Context

The government has withdrawn its mandate for artificial intelligence (AI) models, LLMs (large language models), and algorithms having to mandatorily seek explicit permission before deploying it for Indian users.

The new advisory

• In a fresh advisory, the ministry of electronics and information technology said that unreliable AI foundational models, LLMs, generative AI software or algorithm or any such model should be made available to Indian users only after “appropriately labelling the possible inherent fallibility or unreliability of the output generated,”.
• The IT ministry has, while doing away with the mandate for explicit permission, retained the “consent popup” need and said that such mechanisms should be used by intermediaries, AI models, LLMS, and generative AI softwares, among others to inform the users of the output being false or unreliable.
• The intermediaries and platforms were often ‘negligent’ when it came to undertaking due diligence obligations.
• All intermediaries and platforms should ensure that the use of AI models, LLMs, Gen AI, software or algorithms on their platforms does not allow users to share any unlawful content as outlined in Rule 3(1)(b) of the Information Technology (IT) Rules.
  • Rule 3 (1)(b) of the IT Rules prohibits displaying, hosting, transfer or generation of certain kinds of content such as pornography, child sexual abuse material, obscene, grossly defamatory or unlawful in any manner.