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The Union Government has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, mandating prominent labelling of photorealistic AI-generated content. The amended provisions will come into force on February 20, 2026.
Key Provisions of the Amendment Rules, 2026
1. Mandatory Labelling of AI-Generated Content
- Social media platforms must clearly label photorealistic synthetic media.
- Applies to AI-generated content that appears real and indistinguishable from actual persons or events.
- A carve-out has been provided for routine smartphone image touch-ups and automatic enhancements.
2. Definition of Synthetic Media
The amended rules define synthetically generated content as:
- Audio, visual, or audio-visual information
- Artificially or algorithmically created, generated, modified, or altered
- Appearing real, authentic, or true
- Likely to be perceived as indistinguishable from a natural person or real-world event
The final definition is narrower than the draft version released in October 2025.
3. Reduced Takedown Timelines
The amendments significantly shorten the timeline for removal of unlawful content:
- Within 3 hours: Content declared illegal by a court or an “appropriate government.”
- Within 2 hours: Sensitive content such as non-consensual nudity and deepfakes.
Earlier, platforms were given 24–36 hours for content removal.
4. Safe Harbour Implications
- Non-compliance with the rules may result in loss of safe harbour protection.
- Safe harbour protects intermediaries from liability for user-generated content, provided due diligence norms are followed.
