Earlier this month, the Ministry of Electronics and Information Technology (MeitY) released a draft amendment to the IT Rules 2021 requiring disclosures of synthetically generated information. The amendment defines synthetically generated information as “information that is artificially or algorithmically created, generated, modified, or altered using a computer resource, in a manner that such information reasonably appears to be authentic or true.”
Companies that allow people to generate synthetic information must make sure that the information has prominent labels or permanent, unique metadata or identifiers. The label/identifier must cover at least 10% of the visual display, or in the case of audio content, must be present during at least 10% of the duration. Companies must make sure that they do not allow users to remove the label/identifier.
As MediaNama has previously pointed out, this broad definition leaves room for a lot of different information to require labels. One of the key areas of concern emerging from this labelling requirement is for the augmented reality/virtual reality (AR/VR) domain, wherein effectively every element is ‘algorithmically generated’. In such a situation, to what extent can the company that provides the software tools for creating AR/VR implement synthetically generated information labels without jeopardising the immersive quality of the virtual environment?
Scope for AR/VR inclusion within the labelling requirements:
Picture this: You are navigating a horror game in VR, fully immersed in the realism of the spooky atmosphere. Suddenly, instead of a ghost popping up around the corner of your eye and jumpscaring you, you are faced with this label, “this information is synthetically generated,” covering 10% of your display. No matter which direction you turn, the label follows you around, keeping 10% of your vision occupied. This is what VR experiences may look like if the government implements the draft amendment in its current form.
“I think the intention of the rules appears to have been to curb what we typically call ‘deepfakes’ or other malicious end-user applications. But I think what happened is that I think the rules are not providing exceptions or laxity around creative uses for media, entertainment, industry, et cetera. For example, suppose I am a professional studio, or I am a VFX, or I am a film studio, even if I use AI tools. In that case, I will have that 10% surface area covered,” lawyer and tech policy advisor Dhruv Garg, who is a Partner at the Indian Governance and Policy Project (IGAP), told MediaNama.
The authenticity carve-out for gaming:
A very straightforward reading of the synthetically generated information suggests that it only includes those pieces of AI/algorithmically generated content that “reasonably appear to be authentic or true.” In practice this may mean that a game like Stardust Odyssey may not need disclosures…
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