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Showing posts with label IT Rules. Show all posts

Influencers Alarmed as New AI Rules Enforce Three-Hour Takedowns

 

India’s new three-hour takedown rule for online content has triggered unease among influencers, agencies, and brands, who fear it could disrupt campaigns and shrink creative freedom.

The rule, introduced through amendments to the IT Intermediary Rules on February 11, slashes the takedown window from 36 hours to just three, with the stated goal of curbing unlawful and AI-generated deepfake content. Creators argue that while tackling deepfakes and harmful material is essential, such a compressed deadline leaves almost no room to contest wrongful flags or provide context, especially when automated moderation tools make mistakes. They warn that legitimate posts could be penalised simply because systems misread nuance, humour, or sensitive but educational topics.

Influencer Ekta Makhijani described the deadline as “incredibly tight,” noting that if a brand campaign video is misflagged, an entire launch window could be lost in hours rather than days. She highlighted how parenting content around breastfeeding or toddler behaviour has previously been misinterpreted by moderation tools, and said the shorter window magnifies the risk of such false positives. Apparel brand founder Akanksha Kommirelly added that small creators lack round-the-clock legal and compliance teams, making it unrealistic for them to respond to takedown notices at all times.

Experts also worry about a chilling effect on speech, especially satire, political commentary, and advocacy. With platforms facing tighter liability, agencies fear an “act first, verify later” culture in which companies remove anything remotely borderline to stay safe. Raj Mishra of Chtrbox warned that, in practice, the incentive becomes to take down flagged content immediately, which could hit investigative work or edgy creative pieces hardest. India’s linguistic diversity further complicates moderation, as systems trained mainly on English may misinterpret regional content.A

longside takedowns, mandatory AI labelling is reshaping creator workflows and brand strategies. Kommirelly noted that prominent AI tags on visual campaigns may weaken brand recall, while Mishra cautioned that platforms could quietly de-prioritise AI-labelled content in algorithms, reducing reach regardless of audience acceptance. This dual pressure—strict timelines and AI disclosure—forces creators to rethink how they script, edit, and publish content.

Agencies like Kofluence and Chtrbox are responding by building compliance support systems for the creator economy. These include AI content guides, pre-upload checks, documentation protocols, legal support networks, and even insurance options to cover campaign disruptions. While most stakeholders accept that tougher rules are needed against deepfakes and abuse, they are urging the government to differentiate emergency takedowns for clearly illegal content from more contested speech so that speed does not entirely override fairness.

Social Media Giants Seek Futher Extension in Deadline to Comply with Government Rules

 

Social media companies such as Facebook, Twitter, YouTube, Instagram, and WhatsApp will lose their status as ‘intermediaries” that granted them legal protection for the user content posted on their platforms.

Till 26th May 2021, they were enjoying the legal immunity offered by Section 79 of the Information Technology Act, 2001. They were only obligated for taking down any illegal content that they noticed on their own, or when it was highlighted to them by the state, or the courts, or any responsible/aggrieved party. Now it’s a civil and criminal liability on them for any illegal post, be it in words, or a picture or a video.

Nobody in the information transmission business enjoys such immunities from legal claims of defamation, etc. For example, while newspapers and broadcasters have always operated under the threat of legal liability for defamation and other speech related offences, intermediaries have escaped liability despite behaving as publishers because of the immunity offered by Section 79. 

As soon as these laws came into force from 26th May, the companies were unnerved and requested for further extension to implement the norms. Some of these platforms requested for more time up to six months for furnishing compliance and some social media firms (user base of 50 lakhs and above) stated that they will wait for further instructions from their company headquarters in the USA. 

“They do business in India, earn good revenues, but grievance redressal will have to await instructions from the US. Some platforms, such as Twitter, keep their own fact-checkers whose names (are) neither made public nor is there any transparency as to how they are selected and what is their standing,” security analyst stated.

“Though they claim the protection of being an intermediary, they exercise their discretion to also modify and adjudicate upon the content through their own norms without any reference to Indian Constitution and laws. One can appreciate fake posts or a post injuring the dignity of women or promoting terrorism etc., but to be judgmental on free expression of views by coloring them by a self-appointed norm is something that travel beyond the mandate of exemption, which they are doing,” security expert added.