MeitY issues advisory to all intermediaries to comply with existing IT rules

Ministry of Electronics and Information Technology (MeitY) has issued an advisory to all intermediaries, ensuring compliance with the existing IT rules. The directive specifically targets the growing concerns around misinformation powered by AI – Deepfakes.

The advisory mandates that intermediaries communicate prohibited content, particularly those specified under Rule 3(1)(b) of the IT Rules, clearly and precisely to users. 

The advisory stated that, “The content not permitted under the IT Rules, in particular those listed under Rule 3(1)(b) must be clearly communicated to the users in clear and precise language including through its terms of service and user agreements and the same must be expressly informed to the user at the time of first-registration and also as regular reminders, in particular, at every instance of login and while uploading/sharing information onto the platform.”

The advisory emphasizes that digital intermediaries must ensure users are informed about penal provisions, including those in the IPC and the IT Act 2000, in case of Rule 3(1)(b) violations. 

“The users must be made aware of the various penal provisions of the Indian Penal Code (IPC) 1860, the IT Act, 2000 and such other laws that may be attracted in case of violation of Rule 3(1)(b). In addition, the terms of service and user agreements must clearly highlight that intermediaries/platforms are under obligation to report legal violations to the law enforcement agencies under the relevant Indian laws applicable to the context,” the advisory further added. 

Rule 3(1)(b) within the due diligence section of the IT rules mandates intermediaries to communicate their rules, regulations, privacy policy, and user agreement in the user’s preferred language. They are also obliged to ensure reasonable efforts to prevent users from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating, or sharing any information related to the 11 listed user harms or content prohibited on digital intermediaries. This rule aims to ensure platforms identify and promptly remove misinformation, false or misleading content, and material impersonating others, including deepfakes.

Source : PIB