The Government is cognizant of the need to create guardrails to ensure that AI is safe and trusted. Accordingly, the Central Government after extensive public consultations with relevant stakeholders has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”) on 25.02.2021 which were subsequently amended 28.10.2022 and 6.4.2023.
The IT Rules, 2021 cast specific legal obligations on intermediaries, including social media intermediaries and platforms, to ensure their accountability towards safe and trusted internet including their expeditious action towards removal of the prohibited misinformation, patently false information and deep fakes. In case of failure of the intermediaries to observe the legal obligations as provided in the IT Rules, 2021, they lose their safe harbour protection under section 79 of the Information Technology Act, 2000 (“IT Act”) and shall be liable for consequential action or prosecution as provided under any extant law.
The Digital Personal Data Protection Act, 2023 has also been enacted on 11th August, 2023 which casts obligations on Data Fiduciaries to safeguard digital personal data, holding them accountable, while also ensuring the rights and duties of Data Principals.
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