Until a few years ago, the Ministry of Electronics and Information Technology (MEITY/MeitY) was called the Department of Electronics and IT, or DEITY. The abbreviation often led to its overzealous and early attempts to censor the Internet, or regulate technology, open to ridicule. Underlying it is the comic act of government departments that demand divine obedience but do their work with clumsy incompetence. This very avatar was adopted on March 1, 2024, when MEITY issued an advisory to several large platforms for the regulation of generative Artificial Intelligence (AI). It was immediately criticised by both a cross-section of experts in regulation and AI and even the more reticent start-up founders.
An ambiguous stance on legal status
The crux of the issue lies in understanding the legal basis of the government’s text. The term “advisory” lacks definition under the principal legislation empowering MEITY, and the Information Technology Act, 2000 (IT Act). Unlike regulatory bodies such as the Securities and Exchange Board of India, MEITY has no residual powers. But still, it has regularly issued advisories at least since March 2020, with four published on its website until June 2022 and none thereafter. These advisories, aimed at “all social media platforms”, demand vague censorship without citing any legal authority. Contrary to optimistic interpretations, these advisories are more than mere suggestions. One is even titled “notice”, indicating MEITY’s ambiguous stance on the legal status of these advisories. They imply compliance without stating clear penalties. In a weak rule of a country like ours it is common sense for citizens and corporations to perform a compliance charade after an unreasonable demand rather than asking for the official’s rulebook. Hence, these vague advisories are an offer you cannot refuse.
