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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) Rules, 2021 (IT Rules 2021)

Notified on February 25, 2021, by MeitY and MIB under Section 87 of the IT Act 2000, these rules replaced the Intermediary Guidelines Rules 2011. The rules impose obligations on intermediary platforms including social media, OTT platforms, and digital news media to not allow prohibited information including misinformation, patently false information, and impersonation. The rules established Grievance Officers, Grievance Appellate Committees (GAC), and due diligence requirements. Intermediaries had until May 25, 2021 to comply. The status is in force as binding regulations governing digital intermediaries.

February 2021

Issuing Authority

Ministry of Electronics and Information Technology (MeitY) and Ministry of Information and Broadcasting (MIB)

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

Section 20 – Responsible Information Sharing

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