India’s deepfake rules tighten platform liability, leave grey areas on intent and free speech

The Indian government has introduced significant changes to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2026, specifically targeting synthetically generated information (SGI). This move seeks to enhance platform accountability regarding AI-generated misinformation, marking a notable step in the country’s regulatory approach to deepfakes. The amendments provide a formal definition of SGI, describing it as audio, visual, or audio-visual content that is artificially created or modified to appear genuine, often indistinguishable from real-life entities or events. Legal expert Probir Roy Chowdhury emphasized that these new regulations help close a long-standing regulatory gap, offering a clearer basis for platform action that industry stakeholders have long desired. However, he cautioned that distinguishing between harmful disinformation and satire could remain challenging due to the complexities of context and intent. Under the revised rules, platforms are now obligated to implement robust technical measures to prevent the dissemination of unlawful SGI. They are also required to label such content prominently and include permanent metadata with unique identifiers for traceability. The government’s approach signifies a shift from a passive notice-and-takedown model to one that demands proactive compliance from platforms, which could significantly alter their operational landscape. Alvin Antony, Chief Compliance Officer at GovernAI, pointed out that these amendments effectively tighten regulations around deepfakes by treating SGI as a form of information subject to legal scrutiny. However, he noted that the implications for intention and knowledge will still depend on existing laws, presenting a complex legal landscape. The new rules also outline exclusions for standard editing practices and educational materials, which aim to protect ordinary creative works. Despite these safeguards, Roy Chowdhury highlighted that certain terms could introduce subjectivity, potentially complicating the enforcement of the rules, especially in artistic contexts. A notable requirement is the embedding of permanent metadata to establish the provenance of SGI, which raises questions about user privacy and data minimization. While designed to enhance traceability, this requirement could inadvertently lead to concerns over excessive surveillance of users under India's data protection laws. The amendments also tighten takedown timelines, requiring action within three hours for specific cases, a significant reduction from the previous 36-hour window. This rapid response requirement has sparked worries among experts, who argue that such stringent timelines may lead to over-removal of content and place a heavier burden on smaller platforms, potentially creating disparities in enforcement. With these regulations set to take effect on February 20, 2026, platforms must act swiftly to revamp their detection and response mechanisms in anticipation of the new compliance demands.