New Rules Unveiled
The Ministry of Electronics and Information Technology (MeitY) has officially amended the 2021 IT (Intermediary Guidelines and Digital Media Ethics Code)
Rules, bringing "synthetically generated information" (SGI) under a regulatory umbrella. This significant move targets the proliferation of deceptive content, including deepfakes, by establishing clear guidelines for online intermediaries. The updated framework aims to create a more responsible digital environment by addressing the potential harms associated with artificially created or modified media. This proactive step by the government underscores a commitment to safeguarding users from misinformation and manipulation in the rapidly evolving digital sphere.
Mandatory Content Labeling
A core component of these new regulations mandates that online platforms must clearly identify or label content that has been synthetically created or altered. This identification can be achieved through various methods, such as visible disclosures displayed alongside the content, embedded metadata that provides technical details about its origin, or direct user notifications. The goal is to ensure that users are aware when they are interacting with information that is not entirely authentic. While the initial draft had broader requirements, the finalized rules focus on content that poses a risk of misleading users, making the identification process more targeted and practical for intermediaries.
Accelerated Takedown Timelines
Beyond disclosure requirements, the MeitY's amendments introduce significantly faster timelines for content moderation. In response to lawful orders from government agencies or court directives, social media platforms are now required to remove or disable problematic content within a stringent three-hour window. This is a considerable reduction from the previously proposed 36 hours. Furthermore, other content moderation deadlines have also been compressed; for instance, general content removal timelines have been shortened from 15 days to seven days, and from 24 hours to 12 hours, depending on the specific violation. These expedited measures are designed to enhance the speed and effectiveness of addressing harmful or unlawful online content.
Harm-Based Approach Adopted
The finalized regulations demonstrate a notable shift towards a more flexible and harm-focused approach compared to the initial draft. Industry bodies, including IAMAI and Nasscom, had voiced concerns that the draft's broad definition of SGI could inadvertently encompass routine digital edits alongside malicious deepfakes. Consequently, the final notification narrows the scope of SGI to content that is likely to mislead users, adopting a harm-based methodology. This means platforms are now obligated to make "reasonable efforts" to identify such content, allowing for various technical means beyond just visible disclosures. This recalibration aims to balance the need for regulation with the practicalities of content creation and modification in the digital space.
