The Union Ministry of Electronics and IT in India took decisive regulatory steps to address concerns raised by a deepfake video of South Indian actress Rashmika Mandanna. The action aims to prevent the proliferation of cyber and gender-based violence facilitated by AI technology.
After a deepfake video featuring Rashmika Mandanna emerged, the Indian ministry issued directives to social media platforms to combat the spread of AI-generated misinformation. This move aligns with the obligations outlined in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code), 2021.
The ministry issued two letters, led by junior Information Technology Minister Rajeev Chandrasekhar, reminding platforms of their legal duties to remove or disable access to such content in compliance with Indian laws.
Legal Framework and Implementation Challenges
The ministry’s directives also referenced Section 66D of the IT Act, penalizing the use of communication devices for cheating through impersonation. However, applying this section to the specific deepfake case involving Mandanna might be challenging, as an Indian advocate pointed out the difficulty in establishing the element of cheating as defined under the Indian Penal Code.
Additionally, the ministry mandated the removal of deepfakes within 36 hours of reporting, underscoring the platforms’ legal obligations under the IT Rules, 2021. An exception in rule 3(2)(b) necessitates the removal of content involving nudity, sexual acts, or impersonation within 24 hours of receiving a complaint.
The regulatory response highlights the Indian government’s commitment to addressing the challenges posed by deepfake technology and protecting individuals’ rights in the digital space.
