Amendments to the Information Technology Act, 2021
The Union Government has introduced significant amendments to the Information Technology Act, aimed at regulating AI-generated content and expediting the removal of unlawful material.
Key Changes Notified
- Reduced Timeline for Takedown:
- Platforms must act on government or court orders within three hours, down from the previous 36 hours.
- Content deemed illegal must be taken down in 3 hours, while sensitive content like non-consensual nudity and deepfakes must be removed within 2 hours.
- Labelling of AI-generated Content:
- Photorealistic AI-generated content must be prominently labelled.
- Social media firms are required to seek disclosures from users if their content is AI-generated.
- If no disclosure is received, firms must either proactively label the content or remove it in cases of non-consensual deepfakes.
Definitions and Compliance
- Synthetically generated content is defined as information created or altered using a computer resource to appear real.
- AI-generated imagery must be labelled prominently, though platforms have been given some leeway from the initial 10% coverage requirement.
- Failure to comply could result in losing the safe harbour protection, meaning platforms could be held liable like traditional publishers.
Procedural Adjustments
- States are permitted to notify more than one officer to issue takedown orders, addressing the needs of larger populations.
