Overview
In a bid to curb the growing menace of deepfakes and other synthetically generated media, the Ministry of Electronics and Information Technology ("MeitY"), on October 22, 2025, released the draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 ("Draft Amendments") to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules"). Once notified, these amendments will strengthen the due diligence obligations of intermediaries and significant social media intermediaries ("SSMIs") such as Facebook, Instagram, X, YouTube, and WhatsApp, to ensure transparency, accountability, and traceability of AI-generated or modified content.
Key Highlights of the Draft Amendments
- Definition of Synthetically Generated Information: The IT Rules did not explicitly address the scale and nuances of AI-generated or algorithmically modified content that can be used for impersonation, fraud, reputation-damage and other harms. The Draft Amendments explicitly bring synthetic or AI-altered content within the regulatory ambit of the IT Rules by defining "synthetically generated information" as any data that is artificially or algorithmically created, modified, or altered using a computer resource in a manner that such information appears authentic or genuine.
- Extension of Existing Obligations: Under the IT Rules, intermediaries must ensure users do not host or share unlawful content, remove such material within 36 hours of notification, and—where SSMIs are involved—enable traceability and deploy automated tools for certain categories of harmful content. The Draft Amendments now broaden "information" to include synthetically generated information thereby extending existing takedown, traceability, and detection obligations of intermediaries/ SSMIs to such content.
- Due Diligence in Relation to Synthetic Content: The Draft Amendments require intermediaries to ensure that all synthetically generated information is prominently labelled or embedded with permanent metadata or identifiers that visibly or audibly indicate its synthetic nature. The label must cover at least 10% of the visual display area for visual content or appear during the first 10% of its duration for audio content. Intermediaries must also prevent any modification, suppression, or removal of these identifiers to preserve the integrity and traceability of synthetically generated information.
- Enhanced Obligations for SSMIs: The Draft Amendments introduce clear transparency requirements, i.e., before any content is uploaded or displayed, users must declare whether it is synthetically generated, and intermediaries must use reasonable technical measures to verify such declarations. Confirmed synthetically generated information must be clearly labelled or accompanied by a notice indicating its synthetic nature. An SSMI that knowingly permits, promotes, or fails to act against such content in violation of these requirements will be deemed to have failed to exercise due diligence.
Implications and Way Forward
The Draft Amendments mark a significant policy step in aligning India's regulatory framework with the realities of the AI era. Recent developments including the Delhi High Court's interim protection of Sadhguru's personality rights against AI misuse,1 underscore the growing judicial and policy focus on responsible AI deployment. The Draft Amendments are expected to heighten compliance and technological obligations for intermediaries, particularly SSMIs, while strengthening user trust and the overall integrity of online platforms.
Footnote
1 Sadhguru Jagadish Vasudev v. Igor Isakov, 2025 SCC OnLine Del 3804.
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