New Delhi/A. The central government has strengthened the regulatory framework to address the harm caused by deepfakes and other artificially generated content created using artificial intelligence (AI). Recent amendments to the IT rules mandate clear labeling and traceable metadata for AI-generated content. Furthermore, the timeframe for removing illegal content based on a government or court order has been reduced from 36 hours to three hours. This information was given by Union Minister of State for Electronics and Information Technology Jitin Prasada in the Lok Sabha on August 5, 2026.
Government keeping an eye on the dangers of deepfakes
The government stated that it is aware of the threats posed by AI-powered deepfakes (AI-generated content), which include artificial audio, video, and text. The government aims to ensure an open, safe, reliable, and accountable cyberspace for users. To this end, existing laws and regulations have been put in place to address various aspects of deepfakes.
Several provisions in the IT Act
The Information Technology Act, 2000, provides for penalties for crimes such as damaging computers and computer systems, computer- crimes, identity theft, impersonation, and violation of privacy. The publication and transmission of obscene or sexually explicit material can also be prosecuted. Section 69A of the Act provides for blocking access to specific information or links, and Section 79 provides for the removal of information being used for unlawful activities.
Provision for action in BNS also
AI Generated Content: The Indian Penal Code (BNS), 2023, also contains provisions for action against crimes to deepfakes. Section 319 covers cheating by impersonation, while Section 336 covers cheating and framing of a false electronic record with the intent to deceive a person or harm his reputation. Section 353 prohibits spreading misinformation through false or misleading statements, rumors, and reports. Action for organized cybercrime is also possible under Section 111.
IT rules increase responsibilities of intermediaries
The IT Rules, 2021, require intermediaries to exercise due diligence. They are required to prevent users from hosting, uploading, publishing, or sharing content that infringes on another person’s rights, is obscene or privacy-invasive, harmful to children, promotes hatred or violence, or spreads misinformation. Content that impersonates someone through AI and poses a threat to national security or public order also falls under this scope.
Additional obligations on large social media platforms
Significant social media intermediaries (SSMIs) with 5 million or more registered users are subject to additional responsibilities. They must use automated tools to detect and limit the spread of illegal content. They are also mandated to publish compliance reports, appoint local officials, and provide a physical address in India for coordination with law enforcement agencies.
Clear labels and metadata on AI content
The regulatory framework for AI-generated content was further tightened following amendments to the IT Rules on February 10, 2026. Intermediaries will be required to provide clear labeling and traceable metadata for AI-generated content to enable users to identify such content. This aims to prevent fraud and misuse of AI technology.
Immediate action on illegal AI content
The revised rules specifically address child sexual abuse material, non-consensual intimate images, impersonations, and other harmful AI-generated content. Platforms must adopt technical measures to identify and prevent such content and take immediate action upon discovery.
Three-hour deadline for content removal
According to the government, following the amendments, the time limit for removing unlawful information based on valid and reasonable information received through a government or court order has been reduced from 36 hours to three hours. The time limit for redressal of certain sensitive categories of complaints has also been reduced. In cases such as nudity or concealment of identity, the relevant time limit has been reduced from 72 hours to 36 hours, and in some other cases, from 24 hours to two hours.
Technical measures to prevent misuse of AI
Intermediaries must adopt reasonable and appropriate technical measures, including automated tools or other appropriate mechanisms, to prevent users from creating, modifying, publishing, sharing, or disseminating artificially generated information that violates applicable law. Significant social media intermediaries must also develop technical mechanisms to identify explicit or implicit content that promotes rape, child sexual abuse, or similar content.
Security is lost if rules are not followed.
The government has clarified that failure to comply with the legal obligations set out in the IT Rules may result in the termination of the exemption granted to intermediaries from third-party information under Section 79 of the IT Act. In such a case, they may face punitive action or prosecution under existing laws.
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