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ARTICLE · 25 MARCH 2024

Analysis – MEITY Advisory On AI Tools And Intermediaries

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On March 1, 2024, the Ministry of Electronics and Information Technology (MeitY) issued due diligence related advisory to platforms and intermediaries regarding the deployment and use

IndiaTechnology
Arya Tripathy
Arya Tripathy
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1. Introduction

On March 1, 2024, the Ministry of Electronics and Information Technology (MeitY) issued due diligence related advisory1 to platforms and intermediaries regarding the deployment and use of AI algorithms and software on their platforms (Advisory). Advisory has been issued with a specific focus on intermediaries' rights and liabilities under the Information Technology Act, 2000 (IT Act) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Intermediary Rules).2 This note provides an analysis of the Advisory and its potential impact.

2. Who are intermediaries?

Section 2(w) of the IT Act defines "intermediary" as any person who on behalf of another person receives, stores, or transmits electronic records, or provides any service concerning that record. It includes telecom, network, internet, and web-hosting service providers; search engines; online payment and auction sites; online marketplaces and

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