Lok Sabha Question No. 1658 (UNSTARRED), answered on 2023-12-13
Subject: Incidents of AI Led Misinformation
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Rajiv Pratap Rudy

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION No. 1658

TO BE ANSWERED ON 13.12.2023

## INCIDENTS OF AI LED MISINFORMATION

## 1658.   SHRI RAJIV PRATAP RUDY:

Will the Minister of ELECTRONICS AND INFORMATION TECHNOLOGY be pleased to state:

(a)  whether  it  is  a  fact  that  incidents  of  AI  led  misinformation  has  been  increasing  in  the country,

(b) the total incidents of deepfake videos of political leaders registered so far:

(c) whether there is any provision to pass an order for traceability, disclosing the identity of a person who first sends a particular message:

(d) if so, the details thereof and if not, the reasons therefor; and

(e)  the  manner  in  which  the  Government  plans  to  curb  such  an  AI  led  misinformation  on messaging platforms given that misinformation can cause harm to electoral integrity of India?

## ANSWER

## MINISTER OF STATE FOR ELECTRONICS AND INFORMATION TECHNOLOGY (SHRI RAJEEV CHANDRASEKHAR)

(a) to (e): The policies of the Government are aimed at ensuring that Internet in India is open, safe,trusted and accountable to all users. Under Section 66 D of Information Technology Act, 2000, cheating by personation by using computer resource is punishable with imprisonment up  to  3  years  and  fine  up  to  Rs  1  lakh.  Further,  under  Rule  3(1)(b)(vii)  of  Information Technology  (Intermediary  Guidelines  and  Digital  Media  Ethics  Code)  Rules,  2021,  ('IT Rules, 2021) every social media intermediary is mandated to observe due diligence including ensuring  the  rules  and  regulations,  privacy  policy  or  user  agreement  of  the  intermediary inform users not to host any content that impersonates another person. Under Rule 3(2)(b) of IT Rules, 2021 an intermediary is obliged to remove and disable access to content in nature of  impersonation,  within  24  hours  from  the  receipt  of  a  complaint  in  relation  to  such content.Under Rule 7 of IT Rules, 2021,where an intermediary fails to observe these rules, the  provisions  of  sub-section  (1)  of  section  79  of  the  Information  Technology  Act,  2000 (immunity) shall not be applicable to such intermediary and the intermediary shall be liable for punishment under any law including the provisions of the Act and the Indian Penal Code. Further,to prevent the harms caused by such misinformation through deepfakes, the Ministry of Electronics and Information Technology has issued advisories to significant social media intermediaries  or  platforms,  drawing  their  attention  to  the  above  provisions  and  advising them as under:

- (i) That  they  should  ensure  that  their  rules  and  regulations  and  the  user  agreement contain  appropriate  provisions  for  the  users  not  to  host,  display,  upload,  modify, publish, transmit, store, update or share any information which are prohibited under IT Rules;
- (ii) That they shall align their terms of use to ensure that all users are aware and they shall play a proactive role in sensitizing their users about what is permissible or not on their platforms under the IT Rules;
- (iii) That, as part of the reasonable efforts made by them in this regard, they may also put in  place  appropriate  technology  and  processes  for  identifying  information  that  may violate the provisions of rules and regulations or user agreement; and
- (iv) That  they  are  advised  to  ensure  expeditious  action,  well  within  the  timeframes stipulated under the IT Rules, 2021, to remove or disable access to

information/content that violates the aforesaid provisions of the IT Rules, 2021, upon receipt  of  court  orders  or  notification  from  the  Appropriate  Government  or  its authorised  agency  or  on  complaint  made  by  the  impersonated  individual  or  person authorised by him in this behalf. (v)  That  in  case  of  failure  to  follow  diligence  as  provided  in  the  IT  Rules,  2021,  by intermediaries, they shall lose their safe harbour protection under section 79 of the IT Act and shall be liable for consequential action as provided in IT Act, 2000, IT Rules, 2021, Indian Penal Code, 1860 and other applicable laws, as per the rule 7 of the IT

- Rules, 2021.

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