Platforms with algo biases not protected under IT rule: Chandrasekhar

Those who are aggrieved by this can file FIRs against such platforms and safe harbour/immunity under Section 79 will not apply to these cases," said the minister

Social media platforms that are involved in algorithmic or search biases or if their Artificial Intelligence (AI) models are discriminatory will not get sanctuary under the safe harbour provision of the IT rules, Union Minister of State for Electronics and IT Rajeev Chandrasekhar said on Thursday.

His remarks came in response to a post on X (formerly Twitter) from a user who shared a screenshot of Google Bard denying summarising an article from an Indian website, calling it a ‘biased’ and ‘unreliable’ source.

“Search bias, algorithmic bias, and AI models with bias are real violations of the safety and trust obligations placed on platforms under rule 3(1)(b) of IT rules under the regulatory framework in India. Those who are aggrieved by this can file FIRs against such platforms and safe harbour/immunity under section 79 will not apply to these cases,” the minister wrote.

The safe harbour provision, under section 79 of India's Information Technology Act, 2000 provides legal immunity to the internet and social media platforms against content shared by users on the platforms.

Though there are no specific provisions for regulating AI in the IT Act 2000, platforms like Google Bard which are classified as an intermediary, still come under the purview of the law.

The upcoming Digital India Bill, which would replace the IT Act 2000, is expected to have provisions around the regulation of AI and lay rules and guidelines for the responsible use of AI, according to reports in the media.