Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026
The recent amendment to the IT Rules introduces significant changes regarding AI-generated imagery on social media platforms.
Key Requirements
- Social media platforms must prominently label AI-generated imagery.
- The amendment no longer dictates a specific size for the disclosure label.
- This requirement does not apply to AI-generated content that is not intended to misrepresent as real.
The labeling requirement is seen as a positive move to ensure users are aware when content is synthetic.
Regulatory Approach
- India aims to regulate AI minimally, aligning with its approach at the AI Impact Summit.
- The government plans to revisit rules related to proactive detection of synthetic content by platforms, considering the rapid evolution of technology.
Concerns with Compliance Timelines
- New rules shorten the timeline for removing content to two or three hours.
- This change forces platforms to either:
- Have empowered representatives available at all times.
- Adopt a "take-down-and-ask-questions-later" approach.
- The lack of prior public consultation before implementing these changes is noted as problematic.
The shortened timeline raises barriers for new entrants in the social media space, potentially stifling innovation and competition.
Impact on Freedom of Expression
There are concerns that these rules could affect freedom of expression, particularly as the IT Rules are currently under legal scrutiny. Sudden changes without parliamentary debate might have broader implications for social media governance.
