MEITY notified regarding the Due diligence by Intermediaries/Platforms

Mar 14, 2024 | by TeamLease RegTech Legal Research Team

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Industry Specific ComplianceThe Ministry of Electronics and Information Technology (MEITY) on March 01, 2024, notified regarding the Due diligence by Intermediaries/Platforms.

All intermediaries/platforms are hereby advised to also ensure compliance to the following: 

• All intermediaries or platforms to ensure that use of Artificial Intelligence model(s) /LLM/Generative AI, software(s) or algorithm(s)on or through its computer resource does not permit its users to host, display, upload, modify, publish, transmit, store, update or share any unlawful content as outlined in the Rule 3(1)(b) of the IT Rules or violate any other provision of the IT Act. 

• All intermediaries or platforms to ensure that their computer resource do not permit any bias or discrimination or threaten the integrity of the electoral process including via the use of Artificial Intelligence model(s)/LLM/Generative AI, software(s) or algorithm(s). 

• The use of under-testing/unreliable Artificial Intelligence model(s)/LLM/Generative AI, software(s) or algorithm(s) and its availability to the users on Indian Internet must be done so with explicit permission of the Government of India and be deployed only after appropriately labeling the possible and inherent fallibility or unreliability of the output generated. Further, ‘consent popup’ mechanism may be used to explicitly inform the users about the possible and inherent fallibility or unreliability of the output generated. 

• All users must be clearly informed including through the terms of services and user agreements of the intermediary or platforms about the consequence of dealing with the unlawful information on its platform, including disabling of access to or removal of non-compliant information, suspension or termination of access or usage rights of the user to their user account, as the case may be, and punishment under applicable law.

All intermediaries are, hereby requested to ensure compliance with the above with immediate effect and to submit an Action Taken-cum-Status Report to the Ministry within 15 days of this advisory.

[Notification No. eNo.2(4)/2023-CyberLaws–3]


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