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IT Rules Amendment, 2026: Regulation of AI-Generated Content

Context

The Ministry of Electronics and Information Technology (MeitY) has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, to address risks posed by photorealistic AI-generated content and deepfakes. The amendments will come into force on February 20, 2026.

About synthetic or photorealistic media

About synthetic or photorealistic media
●     Definition: Synthetic media refers to images, videos, or audio generated or altered using artificial intelligence that appear realistic and can closely resemble real people, events, or scenes.

●     Enabled by generative AI, such content can be created with minimal effort and is increasingly indistinguishable from authentic media.

●     Concerns: Its rapid proliferation has raised concerns related to misinformation, disinformation, misuse of personal likeness, and democratic integrity, particularly due to its potential for virality and deception.

Key Provisions

  1. Mandatory Labelling of AI-Generated Content
  • Photorealistic synthetic media must be prominently labelled.
  • Platforms must seek user disclosure for AI-generated content.
  • In the absence of disclosure, intermediaries must either label the content proactively or remove it in cases such as non-consensual deepfakes.
  • Routine camera touch-ups are excluded from the definition.
  1. Definition of Synthetic Content
  • Covers audio, visual, or audiovisual content artificially created or altered to appear indistinguishable from real persons or events.
  • Narrower than the draft rules released in October 2025.
  1. Reduced Takedown Timelines
  • 3 hours: Content declared illegal by a court or appropriate government.
  • 2 hours: Sensitive content, including non-consensual nudity and deepfakes.
  • Earlier window: 24–36 hours.
  1. Safe Harbour and Due Diligence
  • Non-compliance may lead to loss of safe harbour protection under the IT Act.
  • Platforms deemed to have knowingly allowed or failed to act on prohibited synthetic content may be held to have failed due diligence.
  1. State-Level Enforcement
  • States may now designate more than one authorised officer to issue takedown orders.
  • Partial rollback of the October 2025 amendment that limited States to a single officer.

Significance

  • Strengthens regulatory oversight of AI-generated and deceptive content.
  • Enhances protection against non-consensual deepfakes and unlawful material.
  • Imposes stricter compliance obligations on intermediaries through shorter response timelines.


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