The Union Ministry of Electronics and Information Technology (MeitY) has issued a second advisory to platforms or intermediaries, asking them to seek explicit permission from the Center before launching artificial intelligence models ( AI), currently being tested, in the country.
The notice was issued on Friday evening, more than two months after the ministry issued a notice in December last year to social media platforms, ordering them to follow existing IT rules to deal with the issue of deepfakes.
“The use of undertested/unreliable artificial intelligence/LLM/generative AI models, software or algorithms and their availability to users on the Indian Internet must be done with the explicit permission of the Government of India and be deployed only after appropriately labeling the possible and inherent fallibility or unreliability of the generated result. Additionally, the “consent popup” mechanism can be used to explicitly inform users of the fallibility or unreliability possible and inherent in the generated result,” consultative reading.
The notice adds that it has recently come to the attention of the ministry that intermediaries or platforms are not complying with the due diligence obligations outlined in the Information Technology Rules (Intermediary Guidelines and Code of Ethics for digital media), 2021 (IT rules).
“All intermediaries or platforms must ensure that the use of artificial intelligence/LLM/generative AI models, software or algorithms on or through its computing resource does not allow its users to host, display, upload, modify, publish, transmit, store, update or share any illegal content as provided in Rule 3(1)(b) of the IT Rules or violate any other provision of the IT Act,” it said .
“All intermediaries or platforms must ensure that their IT resources do not enable bias or discrimination or threaten the integrity of the electoral process, including through the use of artificial intelligence/LLM/AI model(s). generative, software(s) or algorithms,” the notice reads.
“The use of undertested/unreliable artificial intelligence/LLM/generative AI models, software or algorithms and their availability to users on the Indian Internet must be done with the explicit permission of the Government of India and be deployed only after appropriately labeling the possible and inherent fallibility or unreliability of the generated result. Additionally, the “consent popup” mechanism can be used to explicitly inform users of the fallibility or unreliability possible and inherent of the generated result,” he stated further.
“All users must be clearly informed, including through the terms of services and user agreements of the intermediary or platforms, of the consequences of processing illegal information on its platform, including the deactivation of the access or deletion of non-compliant information, suspension or termination of the user’s rights of access or use to his user account, as applicable, and the sanctions provided for by applicable law”, adds -he.
“When an intermediary, through its software or any other computer resource, allows or facilitates the creation, generation or synthetic modification of text, audio, visual or audiovisual information, in such a way that this information can potentially be used for disinformation or deepfake purposes, it is recommended that this information created, generated or modified via its software or any other IT resource be tagged or integrated with a unique and permanent metadata or identifier, regardless of the name called, of such tag, metadata or identifier can be used to identify that such information was created, generated or modified using the intermediary’s computing resources, or identify the user of the software or other computing resources , the intermediary through which the software or other computer resource such information was created, generated or modified and the creator or first author of this misinformation or deepfake,” the notice adds.
“It is recalled that non-compliance with the provisions of the IT Act and/or IT Rules would result in potential criminal consequences for intermediaries or platforms or their users once identified, including, but not limited to, prosecution under the IT Act and several other statutes of the Penal Code,” the notice added.
“All intermediaries are hereby requested to ensure compliance with the above with immediate effect and submit a report on the action taken with status to the Ministry within 15 days of such intimation,” the Union Ministry added .
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