Centre issues advisory to social media platforms on deepfakes, warns of legal consequences

The Ministry of Electronics and Information Technology on Tuesday issued an advisory to social media platforms directing them to follow existing IT rules to deal with the issue of deepfakes. As per the advisory, social media platforms are mandated to inform their users about prohibited content which is specified under the IT Rules. 

Rule 3(1)(b) of the IT Rules outlines prohibitions on sharing content that infringes on others’ rights, including bodily privacy, and “obscene or pornographic” content. Other prohibited content include those which could deceive or mislead the user about its origin by intentionally posing it as a fact and content which impersonates another person. 

The social media platforms must inform the users about the prohibited content listed under Rule 3(1)(b) through its terms of service and user agreements, said the advisory. Further, the user must also be informed about such prohibited content at the time of registration to use the platform. 

Regular reminders should also be sent to the users whenever they log in to the platform and when they upload or share information on it, said the ministry.

Further, the social media platforms are also mandated to inform the users about the legal consequences of violating the IT Rules. 

“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 added.

The advisory was issued after Union Minister of State for Electronics & IT Rajeev Chandrasekhar held discussions during the ‘Digital India dialogues’ with intermediaries over the course of one month. He held meetings with industry leaders to address the pressing issue of deepfakes and highlighted the urgency for all platforms to adhere to the current laws and regulations. 

Rajeev Chandrasekhar said ever since Prime Minister Narendra Modi flagged the threat of deepfakes in November, social media platforms have been asked to exercise due diligence in promptly removing such content from their platforms. He added that the platforms have been duly informed about the legal consequences associated with any violations under the IT rules.

Over the coming weeks, the ministry will observe how the social media platforms adhere to the advisory to make further amendments to the IT Rules and the law if it is required.