Lok Sabha Question No. 913 (UNSTARRED), answered on 2024-02-07
Subject: Action against Deepfakes
Ministry: ELECTRONICS AND INFORMATION TECHNOLOGY
Asked by: Ranjeetsingh Naik Nimbalkar, Sudhakar Tukaram Shrangre, Naranbhai Bhikhabhai Kachhadiya, Saikia Dilip, Bidyut Baran Mahato, Devji Mansingram Patel

## GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY

## LOK SABHA

## UNSTARRED QUESTION NO.913

TO BE ANSWERED ON: 07.02.2024

## ACTION AGAINST DEEPFAKES

## 913. SHRI RANJEETSINGH NAIKNIMBALKAR:

SHRI SUDHAKAR TUKARAM SHRANGARE:

SHRI NARANBHAI KACHHADIYA:

SHRI DILIP SAIKIA:

SHRI BIDYUT BARAN MAHATO:

SHRI DEVJI M. PATEL:

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

- (a) whether the Government has formulated any strategy to tackle the menace of Deepfakes;
- (b) if so, the details thereof and if not, the reasons therefor; and
- (c) the details of the corrective measures taken/being taken by the Government in this regard?

## ANSWER

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

(a) to (c): The policies of the Government are aimed at ensuring that the Internet in India is Open, Safe & Trusted and Accountable to all our Digital Nagriks.

Artificial Intelligence (AI) is the most significant invention and innovation in our times. AI has  in  recent  times  accelerated  its  growth  and  capabilities  and  we  are  experiencing  an inflection point in the growth of AI. AI represents a Kinetic Enabler of our Digital Economy and will further catalyze our Digital and innovation economy.

The Government is committed to ensuring harnessing the power of AI for the good of our people  and  the  rapid  proliferation  of  the  use  of  AI  in  sectors  like  healthcare,  agriculture, education, manufacturing, finance and others. However, the Government is very cognizant of the harms and criminalities that AI can create. Deepfakes are misinformation powered by AI. Further,  deepfakes  may  be  misinformation  in  the  nature  of  audio,  visual  or  audio-visual information which is synthetically created, generated or modified using AI to dishonestly or fraudulently deceive any person who receives such misinformation.

To help achieve the aim at ensuring an Open, Safe and Trusted and Accountable Internet for all  Digital  Nagriks,  the  Ministry  of  Electronics  and  Information  Technology  ('MeitY') engages with and receives inputs from the public and stakeholders, including in respect of changes  required to existing legislation and  the need  to introduce fresh legislation. Accordingly, to ensure that Internet in India is Open, Safe and Trusted and Accountable, the Central  Government  after  extensive  public  consultations  with  relevant  stakeholders  has notified  the  Information  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. The IT Rules, 2021 cast specific legal obligations on intermediaries, including social media intermediaries and platforms, to ensure their accountability  towards  safe  &  trusted  Internet  including  their  expeditious  action  towards removal of the prohibited misinformation, patently false information and deepfakes. In case of failure of the intermediaries to observe the legal obligations as provided in the IT Rules, 2021, they lose their safe harbour protection under section 79 of the IT Act and shall be liable for consequential action or prosecution as provided under any law for the time being in force including the IT Act and the Indian Penal Code ('IPC') including section 469 of the IPC.

The IT Rules, 2021 cast the following legal obligations, among others:

