Centre Issues Advisory to Social Media Intermediaries on Misinformation and Deepfakes

09 Nov 2023

The Central government has recently issued an advisory to significant social media intermediaries, emphasizing the need for due diligence in identifying misinformation and deepfakes, and taking prompt actions to address such content in compliance with IT Rules 2021.

Key Points

Expedited Actions and Reporting: The advisory underscores the importance of taking swift actions against reported cases within the timeframes specified in IT Rules 2021. Users hosting such content should be discouraged, and reported content must be removed within 36 hours.
Compliance and Legal Obligations: Failure to comply with the advisory and relevant provisions of the IT Act and Rules may lead to consequences under Rule 7 of IT Rules 2021.
Non-compliance could result in organizations losing the protection provided under Section 79(1) of the Information Technology Act, 2000.
Impact on Women and Responsibility: Deepfakes, in particular, pose a significant threat and harm women. The government is committed to ensuring the safety and trust of all citizens, especially women and children who are often targeted by such content.
Legal Obligations and Proactive Measures: Online platforms are legally obligated to prevent the spread of misinformation as per IT Rules 2021.
They must remove such content within 36 hours of receiving a report from a user or government authority.
Failure to comply invokes Rule 7, enabling individuals to take legal action under the Indian Penal Code (IPC). Proactive measures by platforms are essential to combat this threat.

Encouragement for Affected Individuals: Individuals impacted by deepfakes are encouraged to file First Information Reports (FIRs) at the nearest police station and utilize the remedies provided under IT Rules 2021, ensuring legal action against perpetrators of such content.