Ministry sends social media firms advisory to regulate deepfakes

Subject: Science and Tech

Section: Defence

Context:

The Ministry of Electronics and Information Technology said that it had sent another advisory to social media firms to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

What are Deepfakes?

Deepfakes are highly realistic and often convincing digital forgeries of videos, images, or audio recordings.
They are generated using artificial intelligence (AI) and machine learning techniques, particularly deep learning, from which the term “deepfake” is derived.
Deepfakes are made using algorithms called generative adversarial networks (GANs), among other techniques.
A GAN consists of two parts: the generator, which creates images or videos, and the discriminator, which evaluates their authenticity. They work in tandem to improve the quality of the forgeries.
With deepfake technology, creators can make people appear to say or do things they never did.
This includes facial expressions, lip movements, voice, and even body language if full-body deepfakes are made.

Government’s Action Against Deepfakes

Issuing Notices: The IT Ministry has sent notices to social media intermediaries (like Facebook, Twitter, Instagram, etc.) reminding them that online impersonation, including the creation and dissemination of deepfakes, is illegal under Section 66D of the Information Technology Act, 2000.
Content Takedown: The IT Ministry has instructed these platforms to remove content that qualifies as deepfakes within 36 hours, as required by the IT Rules, 2021.
Due Diligence and Reasonable Efforts: The IT Ministry has told social media companies that they need to exercise due diligence and make reasonable efforts to identify and flag misinformation and deepfakes.
Prohibition of Impersonating Content: The IT Rules, 2021, as cited in the article, specifically prohibit hosting any content that impersonates another person. This includes deepfakes where someone’s appearance and voice can be manipulated to appear as someone else.
Requirement for Prompt Action: Social media firms are required to quickly take down artificially morphed images or videos of an individual when they are alerted to such content.

Laws Against Deepfakes in India

India does not have any specific laws that exclusively address deepfakes. However, various provisions of existing laws can be applied to tackle issues arising from deepfakes.
Section 66E of the IT Act of 2000:
- This section applies in cases of deepfake offenses that entail recording, publishing, or sending a person’s photographs in mass media, infringing on their privacy.
- Offenders face up to three years in prison or a fine of up to two lakh rupees.
Section 66D of the IT Act of 2000:
- It allows for the prosecution of those who utilize communication devices or computer resources with the criminal goal of cheating or impersonating someone.
- It is punishable by up to three years in prison and/or a fine of up to one lakh rupees.
Copyright Protection:
- The Indian Copyright Act of 1957 protects works such as films, music, and other creative content.
- Copyright holders can sue persons who construct deepfakes utilizing copyrighted works without permission.
- Penalties for copyright infringement are set out in Section 51 of the Copyright Act.
Government Advisory:
- On January 9, 2023, the Ministry of Information and Broadcasting issued a warning to media outlets to be cautious when airing content that could be modified or tampered with.
- The Ministry also suggested that manipulated content be labeled as “manipulated” or “modified” to alert viewers that the content has been altered.