- (i) Rule 3(1)(b) of the IT Rules, 2021 prohibits eleven types of content on the Indian Internet available on the intermediary platform.
- (ii) Platforms  are  required  to  ensure  that  their  users  do  not  use  their  platforms  for sharing  or  transmitting  content  that  violates  Rule  3(1)(b)  and  other  laws  and  that their terms of use expressly restrict use of eleven types of content under the law.
- (iii) Rule 3(1)(b)(v) and (vi) of the IT Rules 2021 prohibits misinformation and patently false  information  on  the  Indian  Internet  or  that  impersonates  another  person. Deepfakes are another form of misinformation powered by AI.
- (iv) Rule  3(1)(d)  of  the  IT  Rules  2021  mandates  the  platforms  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 notice from the Appropriate Government  or  its  authorised  agency  or  upon  receipt  of  complaint  made  by  the impersonated individual or person authorised by him in this behalf.
- (v) Rule  4(2)  of  the  IT  Rules  2021  prescribes  that  the  significant  social  media intermediaries shall cooperate with Law Enforcement Agencies (LEA) for prevention, detection, investigation, prosecution or punishment by enabling identification  of  the  first  originator  of  information  related  to  the  sovereignty  and integrity of India, the security of the State, friendly relations with foreign States, or public order, or of incitement to an offence relating to the above or in relation with rape, sexually explicit material or child sexual abuse material (CSAM).

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  case  of  legal  violations  including  deepfakes  or  fails  to  redress  the grievances  from  users  or  victims  or  an  individual  or  any  person  on  his  behalf  within  the timelines prescribed under the IT Rules, 2021.

To  prevent  the  harms  caused  by  misinformation  through  deepfakes,  MeitY  conducted multiple Digital India Dialogues ('DID') with leading social media platforms to caution them about their legal obligations and consequences of prosecution under relevant law if any of the prohibited contents is found on their platform including but not limited to deepfakes.

The  Government  has  informed  platforms,  as  part  of  its  zero  tolerance  policy  towards enforcement  for  100%  compliance,  that  the  terms  of  use  should  be  completely  aligned  to Rule 3(1)(b) of the IT Rules, 2021 and their users should be cautioned at log in and at regular intervals  about  the  prohibited  content  that  are  not  permitted  on  their  platforms  to  ensure complete awareness amongst their users about what is permissible or not on their platforms under the IT Rules, 2021.

Also,  they  have  been  reminded  about  their  obligations  of  expeditious  action  under  the  IT Rules, 2021, to remove or disable access to information/content that violates the  aforesaid provisions of the IT Rules, 2021.

While MeitY has been issuing time-to-time advisories to the intermediaries, through its latest such an advisory dated 26 th December 2023, MeitY has directed intermediaries for ensuring compliances with the prescribed due  diligence and  Grievance  Reporting Mechanism under the  IT  Rules,  2021,  the  failure  to  observance  of  which  on  the  part  of  intermediaries  will amount to non-compliance with the IT Rules, 2021 and result in the concerned intermediary automatically losing exemption from liability under section 79 of the IT Act. This advisory includes inter-alia the following directions that-

- i. Ensure that users on social media platforms do not violate prohibited content in Rule 3(1)(b) of IT Rules 2021.
- ii. Prohibited  content  to  be  expressly  informed  to  the  user  at  the  time  of  firstregistration and also as regular reminders, in particular, at every instance of login.
- iii. Users to be made aware of penal provisions under IPC, IT Act and other laws that may be attracted in case of violation of Rule 3(1)(b).
- iv. Terms  of  service  and  user  agreements  must  clearly  highlight  obligation  of intermediaries  to  report  legal  violations  to  the  law  enforcement  agencies  under the applicable laws;
- v. Intermediaries  should  identify  and  remove  misinformation  or  information  that impersonates another person, including those created using deepfakes.
- vi. Intermediaries must enable users, victims or any person on their behalf, to also report violations relating to Rule 3(1)(b) or Rule 3(2)(b) in a simple and easily accessible manner, including through in-app user reporting.
- vii. Intermediaries must comply with the orders of the Grievance Appellate Committee within the timeline mentioned in the order and publish a report.
- viii. Intermediaries should take additional measures to not permit any advertisements of illegal loan and betting apps.
- ix. Intermediaries  have  been  warned  that  non-compliance  will  lead  to  loosing exemption from liability provided under section 79(1) of IT Act.

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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