Government’s New IT Rules on AI Content Labelling
The government has introduced a regulatory framework for AI-generated content, including deepfake videos, synthetic audio, and altered visuals, by amending India’s IT intermediary rules. This new regulation, known as the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, takes effect on February 20, 2026.
Mandatory Labelling Requirements
Under the new rules, platforms are required to label all synthetically generated information (SGI) prominently enough for users to identify it instantly. Additionally, they must embed persistent metadata and unique identifiers, ensuring that the content can be traced back to its origin. Once these labels are applied, they cannot be modified, suppressed, or stripped away.
Definition of AI-Generated Content
The government has formally defined synthetically generated information for the first time. This includes any audio, visual, or audio-visual content created or altered using computer resources that appear realistic and may misrepresent genuine people or events. However, routine editing—such as colour correction, noise reduction, and translation—is exempt, provided it does not distort the original meaning.
Compliance Expectations for Social Media Platforms
The responsibility for compliance primarily falls on major social media platforms like Instagram, YouTube, and Facebook. Under the new Rule 4(1A), platforms must ask users whether the content is AI-generated before uploading. Furthermore, automated tools must be deployed to verify the content’s format, source, and nature prior to it going live.
If any content is flagged as synthetic, a visible disclosure tag is required. Platforms that knowingly allow violating content to be published will be deemed to have failed in their due diligence.
Changes to Response Windows
The timeframes for platforms to act on lawful orders have been significantly reduced. Platforms now have three hours to respond, a drastic cut from the previous 36 hours. Other deadlines have also been shortened: the 15-day response window is now seven days, and the 24-hour deadline is halved to 12 hours.
Legal Implications
The new rules establish a direct connection between synthetic content and criminal law. SGI involving child sexual abuse material, obscene content, false electronic records, explosives-related material, or deepfakes that misrepresent identities will now fall under various legal acts, including the Bharatiya Nyaya Sanhita, POCSO Act, and the Explosive Substances Act.
User Awareness and Safe Harbour Protection
Platforms are mandated to inform users at least once every three months, in English or any of the Eighth Schedule languages, about the penalties for misusing AI content. Importantly, the government has assured intermediaries that taking action against synthetic content will not strip them of safe harbour protection under Section 79 of the IT Act.
