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In Summary

  • MeitY issued a notice to ‘X’ for its AI tool ‘Grok’ generating obscene synthetic images of women and children.
  • This action highlights non-compliance with Indian IT Act, 2000 (Sections 66E, 67, 67A, 67B) and IT Rules, 2021.
  • Non-compliance risks loss of ‘safe harbour protection’ and requires platforms to inform police about serious cognisable offences under BNSS, 2023.

In Summary

The Ministry of Electronics and Information Technology (MeitY) has send notice to ‘X’ over misuse of its AI tool ‘Grok’ to generate obscene, indecent, sexually explicit synthetic images/videos of women and children.

Issues flagged by Government

  • Non-compliance with Indian IT laws: Failure to meet due-diligence obligations under IT Act, 2000 and IT Rules, 2021.
  • Violation of privacy and dignity: AI-generated content undermining women’s privacy, dignity, and safety.

Regulation of social media in India

  • Information Technology Act, 2000
    • Section 66E: Punishes violation of privacy (capturing/transmitting private images without consent).
    • Section 67: Punishes publishing or transmitting obscene material in electronic form.
      • Section 67A: Punishes sexually explicit content in electronic form.
      • Section 67B: Specifically covers sexual content involving children.
  • IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (under IT Act, 2000)
    • Rule 3 (Due diligence by intermediaries): Platforms must remove unlawful content, stop hosting obscene/sexual content.
    • Rule 4 (Additional rules for Significant Social Media Intermediaries): They must appoint Chief Compliance Officer, Grievance Officer, enable traceability of unlawful content etc.
    • Non-compliance risks loss of ‘safe harbour protection’ (which shields from liability for user-generated content).
  • Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Platforms must inform police when they detect serious cognisable offences especially involving women or children.
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Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

A new criminal procedure code in India that mandates social media platforms to inform the police about detected serious cognisable offences, particularly those involving women or children.

Safe Harbour Protection

A legal shield for intermediaries that protects them from liability for the content posted by their users, provided they comply with certain regulations. Non-compliance can lead to the loss of this protection.

Significant Social Media Intermediaries

Social media intermediaries that meet certain criteria (e.g., user base size) and are subject to additional obligations under the IT Rules, 2021, such as appointing a Chief Compliance Officer and a Grievance Officer.

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