The Meity has released a draft amendment to the Intermediary Guidelines 2021 to further update the ITA 2000 regulations. It is good to note that MeitY seems to have realized the power of ITA 2000 and bringing in changes silently to the IT environment in India.
Now the Government has released a new version of the Intermediary Guidelines 2025 for public comments before November 6.
Some of the envisaged changes are captured here for quick review.
| No | Amendment | Comments |
| 1 | New definition added for Synthetic content
In the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereafter referred to as the said rules), in rule 2,⎯ “(wa) ‘synthetically generated information’ means information which is artificially or algorithmically created, generated, modified or altered using a computer resource, in a manner that such information reasonably appears to be authentic or true;” |
Synthetic content is one of the most dangerous effects of AI on the trustworthiness of the web content. You Tube in particular has many videos consisting of synthetic content which is misleading the public. This has to be curbed. Deepfake is one of the kinds of such content. Hence defining and imposing due diligence related to such content is welcome. |
| 2 | after sub-rule (1), the following sub-rule shall be inserted, namely:⎯ “(1A) For the purposes of these rules, any reference to ‘information’ in the context of information being used to commit an unlawful act, including under clause (b) and (d) of sub-rule (1) of rule 3 and sub-rules (2) and (4) of rule 4, shall be construed to include synthetically generated information, unless the context otherwise requires.”. |
No comments |
| 3 | In the said rules, in rule 3, in sub-rule (1), in clause (b), before the explanation, the following proviso shall be inserted, namely:— “Provided that the removal or disabling of access to any information, including synthetically generated information, data or communication link within the categories of information specified under this clause as part of reasonable efforts or on the basis of grievances received under sub-rule (2) by such intermediary, shall not amount to a violation of the conditions of clauses (a) or (b) of sub-section (2) of section 79 of the Act;”. |
No Comments |
| 4 | “(3) Due diligence in relation to synthetically generated information:
(a) Where an intermediary offers a computer resource which may enable, permit, or facilitate the creation, generation, modification or alteration of information as synthetically generated information, it shall ensure that every such information is prominently labelled or embedded with a permanent unique metadata or identifier, by whatever name called, in a manner that such label, metadata or identifier is visibly displayed or made audible in a prominent manner on or within that synthetically generated information, covering at least ten percent of the surface area of the visual display or, in the case of audio content, during the initial ten percent of its duration, and can be used to immediately identify that such information is synthetically generated information which has been created, generated, modified or altered using the computer resource of the intermediary; |
Welcome provision |
| 5 | 5. In the said rules, in rule 4, after sub-rule (1), the following sub-rule shall be inserted, namely:— “(1A) A significant social media intermediary which enables displaying, uploading, or publishing any information on its computer resource shall, prior to such display, uploading, or publication,— (a) require users to declare whether such information is synthetically generated information; (b) deploy reasonable and appropriate technical measures, including automated tools or other suitable mechanisms, to verify the accuracy of such declaration, having regard to the nature, format, and source of such information; and (c) where such declaration or technical verification confirms that the information is synthetically generated, ensure that the same is clearly and prominently displayed with an appropriate label or notice, indicating that the content is synthetically generated: Provided that where such intermediary becomes aware, or it is otherwise established, that the intermediary knowingly permitted, promoted, or failed to act upon such synthetically generated information in contravention of these rules, such intermediary shall be deemed to have failed to exercise due diligence under this subrule. Explanation.—For the removal of doubts, it is hereby clarified that the responsibility of the significant social media intermediary shall extend to taking reasonable and proportionate technical measures to verify the correctness of user declarations and to ensure that no synthetically generated information is published without such declaration or label.” |
Welcome |
It is important to note that lack of due diligence under Section 79 will expose the Intermediary to whatever consequences arise out of the said content whether it is a civil liability or a criminal liability. The Criminal liability will further extend to the executives of a company through Section 85.
DGPSI-AI, has already recognized use of AI as significant risk and hence any data fiduciary (whether it is an intermediary or significant intermediary under ITA 2000) will be expected to follow the above due diligence as part of DPDPA compliance.
Naavi
