Labelling AI Content (IT Rules Amendment)
Context:
The Union government has notified amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
These changes, effective from February 20, mandate the prominent labelling of photorealistic AI-generated content and significantly reduce the timeframes for removing illegal content
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, defines synthetically generated content as --
“audio, visual or audio-visual information which is artificially or algorithmically created, generated, modified or altered using a computer resource, in a manner that such information appears to be real, authentic or true and depicts or portrays any individual or event in a manner that is, or is likely to be perceived as indistinguishable from a natural person or a real-world event.”
Mandatory Labelling:
The new rules require social media intermediaries to ensure that "synthetically generated content" (AI content that appears real or authentic) is prominently labelled
Platforms must seek disclosures from users before they upload such content.
If a user fails to disclose, the platform must either proactively label the content or take it down (especially in cases of non-consensual deepfakes).
There is a specific carve-out for automatic "touch-ups" performed by smartphone cameras, which are not treated as deepfakes.
Drastically Reduced Takedown Timelines:
General Unlawful Content:
Platforms now have between 2 to 3 hours to remove certain categories of unlawful content (reduced from the earlier 24-36 hours).
Court/Govt Orders:
Content deemed illegal by a court or an "appropriate government" must be taken down within 3 hours.
Sensitive Content:
Highly sensitive material, such as non-consensual nudity and deepfakes, must be removed within 2 hours.
Legal Consequences & Safe Harbour:
Failure to comply with these rules puts the platform's "Safe Harbour" protection at risk.
Safe Harbour is the legal principle that protects platforms from being held liable for content posted by their users.
If a platform knowingly permits or fails to act on synthetic content, it will be deemed to have failed in its "due diligence."
State Officers:
The amendment allows States to notify more than one officer authorized to issue takedown orders, removing the previous cap of a single officer per State to handle high volumes in populous states.