From Deepfakes to Due Diligence - Decoding India’s IT Amendment Rules
Introduction
The digital ecosystem has undergone a profound transformation due to the rapid growth of artificial intelligence, especially through its generative applications. While this progress has introduced innovative technologies, it has also intensified the risks of deepfakes, misinformation, and identity theft. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, introduced by the Government of India, mark an important step toward stronger digital governance and greater oversight of online activities. These latest amendments establish new regulatory standards and represent India’s most comprehensive effort so far to address synthetically generated information, including AI created audio, video, and images that closely imitate reality.
Understanding the Core Shift: From Reactive to Proactive Regulation
The 2026 amendment establishes its main characteristic through its shift from a reactive compliance system to a proactive due diligence system. Intermediaries must now operate as active participants who take responsibility for detecting, marking and controlling dangerous material instead of functioning as neutral channels. The rules establish an official definition for stands for Synthetically Generated Information(SGI), which they protect through legal regulations, while they address issues such as impersonation scams, election manipulation and non-consensual deepfake content. The current transition represents a worldwide pattern that shows that governments are starting to make online platforms responsible for the material they display.
Key Provisions of the IT Amendment Rules, 2026
1. Mandatory Labelling of AI-Generated Content
Platforms must ensure that all AI-generated content is clearly labelled or watermarked to distinguish it from authentic media. Users must reveal their uploaded content's synthetic origin while platforms must confirm the information.
2. The 3-Hour Takedown Rule
The most contentious aspect of this regulation establishes new rules that require content removal to be processed within much shorter timeframes.:
- The government and courts grant three-hour time limits for removing unlawful content.
- The two-hour deadline applies to media that includes non-consensual intimate imagery.
The current time frame allows content removal within three hours, which represents a major decrease from the previous content removal time, which lasted between 24 and 36 hours, because online misinformation needs urgent attention.
3. Traceability and Metadata Requirements
The rules require AI-generated content to include both digital fingerprints and metadata, which enables traceability and accountability through their embedded digital fingerprints. The provision serves as an essential tool for law enforcement to investigate cases while it helps identify which parties generated harmful content.
4. Safe Harbour Conditionality
Intermediaries who do not meet the following three conditions risk losing their safe harbour protection through Section 79 of the IT Act:
- The first requirement demands that intermediaries must implement proper labelling.
- The second requirement demands that intermediaries must complete their takedown responsibilities within specific timeframes
- The third requirement demands that intermediaries must complete their due diligence tasks.
This development represents a major transition for digital platforms, which will face increased responsibility for their actions.
5. Strengthened Grievance Redressal
The amendment establishes two new requirements for platforms. The amendment requires platforms to create systems that operate at all times to monitor their compliance with regulations.
Significance: Why These Rules Matter
The 2026 amendments are significant for multiple reasons:
- The rules require labelling and rapid content removal, which helps to stop the viral dissemination of misleading information.
- The framework provides better identity protection, defamation defence and protection against non-consensual imagery.
- The new rules make intermediaries responsible for their own compliance failures.
- The regulation of AI-generated misinformation protects democratic processes during electoral periods and public discussions.
The rules demonstrate India's goal to establish international standards for AI governance and digital responsibility.
Challenges and Concerns
The amendments present key issues that exist despite their positive aspects:
- The process of removing content at high speed creates risks for legitimate expression because safeguards need to be established through careful planning.
- The technical and infrastructural requirements governing compliance create financial burdens for smaller platforms that operate as intermediaries.
The existing challenges demonstrate the necessity for a solution that protects both human rights and security needs.
Conclusion
The IT Amendment Rules, 2026, establish a critical turning point for India's progress toward digital governance. The framework aims to establish a more secure digital environment through its solution of AI-generated content and deepfake detection problems, which create transparency and accountability issues. The rules will achieve their goals through proper implementation, which requires creating quick enforcement methods that protect both legal processes and free speech rights. The ongoing development of AI technology requires regulatory systems to keep changing while including all citizens and upholding democratic principles.
References
- https://vajiramandravi.com/current-affairs/it-rules-amendment-2026
- https://indianexpress.com/article/legal-news/indias-new-3-hour-deepfake-removal-rule-experts-urge-strict-compliance-10528122
- https://timesofindia.indiatimes.com/technology/tech-news/governments-new-it-rules-make-ai-content-labelling-mandatory-give-google-youtube-instagram-and-other-platforms-3-hours-for-takedowns/articleshow/128157496.cms
- https://www.drishtiias.com/daily-updates/daily-news-analysis/information-technology-amendment-rules-2026
- https://visionias.in/current-affairs/news-today/2026-02-11/science-and-technology/government-notified-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-amendment-rules-2026











