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CENTRE SEEKS LEGAL OPINION ON MISUSE OF AI TOOL GROK

Why in the News?

  • Regulatory escalation: The Ministry of Electronics and Information Technology (MeitY) is seeking legal opinion on action against X over misuse of its AI tool Grok.
  • Response rejected: MeitY has rejected X’s reply to its January 2 notice on sexually explicit AI-generated deepfakes.
  • Legal precedent: The case may redefine whether generative AI systems are treated as content creators under Indian law.

ALLEGATIONS AND GOVERNMENT CONCERNS

●      Obscene content: Grok allegedly used to generate sexually explicit and derogatory images/videos of women.

●      Beyond fake accounts: Abuse involved manipulation of legitimate photos and videos using AI prompts.

●      Consent violations: Content allegedly violates decency and obscenity laws.

●      Compliance gaps: MeitY found X’s submission inadequate, calling it a repetition of internal user policies.

●      Reporting failures: Concerns raised over mandatory crime-reporting mechanisms and governance lapses.

LEGAL AND REGULATORY IMPLICATIONS

  • Safe harbour risk: Non-compliance could lead to loss of intermediary immunity under Section 79 of the IT Act, 2000.
  • AI liability debate: MeitY argues Grok is not a neutral platform tool but an artificial content creator.
  • Precedent setting: Classification of AI as a content creator could reshape India’s AI regulation framework.
  • Global scrutiny: Issue mirrors ongoing probes in Europe into AI-generated deepfakes.
  • Platform accountability: Government warned of strict legal consequences for platforms and officers.

SECTION 79 OF THE IT ACT, 2000

●      Purpose: Provides safe harbour protection to intermediaries for third-party content.

●      Condition: Immunity applies only if due diligence and lawful takedown are followed.

●      Limitation: Does not protect platforms that initiate or modify unlawful content.

●      AI challenge: Generative AI blurs the line between intermediary and content creator.

●      Policy debate: Central to India’s evolving approach to AI governance and digital safety.