India tightens AI content rules under IT Rules 2021 amendments

India is set to regulate content from artificial intelligence (AI). The Ministry of Electronics and Information Technology has proposed amending the IT Rules, 2021, to protect the public from AI-generated content including deepfakes.

India to regulate AI content, aims for transparency on deepfakes and misinformation. India proposes IT Rules amendments to curb AI-generated content, boost transparency, and hold platforms accountable for deepfakes and online misinformation.

The Centre is looking to make it easier for users to distinguish between genuine and AI-generated content and to hold social media platforms accountable for spreading misinformation.

Under the changes notified, Rule 3(1)(d) is slated to be amended to ensure that unlawful content is removed in a transparent, proportionate and accountable manner. Under these new rules, only a senior officer in the government not below the rank of Joint Secretary or its equivalent can order the removal of unlawful information. When it comes to the police, only an officer not below the rank of Deputy Inspector General of Police (DIG) can do so.

The notification must clearly spell out the legal basis and statutory provision, the nature of the unlawful act, and the specific URL/identifier or other electronic location of the information and the content to be removed.

This replaces the earlier broader reference of notifications with reasoned intimation, which aligns the rules with the actual knowledge required under Section 79(3)(b) of the IT Act. MeitY has said that all such intimations will reflect this standard.

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