Social media companies government deepfake: Firms say instead of blanket ban, axe deepfakes with ‘ill intent’

Instead of imposing a blanket ban on “deepfakes” across the internet, social media companies have proposed that the government introduce proposals only to ban or take down content which was released with “criminal or ill intent”, sources in the know of the development told ET.
The government is in the process of coming up with new regulations on deepfakes in the next few weeks.

In their meetings with senior officials from the ministry of electronics and information technology, these intermediaries have said that if all deepfake content is barred on their platforms, it could likely mean the end of life for innovation or new kinds of content using deepfakes, especially in advertising and marketing, a source said.

“Deepfakes in itself are not bad. It could lead to new kinds of innovation, for apps and services. The technology has to be regulated. The government intends that if the content is ‘misleading’ it should be barred or taken down. So, if the content has only entertainment value, it is harmless and therefore need not to be removed just because it is a deepfake,” an official said.

Over the past two months, the IT ministry has met senior executives from social media companies several times to arrive at a workable solution for the deepfakes issue.

Though initially the government believed that all such content ought to be taken down until proper regulations for them were formed, social media and internet intermediaries argued that only content with “ill or criminal intent” should be taken down or removed.

“There is a concept of fair dealing regime even in the courts. We are hopeful that the government will understand the uses this technology can be put in to and that barring all content under it might be a misstep,” an executive at a social media intermediary said.

Senior officials from the IT ministry have said that though there are provisions in the IT Rules to tackle deepfakes, an amendment could also be brought specifically targeting such content if they are not controlled by the platforms.

“Deepfake is classified as impersonation and misinformation under Rule 3(2)(b) of the IT Rules and therefore has detailed provisions on the action to be taken. All intermediaries need to follow it, failing which there are provisions for their safe harbour provision to be taken away,” an official said.

Instead of imposing a blanket ban on “deepfakes” across the internet, social media companies have proposed that the government introduce proposals only to ban or take down content which was released with “criminal or ill intent”, sources in the know of the development told ET.
The government is in the process of coming up with new regulations on deepfakes in the next few weeks.

In their meetings with senior officials from the ministry of electronics and information technology, these intermediaries have said that if all deepfake content is barred on their platforms, it could likely mean the end of life for innovation or new kinds of content using deepfakes, especially in advertising and marketing, a source said.

“Deepfakes in itself are not bad. It could lead to new kinds of innovation, for apps and services. The technology has to be regulated. The government intends that if the content is ‘misleading’ it should be barred or taken down. So, if the content has only entertainment value, it is harmless and therefore need not to be removed just because it is a deepfake,” an official said.

Over the past two months, the IT ministry has met senior executives from social media companies several times to arrive at a workable solution for the deepfakes issue.

Though initially the government believed that all such content ought to be taken down until proper regulations for them were formed, social media and internet intermediaries argued that only content with “ill or criminal intent” should be taken down or removed.

“There is a concept of fair dealing regime even in the courts. We are hopeful that the government will understand the uses this technology can be put in to and that barring all content under it might be a misstep,” an executive at a social media intermediary said.

Senior officials from the IT ministry have said that though there are provisions in the IT Rules to tackle deepfakes, an amendment could also be brought specifically targeting such content if they are not controlled by the platforms.

“Deepfake is classified as impersonation and misinformation under Rule 3(2)(b) of the IT Rules and therefore has detailed provisions on the action to be taken. All intermediaries need to follow it, failing which there are provisions for their safe harbour provision to be taken away,” an official said.