India: Issued Advisory on AI Deepfakes for Digital Intermediaries

On 26 December 2023, the Indian Ministry of Electronics and Information Technology (MeitY) issued a formal advisory regarding content requirements in Rule 3(1)(b) of the IT rules. The advisory applies to all digital intermediaries to ensure compliance with the IT rules. The advisory aims to target content prohibited under the IT rules as well as misinformation powered by artificial intelligence (AI), specifically deepfake. The advisory emphasises the communication obligations of platforms and intermediaries regarding such content. Particularly, the advisory requires the clear and precise communication of prohibited content to users in the terms of service and user agreements, at the first registrations and regularly while using the platform. Additionally, the advisory sets out the obligation of platforms to remove any unlawful content to ensure the safety and trust of Internet users. Further, the advisory requires that platforms draw attention to multiple penal provisions set out in the Indian Penal Code, the IT Act, or other relevant laws and report any violations thereof.