The intermediaries are required to take action against such cases within the timeframes stipulated under the IT Rules 2021
The government has issued an advisory to significant social media intermediaries. The advisory instructs these intermediaries to exercise due diligence and make reasonable efforts to identify misinformation and deepfakes. A recent deepfake video of actress Rashmika Mandanna has highlighted the growing issue of deepfake videos and photos. This deepfake media is built using AI tools which make them hard distinguish from reality. In view of the growing issue, the government has reminded social media companies such as Facebook, Instagram, X, Snap and others about the consequences if they fail to curb the spread of misinformation and fake media.
Content Should be Taken Down within 36 hours
The intermediaries are required to take action against such cases within the timeframes stipulated under the IT Rules 2021. They are also instructed to prevent users from hosting such information or content. Any content reported must be removed within 36 hours of reporting.
Consequences of Non-compliance
Failure to act as per the relevant provisions of the IT Act and Rules could lead to the organisation losing the protection available under Section 79(1) of the Information Technology Act, 2000.
Union Minister of State for Skill Development & Entrepreneurship and Electronics & IT Rajeev Chandrasekhar stated that the safety and trust of Digital Nagriks is a top priority for the Narendra Modi Government. He emphasized that deepfakes pose significant challenges and are a major violation, particularly harming women.
Legal Obligation of Online Platforms
Rajeev Chandrasekhar further elaborated that it is a legal obligation for online platforms to prevent the spread of misinformation. They are mandated to remove such content within 36 hours upon receiving a report from either a user or government authority. Failure to comply with this requirement invokes Rule 7, which empowers aggrieved individuals to take platforms to court under the provisions of the Indian Penal Code (IPC).
Encouragement to Report Deepfakes
The Minister encouraged those impacted by deepfakes to file First Information Reports (FIRs) at their nearest police station and avail the remedies provided under the Information Technology (IT) rules, 2021.
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