to social media firms to comply with IT rules on deepfakes

In response to the rising concerns over the spread of deepfakes and misinformation, the government has issued an advisory to social media platforms, urging them to comply with IT rules. The advisory emphasises the need for clear communication to users regarding content that is not permitted under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules.

Deepfakes, which involve the use of artificial intelligence to create highly convincing fake videos or audio recordings, have become a growing challenge for platforms in combatting disinformation. 

The recommendation requires intermediaries (digital and social media platforms) to explain to users clearly and exactly the forbidden content outlined in IT Rules.

“The Ministry of Electronics and Information Technology (MEITY) has issued an advisory to all intermediaries, ensuring compliance with the existing IT rules,” it said.

“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.

The advisory highlights the importance of digital intermediaries informing users of legal restrictions, such as those found in the IPC and the IT Act of 2000.

The government's advisory emphasizes that terms of service and user agreements of intermediaries or platforms must unambiguously convey their obligation to report legal violations to law enforcement agencies under the relevant Indian laws. This directive aligns with Rule 3(1)(b) within the due diligence section of the IT rules, which mandates intermediaries to communicate their rules, regulations, privacy policy, and user agreement in the user's preferred language.

Furthermore, platforms are required to make reasonable efforts to prevent users from engaging in activities that involve the 11 listed user harms or sharing content prohibited on digital intermediaries. The clarity in communication is seen as crucial to promoting user awareness and understanding of the legal responsibilities of platforms in maintaining a secure and compliant online space.

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