The Indian government has initiated a stern response to a controversial new feature on Elon Musk's artificial intelligence platform, Grok, which has sparked significant concerns over the generation of non-consensual sexually explicit imagery. The feature, colloquially known as 'spicy mode,' allows users to create such content based on prompts, leading to a formal notice from the Ministry of Electronics and Information Technology (MeitY) to the social media platform X, where Grok is integrated.
Government Takes Cognizance, Issues Formal Notice
This development follows recent warnings from MeitY about the increasing volume of explicit material online. IT Minister Ashwini Vaishnaw stated on Friday, January 2, 2026, that the Centre is fully aware of the issue. He referenced a parliamentary standing committee's recommendation for imposing stricter laws on social media content. A senior government official, speaking anonymously, confirmed that MeitY has contacted X for potential violations of Indian regulations.
The official emphasized the government's stance, stating that any company failing to comply with Indian laws risks losing its safe harbour protection under Section 79 of the IT Act. This legal clause typically shields intermediaries from prosecution for user-generated content. However, the official clarified that government action is contingent upon a formal lawsuit being filed regarding the incidents on X.
In its formal notice to X, MeitY advised the platform to "strictly desist" from hosting or sharing any obscene, pornographic, or sexually explicit content prohibited under Indian law. The notice explicitly warned that failure in due diligence would result in the loss of liability exemption and make the platform liable for consequential action under the IT Act and the Bharatiya Nyaya Sanhita (BNS).
Legal Experts Call for Nuanced AI Laws and Safe Harbour Review
The controversy centers on Grok's public usage policy, which permits the generation of sexually explicit content strictly based on user prompts, a liberty not offered by competitors like Google's Gemini or OpenAI's ChatGPT. This has led to a critical debate on the applicability of safe harbour protections to AI tools developed by the platform itself.
NS Nappinai, a Supreme Court senior counsel and founder of Cyber Saathi, argued that the time is ripe for India to enact AI-specific laws against deepfakes and manipulated imagery. She stressed that platforms should not be allowed to claim safe harbour protection for content generated by their own tools, like Grok. "Grok is importantly a part of the platform itself... It would thus be erroneous to presume that Grok’s actions should be immune to prosecution," Nappinai stated. She called for the legislature to explicitly limit the broad interpretation of safe harbour in the age of AI.
Echoing this sentiment, Shiv Sapra, partner at Kochhar & Co, explained that creating and distributing non-consensual synthetic sexual imagery of a real person remains unlawful. He clarified that the 'wrong' is the violation of privacy, dignity, and reputation, regardless of the image's authenticity. "The law looks at conduct, intent and violation of dignity and privacy, and not the dogmatic technicalities such as authenticity of the image," Sapra said, indicating that such acts could attract penalties under the IT Act and the BNS.
Broader Context and Platform's Stance
The situation unfolds against the backdrop of Elon Musk's ownership of both X and Grok. Since acquiring the platform formerly known as Twitter for $44 billion, Musk, the world's richest person with a net worth of $726 billion, disbanded its content moderation teams, including in India. X's own policy allows adult content if it is labelled and not prominently displayed.
As of now, attempts to reach a representative of X in India for comment have been unsuccessful. The government's proactive move signals a tightening regulatory environment for AI and social media platforms operating in India, emphasizing accountability and user protection in the digital space.
