Deepfakes: Govt may temporarily block platforms, apps that violate norms repeatedly

Minister of State for Electronics and Information Technology Rajeev Chandrasekhar during a meeting with various platforms on deepfakes at Electronics Niketan in New Delhi

Ministry of Electronics and Information Technology (MeitY) warned social media platforms on November 24, that repeated violations of the country's regulations, specifically in relation to deepfakes and other prohibited content, may lead to temporary ban of the platform in India, multiple sources told Moneycontrol.

These are one of the few crucial points that came up during the meeting MeitY held with social media platforms on November 24.  The meeting that was chaired by Minister of State Rajeev Chandrasekhar, included representatives of Meta, Google, Snap, Sharechat, Telegram, Reliance Jio, Koo, Samsung and Apple and others.

"For platforms that violate repeatedly, the possible consequence could also include, the rarely used, but possible option of blocking the platform temporarily on the Indian internet," a senior ministry official said. Two other sources confirmed the same.

The government can issue orders under Section 69A of the IT Act for blocking public access to information, if there are specific concerns related to national security, public order, or other grounds mentioned in the IT Act.

During the meeting, social media platforms were also furnished a presentation deck wherein the government explained how deepfakes fall under the ambit of IT Rules, specifically Rule 3 (1) (b) (v).

The rule states that "misleading or deceptive information, including impersonation or spreading false facts, including false information about the Central government".

The government says that AI-generated content, including deepfakes come under the ambit of this rule. This came a day after Minister for Electronics and IT Ashwini Vaishnaw said that the government will begin work on a separate regulation dedicated to tackle deepfakes.

First originator, breaking encryption?

During the November 24 meeting, intermediaries were also informed about the IT Rules' other provisions such as Rule 7 -- which  says that if platforms do not comply to its provisions, then the safe harbour provisions that they enjoy under the IT Act will not apply to them anymore.

The safe harbour provision, under India's Information Technology Act, 2000, gives internet platforms legal immunity against content shared by users on the platforms.

"Intermediary can seek revocation of Rule 7 and reinstatement of its safe harbour by providing originator of information; or aggrieved party/MeitY can file FIR," said the presentation deck accessed by Moneycontrol.

There was push back from platforms on this requirement of the government of revealing first originator of information, sources said. Few intermediaries asked the government if this requirement would mean whether platforms would be required to break encryption.

Platforms like WhatsApp, Signal, Telegram (partially) provided encrypted messaging services. Rule 4(2) of the IT Rules allows for tracing the originator of any message or information. This particular provision has been contested by WhatsApp in the Delhi High Court.

Moneycontrol has reached out to Meta, Google, Snap, Sharechat, Telegram, Reliance Jio, Koo, Samsung and Apple and others with queries on temporary blocking of platforms, and the first originator requirement, and the article will be updated when a response is received.

7 days for aligning terms and conditions

Apart from that, the government will be giving social media platforms seven days to align their terms of service and other policies with Indian laws and regulations in order to address the hosting of deepfakes on these platforms, Chandrasekhar said during a media briefing on November 24.

Chandrasekhar also said that under Rule 7 of the IT Rules, an officer will be nominated who will be entrusted with building a mechanism where users can put in their complaints regarding deepfakes. MeitY may also assist such aggrieved users with filing FIRs in such cases.