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India AI Regulation Landscape 101

This is a simple regulatory tracker consisting all information on how India is regulating artificial intelligence as a technology, inspired from a seminal paper authored by Abhivardhan and Deepanshu Singh for the Forum of Federations, Canada, entitled, "Government with Algorithms: Managing AI in India’s Federal System – Number 70".

We have also included case laws along with regulatory / governance documents, and avoided adding any industry documents or policy papers which do not reflect any direct or implicit legal impact.

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Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules 2023)

Notified on April 6, 2023, these amendments introduced provisions specifically targeting AI-generated misinformation and online gaming regulation. Key provisions include prohibition of harmful unapproved online games, mandatory takedown of content identified as fake or misleading by government fact-check units, and registration requirements with Self-Regulatory Bodies (SRBs) for online gaming platforms. The amendments also addressed deepfakes as AI-powered misinformation under the prohibited content categories. Non-compliance results in loss of safe harbor protection for intermediaries. The status is in force as amended regulatory framework.

April 2023

Issuing Authority

Ministry of Electronics and Information Technology (MeitY)

Type of Legal / Policy Document

Secondary Legislation

Status

In Force

Regulatory Stage

Regulatory

Binding Value

Legally binding instruments enforceable before courts

Related Long-form Insights on IndoPacific.App

Artificial Intelligence and Policy in India, Volume 4 [AIPI-V4]

AIACT.IN Version 3 Quick Explainer

Reimaging and Restructuring MeiTY for India [IPLR-IG-007]

Artificial Intelligence and Policy in India, Volume 5 [AIPI-V5]

Averting Framework Fatigue in AI Governance [IPLR-IG-013]

Reckoning the Viability of Safe Harbour in Technology Law, IPLR-IG-015

Artificial Intelligence and Policy in India, Volume 6 [AIPI-V6]

Artificial Intelligence, Market Power and India in a Multipolar World

Related draft AI Law Provisions of aiact.in

Section 15 – Guidance Principles for AI-related Agreements

Section 16 – Guidance Principles for AI-related Corporate Governance

Section 18 – Third-Party Vulnerability Reporting

Section 19 – Incident Reporting and Mitigation Protocols

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