Introduction
On 1 March 2024, the Ministry of Electronics and Information Technology (“MeitY”) issued an advisory to select intermediaries and platforms engaged in artificial intelligence (AI) development on compliance with due diligence obligations as per the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Advisory”).
The Advisory focuses on platforms releasing untested AI products on the Indian internet, addressing concerns regarding misinformation dissemination. Further, startups have been exempted from compliance with the Advisory.
Key Takeaways from the Advisory
- Platforms are required to seek government permission before using or making under-testing AI models available in India.
- Intermediaries/platforms must ensure that AI models, large language models, generative AI, software, or algorithms (“AI Systems”) do not allow users to host, publish, or share unlawful content.
- Intermediaries/platforms must ensure that AI Systems do not compromise integrity of electoral processes.
- Platforms must provide disclosures to users on the reliability of the AI Systems through user-facing notices and policies.
- Users must be informed of consequences for publishing and sharing unlawful information.
- Intermediaries must label or embed unique identifiers for synthetic information, that are clearly visible to users and provide information about the origin and authenticity of content.
- Intermediaries must comply with the Advisory and submit a report on their compliance measures to MeitY within 15 days.
Recommended Action Plan
Platforms developing AI Systems may consider the following steps to comply with the Advisory:
- Developing a clear and transparent process for seeking government permission and appointing a dedicated point of contact for handling permission-related inquiries and submissions.
- Implementing robust content moderation tools for prompt detection and removal of deepfake content and enforcing strict content policies and community guidelines.
- Conducting regular audits of their algorithms and collaborating with authorities to identify and address potential threats to the electoral integrity.
- Including specific clauses in their terms of services on the consequences of publishing unlawful content and offering educational resources to users.
- Documenting all compliance efforts and ensuring timely reporting to the government.
It is important to note that the precise actions and responsibilities expected of companies in the realm of AI development and deployment are yet to be fully elucidated by the government. These finer details are anticipated to be clarified in the forthcoming AI regulations currently in preparation within India’s legislative framework, ensuring comprehensive guidance for adherence to regulatory standards by platforms and intermediaries.
For more information on how entities can ensure compliance with MeitY’s advisory, please connect with Sangeeta Jhunjhunwala, Partner at sangeeta.jhunjhunwala@khaitanlegal.com and Shruti Dvivedi Sodhi, Partner at shruti.sodhi@khaitanlegal.com.
