To address the increasing misuse of artificially created content, such as deepfakes, the government has introduced preliminary regulations mandating that AI-produced material be clearly marked on social media sites including YouTube and Instagram. These platforms must obtain confirmation from users regarding whether their uploaded material constitutes artificially generated content.

Within Parliament and various other venues, there have been demands for measures to combat deepfakes, which are harming society. Individuals are utilizing photos of notable figures to produce deepfakes that invade their private lives, breach their privacy, and disseminate false information, stated Union Electronics and Information Technology Minister Ashwini Vaishnaw.

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Through a suggested modification to the Information Technology Rules from 2021, the Ministry of Electronics and Information Technology has indicated that all online intermediaries permitting AI use for content creation must guarantee that such information is clearly marked or embedded with a lasting unique metadata or identification code.

These intermediaries must also possess appropriate tools and technical methods to confirm the validity of user declarations. Additionally, the ministry has suggested that the disclosure of AI use in content creation should be clearly visible. Interested parties have been requested to provide their feedback by November 6.

The administration will not establish technical specifications for tools utilized by users or social media and internet intermediaries to mark AI-created content. Nevertheless, it will operate under the premise that suitable and balanced technical methods have been implemented to confirm the validity of user statements and to guarantee that no artificially created information is released without proper disclosure or marking.

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Moreover, all markings and disclaimers for AI-created content must occupy no less than 10 percent of the content's viewable space. For AI-created content containing audio elements, the marking or disclaimer must be present during the initial 10 percent of the content's length.

In justifying the proposed changes, the ministry noted that recent instances of "deepfake audio, videos and synthetic media becoming widespread on social platforms" had highlighted generative AI's capacity to produce convincing content.

This type of content can be utilized as a weapon to disseminate false information, harm reputations, manipulate or sway elections, or perpetrate financial fraud, the ministry explained regarding the reasoning for the suggested amendment.

Social media platforms and internet intermediaries that fail to identify AI-created text, image, audio, or video content, or deliberately permit such material on their services without proper disclaimers "will be considered to have neglected to maintain due diligence."

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This may subsequently lead to the intermediary forfeiting its safe-harbor provisions under Section 79 of the I-T Act, 2000, according to reports.

This outcome will occur if AI-created content violates current regulations under either the I-T Act of 2000 or the IT Rules of 2021, and the platform, after being informed about the content's characteristics, either neglects to mark it appropriately or deliberately allows such material to remain.