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Introduction
Due to recent advancements in technology and artificial intelligence there have been numerous incidents of misuse of synthetically generated information like deepfakes, misinformation and other unlawful content. This has caused damages to numerous individuals, violating their privacy and harming various users. Generative artificial intelligence has the ability to create false information infringing on the privacy of individuals by editing videos to depict a false image and defame various individuals. This can be used as a weapon to spread misinformation, damage reputation, manipulate or influence elections or commit financial fraud.
This advanced technology is also being used to produce non-consensual intimate or obscene imagery, mislead the public with false information, commit financial fraud, impersonate individuals and it also undermines the trust in legitimate information ecosystems.
Due to numerous cases and complaints being raised regarding the regulation of such technology and entities, the Ministry of Electronics and Information Technology has released the draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 (hereinafter referred to as "Draft Rules")1.
The Draft Rules seek to establish a governing legislation and guidelines for the usage of such advanced technologies and for creation of computer-generated content. As a result, synthetically generated content will be regulated carefully ensuring that it does not violate the rights of other individuals and also does not abet or induce any unlawful or illegal activities. The Draft Rules also seek to enable a better system to be able to track synthetically generated content back to its source so as to find and hold the people who are generating unlawful or illegal content responsible for the same. This amendment will introduce a legal basis for the labelling, traceability, and accountability of the synthetically generated information which will help better regulate artificially generated content so as to restrict its use to development, educational and recreational purposes and not allow such content to infringe or violate on the rights of individuals.
Changes introduced through this amendment
Synthetically generated information:
One of the key amendments introduced is the inclusion of the definition of "Synthetically generated information2". It is defined as 'information which is artificially or algorithmically created, generated, modified or altered using a computer resource, in a manner that such information reasonably appears to be authentic or true'. This includes information which is created artificially using the help of artificial intelligence software and information which is modified using any sort of software or technology such that the information or depiction virtually appears to be true or authentic. One of the main software programs that would fall under this are deepfake artificial intelligence programs that are being used to impersonate various individuals violating their privacy and use their personality and image to convey information without their knowledge or consent.
Any type of digital or electronical information mentioned in the rules which is being used to commit any unlawful acts, including information generated and regulated by various intermediaries and social media intermediaries shall also include synthetically generated information.
Digital and social media intermediaries and limitation of liability:
In an event where digital media intermediaries or social media intermediaries remove or disable access to any information on their platforms including any synthetically generated information due to any grievances received by them, this shall not amount to a violation of the conditions for limiting liability of the intermediaries under Section 79 of the Information Technology Act, 2000 (the "Act")3. Section 79 of the Act exempts digital or social media intermediaries from liability in certain cases depending on conditions such as grievance redressal, screening etc. Hence, if these intermediaries remove or disable information in furtherance of the same, they may still avail such exemption.
Identification of synthetically generated information:
The amendment also introduces sub-rule 3 to rule 3 of the IT Rules which provides due diligence requirements in relation to synthetically generated information. In accordance with this clause intermediaries which provide technical services or products through which synthetically generated information may be created must ensure that all such information generated contain a unique identifier or label of any kind covering at least 10% of the information to identify that such information has been synthetically generated and altered using that resource. The intermediary shall also not allow any modification, suppression or removal of such unique identifier or label so as to prevent misuse of the generated information.
Significant social media intermediaries:
The amendment introduces sub-rule 1A of rule 4 of the IT Rules which relates specifically to significant social media intermediaries ("SSMI"). SSMIs as defined under Rule 2(v) are social media intermediaries which have more than 50 lakh users in India as notified by the central government. Sub-rule 1A entails that any SSMI which allows the display, upload, or publishing of any information shall require the users to declare whether such information is synthetically generated and ensure that the unique identifier and the label is accurately displayed in the information to identify that the information is synthetically generated. Where the SSMI has failed
3 https://www.meity.gov.in/content/information-technology-act-2000
to do the same or otherwise knowingly permit such information which does not conform to this requirement then it shall not meet the due diligence requirement under this provision. This provision takes it further and provides that SSMIs shall have the responsibility to take reasonable actions to verify the accuracy of the declaration submitted by the users and to ensure that no information is published without such a declaration, unique identifier or label.
Impact
This amendment helps address prominent issues which have been brought about through the advancement of technology and addresses a lot of issues which are currently being faced due to inadequate regulations pertaining to synthetically generated information. This amendment when enforces will bring various entities and their products under the purview and ambit of the IT Rules and will be able to prevent misuse of the synthetically generated information to a large extent.
However, this amendment may also bring about difficulties for digital media intermediaries and social media intermediaries as they will be required to be evermore vigilant and aware of the information being shared on their platforms. The exemption given to intermediaries under Section 79 of the IT Act will still apply to the intermediaries provided that they exercise the necessary due diligence. However, the necessary due diligence introduced through this amendment may give rise to increased operating and functional costs for these entities. Even after such increased costs and appropriate due diligence, due to the volume of information being shared on these platforms daily the regulation of all synthetically generated information will prove difficult.
SSMIs are going to be one of the most affected entities due to the enforcement of the mentioned amendments as they have strict due diligence and screening requirements for their users. The base SSMI has a minimum of 50 lakh users, and it will prove difficult to fulfill the requirements introduced under the Draft Rules. SSMIs should start developing the necessary software, implementing various screening requirements, infrastructure and workforce so as to be equipped to meet the requirements under the Draft Rules upon their enforcement as they will be required to take declarations from users for posts being made, verify the accuracy of such declaration and ensure that all synthetically generated information shared on their platforms have their respective identifiers unique identifiers.
In Sum
This marks a significant step towards modernization of the regulatory framework surrounding digital information and intermediaries in India. This legislation will help control and address prevalent issues relating to synthetically generated information and help control the misuse of the same for unlawful and illegal purposes.
However, the government also needs to be wary so as to not place all liability on the intermediaries and must also take a relatively flexible view of the due diligence requirements specifically for SSMIs. Such intermediaries mainly function through their grievance redressal systems and the same should be allowed to continue to a reasonable extent.
Further, a more complete image of the changes and their impact on the functioning and operation various entities in India can only be made after the enforcement of the draft amendment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
