New Delhi: The Ministry of Electronics and Information Technology (MeitY) recently issued an advisory to all social media platforms, emphasising their legal obligations to promptly identify and remove misinformation.
This government response came after a viral deepfake video featuring actor Rashmika Mandanna, leading celebrities like Amitabh Bachchan to call for legal action.
Deepfakes utilise deep learning, AI, and photoshopping techniques to create convincing yet fake videos of events.
Notable individuals targeted by such convincing deepfakes include former US President Barack Obama and Meta Platforms Inc. Chief Executive Officer (CEO) Mark Zuckerberg.
The government emphasised that violations of these laws could result in the loss of protection under Section 79(1) of the Information Technology Act, 2000.
“Given the significant challenges posed by misinformation and deepfakes, the Ministry of Electronics and Information Technology (MEITY) has issued a second advisory in the last six months, calling on online platforms to take decisive actions against the spread of deepfakes. Deepfakes are a major violation and harm women in particular,” stated Rajeev Chandrasekhar, Minister of State for Electronics and Information Technology.
The minister suggested that affected individuals file First Information Reports (FIRs) at their nearest police station and utilise remedies provided under the Information Technology (IT) rules, 2021.
Sources indicated that the platforms were concerned about the absence of mechanisms for identifying deepfake content amid the vast amount of user-generated data.
An industry executive commented, “The government needs to provide more clarity on the ways to identify deepfakes from user-generated content. Platforms are still unaware of what the government notice expects them to do, as it is not something technically feasible.”
The government notice cited Section 66D of the Information Technology Act, specifying the punishment for cheating by personation using computer resources, with a potential imprisonment of up to three years and a fine of up to Rs 1 lakh.
The ministry expressed concern over the rapid increase of artificial intelligence-generated deep fake imagery, particularly involving prominent personalities and celebrities, as such manipulated content often compromises an individual’s dignity and, in specific cases, the modesty of women.
The advisory also referenced the due diligence requirements outlined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
It highlighted rule 3(2)(b) of the IT Rules, which mandates platforms to remove content that impersonates any user within 24 hours upon receiving a complaint.
Last month, the central government instructed all social media platforms to provide an action taken note addressing the dissemination of ‘fake’ news and unlawful content. Additionally, YouTube was directed to include disclaimers on channels likely to spread ‘fake’ news.
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