X Social Media Platform to Face Accountability for Grok-Generated Content, Says Government Source

Social media platform X might soon be held accountable for content generated by its AI tool, Grok, according to a government source. Users have recently posed questions about Indian politicians to Grok, receiving responses deemed inappropriate. The Ministry of Electronics and Information Technology is currently discussing with X to evaluate the tool's functionality.

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The government had previously acted swiftly when Google's Gemini made unfavourable comments about Prime Minister Narendra Modi. Guidelines were issued to regulate AI-generated content on social media. Companies are expected to comply with these regulations, as noted by the source.

Legal Implications and Court Proceedings

X has filed a lawsuit in the Karnataka High Court against the Indian Government. The platform argues that content regulations under Section 79(3) of the IT Act are unlawful and arbitrary. X contends that these regulations violate Supreme Court rulings and restrict free expression online.

The lawsuit claims the government is using Section 79(3) to create an alternative content-blocking mechanism, bypassing the legal process outlined in Section 69A. This contradicts the Supreme Court's 2015 ruling in the Shreya Singhal case, which mandates content blocking through judicial or legally defined routes.

Content Liability and Safe Harbour Protection

If a platform fails to remove objectionable content within 36 hours, it risks losing its safe harbour protection under Section 79(1). This could lead to accountability under various laws, including the Indian Penal Code. Section 79(1) shields platforms from liability for user-posted objectionable content.

Sub-section 2 of Section 79 outlines conditions for intermediaries, while sub-section 3 specifies when protection does not apply. If a platform accepts liability for user-generated content, it can be prosecuted but may challenge this in court.

The courts will ultimately decide on social media platforms' content blocking contentions. The source emphasised that legal scrutiny is necessary to determine if X can be held responsible for Grok-generated content.