Lok Sabha Question No. 595 (UNSTARRED), answered on 2023-12-06
Subject: Complaints of Deepfake Technique
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Ram Kripal Yadav, Janardan Mishra, Harish Dwivedi, (Dr.) Ram Shankar Katheria

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO. 595

TO BE ANSWERED ON: 06.12.2023

## COMPLAINTS OF DEEPFAKE TECHNIQUE

## 595. SHRI RAM KRIPAL YADAV: SHRI JANARDAN MISHRA: SHRI HARISH DWIVEDI: DR. RAM SHANKAR KATHERIA:

Will the Minister of Electronics and Information Technology be pleased to state:

- (a) whether the Government has received anycomplaints related to the deepfake technique;
- (b) if so, the details thereof along with the stepstaken by the Government to resolve the complaints;
- (c) whether the Government has enacted anylaw or constituted any Inquiry Committee to preventcrimes committed with the deepfake technique; and
- (d) if so, the details thereof and if not, thereasons therefor?

## ANSWER

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

(a):  The  policies  of  the  Government  are aimed  at ensuring an  Open, Safe and Trusted and Accountable Internet for its users.

The  Government  is  cognizant  of  the  benefits  as  well  as  risks  associated  with  new  and evolving  technologies  including  Artificial  Intelligence  (AI)which  has  immense  potential  to revolutionize various fields, but it also poses certain challenges and risks. However, the same technology of the AI may generate misinformation through deepfake.The Internet technology and  Internet  used  to  be  seen  as  force  for  good,  but  in  recent  years,  technology  is  also exploited for causing user harms and criminality. The number of Internet users in India are expected to increase from 88 crores today to 120 crore users by 2026.

To  ensure that Internet in India is Open, Safe and Trusted and Accountable, the CentralGovernmenthas  notified  theInformation  Technology  (Intermediary  Guidelines  and Digital  Media  Ethics  Code)  Rules,  2021.('IT  Rules,  2021')  on  25.02.2021  which  was subsequently  amended  28.10.2022  and  6.4.2023.  These  rules  cast  specific  obligation  on intermediaries, including social media intermediaries or platforms, to observe due diligence and 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  such  law.  Sub-clauses  (v)  and  (vi)  of  clause  (b)  of sub-rule  (1)  of  rule  3  provides  that  an  intermediary  including  a  social  media  intermediary shall observe due diligence while discharging its duties by making reasonable efforts by itself and to cause the user of its computer resource not to host, display, upload, modify, publish, transmit,  store,  update  or  share  any  illegal  information  that  deceives  or  misleads  the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or that  impersonates  another  person  or  violates  any  law.  The  Government  has  zero  tolerance policy towards any online information which is patently false, misinformation and against the national security.

(b)  to  (d):  Deepfakes  are  misinformation  that  are  powered  by  AI.  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.

Government has also established Grievance Appellate Committees under the IT Rules, 2021 to allow users and victims to appeal online on www.gac.gov.in against decisions taken by the Grievance  Officers  of  intermediaries  in  case  they  are  dissatisfied  with  the  decision  of  the Grievance  Officer.  In  addition,  the  Ministry  of  Home  Affairs  operates  a  National  Cyber Crime  Reporting  Portal  (www.cybercrime.gov.in)  to  enable  citizens  to  report  complaints pertaining to all types of cybercrimes, and also operates a toll-free helpline (1930).

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