Gujarat HC Moves Against Google, Meta, X Over Deepfake Allegations

Google, Meta, X, Reddit, and Scribd are among the worldwide tech companies that have received notices from the Gujarat High Court (HC). These notifications are issued in relation to the dissemination of AI-generated content that is hosted on these platforms. A division bench consisting of chief justice Sunita Agarwal and judge DN Ray has ordered the mentioned intermediaries to submit their comments by the next hearing on May 8.

This is in response to a public interest litigation (PIL) that seeks a strong regulatory framework to limit the dissemination of deepfake content. The increasing numbers of AI-generated videos being shared online were brought to light by the petition. Therefore, the petition is concerned that the broad distribution of movies created by artificial intelligence on the internet endangers public safety and the proper functioning of the country's democratic system.

Petition Asked Stronger Action From Tech Giants on AI Content

The petition also called for a ban on AI deepfakes' production and usage to be enforced immediately. Such information has the potential to rip through society and cause "irreversible situations", as pointed out by the PIL. Aside from the Information Technology Act of 2000 and the Bharatiya Nyaya Sanhita (BNS), the PIL stated that the current legislative framework is insufficient to adequately control the production and distribution of such information.

At the hearing, representatives from the federal and state governments of Gujarat argued that the necessary legal framework already exists. But both groups have pointed out that intermediaries' delays and noncompliance have left enforcement loopholes. The federal government and the state of Gujarat also pointed out in their affidavits that some platforms have a history of responding to legitimate notices with lengthy delays, administrative barriers, or even complete noncompliance.

Although these arguments were considered, the HC ultimately decided that the lack of regulation is not the main problem, but rather its execution. The matters that require examination, according to the bench, revolve around the uniform application and stringent enforcement of the current legislative framework.

MeitY Pushing for Stronger Compliance

The MeitY also sought to have these businesses' compliance deadlines shortened in March. In March, the IT Act's Section 87 was amended to require social media intermediaries to "comply with clarifications, advisories, orders, directions, standard operating procedures, codes of practice or guidelines". These guidelines were issued in connection with the rules' implementation. These businesses would also be subject to stricter content takedown requirements under the proposed framework.

Within three hours of receiving government directives, platforms hosting content that could be used to "commit unlawful acts" would be compelled to remove it. A new deadline has been set by the MeitY for comments and feedback on the proposed changes to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Starting on April 12, stakeholders have until April 29 to provide feedback on the revisions.