By Vikrant Rana, Anuradha Gandhi and Abhishekta Sharma
Introduction
On February 10, 2026, the Central Government notified the amended Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 (hereinafter referred to as “IT Amendment Rules”), marking a significant shift in how India regulates Artificial Intelligence (AI) and synthetically generated content online. The Amendment was issued by the Ministry of Electronics and Information Technology (hereinafter referred to as MeitY) under its power conferred by Section 87(1)[1], (2)(z)[2] & (2)(zg)[3] of the Information Technology Act, 2000 (hereinafter referred to as IT Act). The IT Amendment Rules shall be enforced from February 20, 2026.[4]
Background
The MeitY notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 in February 2021 and subsequently amended it in 2022, 2023 and 2025. In October 2025, MeitY released a draft amendment to the IT Rules for public consultation. The draft sought to strengthen the accountability mechanism for Intermediaries, particularly in relation to synthetically generated information (hereinafter referred to as SGI) and associated online harms.[5]
Objective of the IT Amendment Rules
The IT Amendment Rules has been introduced to address the rapid technological advancement of Artificial Intelligence and Machine Learning technologies. While the technological advancement is easing the lives of individuals, it unknowingly comes with serious harms such as
- spread of misinformation/disinformation and erosion of public trust;
- impersonation, identity fraud and deception;
- non-consensual intimate imagery, obscenity and child sexual exploitative and abuse material;
- reputational harm, coercion, extortion and severe psychological impact on victim.[6]
To protect from such harms, the amendment aims to strengthen the regulations around synthetically generated information.
Key Features of the Amendment
The IT Amendment Rules strengthen the due diligence framework for intermediaries in relation to SGI and associated online harms. The amendment introduced the definitions of:
- Synthetically Generated Information (SGI) [Rule 2(wa)] and
- Audio, visual or audio-visual information, along with excluding certain information from SGI [Rule 2(ca)]
Clarification
The IT Amendment Rules clarifies on the following:[7]
- Any reference to information in the context of information being used to commit an unlawful act, including under Rule 3(1)(b) & Rule 3(1)(d) and Rule 4(2) & (4) shall be construed to include synthetically generated information, unless the context otherwise requires.
- That the removal/disablement of information in compliance with the Rules (including through reasonable technical measures / automated tools) shall not amount to violation of safe harbor principal.
Timeline
The IT Amendment Rules also strengthen the user awareness obligations and timeline for compliances. The key amended timelines are:
| S. No. | Clause | Existing Timeline | Revised Timeline |
| 1 | Rule 3(1)(d)- information removal/disablement upon actual knowledge received through
(i) by an order of a court of competent jurisdiction; or (ii) a reasoned intimation from the authorised officer of the Appropriate Government or its agency |
36 hours | The platform must remove or disable access to the content within 3 hours |
| 2. | When user files a complaint with the grievance officer [Rule 3(2)(a)(i)] | 15 days | The platform must resolve it within 7 days |
| 3. | In relation to content mentioned under Rule 3(1)(b) (like unlawful, harmful, misleading, etc. Content) | 72 hours | The platform must act within 36 hours |
| 4. | If the grievance relates to nudity/sexual acts/ impersonation/morphed images/deepfake sexual content [section 3(2)(b)] | 24 hours | The platform must remove or disable access within 2 hours |
Due diligence for Synthetically Generated Information
The IT Amendment Rules introduces due diligence for SGI, which entails:
Intermediaries offering computer resources enabling creation or modification of synthetically generated information shall ensure:
- Reasonable and appropriate technical measures to prevent SGI violating any law enforced.
- SGI shall be prominently labelled and embedded with permanent metadata or appropriate technical provenance mechanism including unique identifier and ensure that the modification, suppression or removal of the label, permanent metadata shall not be enabled.
Additional due diligence for Significant Social Media Intermediaries (SSMIs)
SSMI[8] enabling information on computer resources shall have to comply with additional due diligence such as:
- Obtain user declarations on whether information is synthetically generated
- Deploy appropriate technical measures to verify the accuracy of such declaration
- If the content is Synthetically Generated, ensure it is clearly displayed and labelled
Conclusion
The IT Amendment Rules represent a significant shift in India’s regulatory approach towards digital platforms, prioritizing transparency, accountability, and rapid responses. Although the three-hour takedown requirement enhances the government’s capacity to address harmful content, it also triggers critical concerns regarding due process, freedom of expression, and the feasibility of compliance. The actual impact of this amendment will reveal whether the intended purpose is served or will it spark further legal challenges.
[1] The Central Government may, by notification in the Official Gazette and in the Electronic Gazette, make rules to carry out the provisions of this Act
[2] In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely- the procedures and safeguards for blocking for access by the public under sub-section (3) of section 69 A;
[3] In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely -the guidelines to be observed by the intermediaries under sub-section (2) of section 7
[4] https://www.meity.gov.in/static/uploads/2026/02/550681ab908f8afb135b0ad42816a1c9.pdf
[5] https://www.meity.gov.in/static/uploads/2025/10/708f6a344c74249c2e1bbb6890342f80.pdf
[6] https://ssrana.in/articles/ai-and-deepfakes-navigating-the-digital-revolution-and-its-dark-side/
[7] https://www.meity.gov.in/static/uploads/2025/10/065b6deb585441b5ccdf8be42502a49c.pdf
[8] Significant Social Media Intermediary means a social media intermediary having number of registered users in India above such threshold as notified by the Central Government [Rules 2(v) of IT Amendment Rules 2026]