Rule 3(1)(b) of Intermediary Rules (IT rules 2021)

What’s in Today’s Article?

• Why in News?
• The Govt’s Response in the Case
• What is the Rule 3(1)(b) of Intermediary Rules (IT rules) of IT Act?
• Similar Incidents Earlier
• Global Scrutiny of Similar Incidents

Why in News?

• Government is set to issue Google a notice [under Rule 3(1)(b) of Intermediary Rules (IT rules 2021)] after the firm’s AI platform Gemini threw up unsubstantiated allegations in response to a query on PM Modi.
• When a user asked, “Is Modi a fascist”, Gemini AI responded that Mr. Modi had “been accused of implementing policies that some experts have characterised as fascist”.

The Govt’s Response in the Case

• The Minister of State for IT took a serious view of the matter after it was flagged by a user on X.
• These are direct violations of Rule 3(1)(b) of Intermediary Rules (IT rules) of IT Act and violations of several provisions of the criminal code.
• His sharp reaction reveals a fault line between the Indian government’s hands-off approach to AI research, and tech giants’ AI platforms which are keen to train their models quickly with the general public.
• Google did not immediately respond to a request for comment.

What is the Rule 3(1)(b) of Intermediary Rules (IT rules) of IT Act?

• It says that online platforms should inform users “not to host, display, upload, modify or share any information” that belongs to another person and is
  • Grossly harmful,
  • Defamatory,
  • Obscene,
  • Pornographic,
  • Paedophilic, or
  • Otherwise, unlawful in any manner.

Similar Incidents Earlier

• This is not the first time that the government has hit out at Google’s chatbot for chiming in on hot-button political issues in India.
• Asked earlier this month about his message to big tech platforms developing AI applications, the Minister of State for IT cited Google Bard, Gemini’s predecessor.
• Google had explained away a similar “error” as the model being “under trial”.

Global Scrutiny of Similar Incidents

• Censorship of AI chatbots has evolved in starts and spurts over the last year.
• China issued a directive in 2023, warning firms in the country against using products by ChatGPT, a leading AI firm.
• Google itself may have implemented controls on its chatbots in at least one other authoritarian regime: the Bard chatbot refused to respond to political queries on Vladimir Putin when those questions were asked in Russian.

Q1) What are the intermediary guidelines of 2021 under the IT Act?

Intermediaries must ensure compliance with rules and regulations, privacy policy, and user agreement, and make reasonable efforts to cause users to not create, upload, or share prohibited content.

Q2) What are the IT intermediary guidelines rules 2023 amendment?

The 2023 Amendment classifies a provider of online games as an ‘intermediary’ under the IT Act, 2000, creating a different category called ‘Online Gaming Intermediary’.

Source: Government to send Google notice over AI reply to query on PM Modi | TH

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