Deepfake row | Ministry issues advisory to social media platforms on deceptive content: Centre to Rajya Sabha

Deepfake row: The Ministry of Electronics and Information Technology on Friday informed the Rajya Sabha that advisories have been issued to significant social media platforms, advising them to 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 that is prohibited under IT rules.         

Union Minister of State for Electronics and Information Technology Rajeev Chandrasekhar shared the input, clarifying that "the policies of the government are aimed at ensuring that the Internet in India is open, safe, trusted and accountable to all users."

Chandrasekhar informed the Upper House that cheating by personation by using computer resources is punishable with imprisonment up to three years and a fine up to Rs 1 lakh under Section 66 D of Information Technology Act, 2000.

The Minister responded in a written reply, "Under Rule 3(1) (b)(vii) of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, ("IT Rules, 2021) every social media intermediary is mandated to observe due diligence, including ensuring the rules and regulations, privacy policy or user agreement of the intermediary inform users not to host any content that impersonates another person."

"Under Rule 3(2)(b) of IT Rules, 2021, an intermediary is obliged to remove and disable access to content in nature of impersonation within 24 hours from the receipt of a complaint in relation to such content," said the Minister while responding to the query of Independent MP Kartikeya Sharma, adding, "Under Rule 7 of IT Rules, 2021, where an intermediary fails to observe these rules, the provisions of sub-section (1) of Section 79 of the Information Technology Act, 2000 (immunity) shall not be applicable to such intermediary and the intermediary shall be liable for punishment under any law, including the provisions of the Act and the Indian Penal Code," he added.

It is also advised that the social media platforms 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."

In case of failure to follow diligence as provided in the IT Rules, 2021, by intermediaries, the Minister said, the social media platforms 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.

- With inputs from agencies

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