Labelling AI Content (IT Rules Amendment)

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.