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Artificial Intelligence has notably reshaped the digital content system by allowing the creation of extremely realistic audio, visual and audiovisual content which is referred to as "synthetic media". The excessive use of synthetic media has majorly blurred the line between authentic and fake content online, from deepfake videos to digital scams to voice cloning and manipulation of content, it has highlighted a serious need for the regulation of synthetic media and the liabilities of the platform. It is praiseworthy how the use of such technology has created opportunities and enhanced the entertainment, educational, and content creation sectors, but the misuse related to such technology has also evidently increased. Owing to such high-speed dissemination of fabricated and false material online, especially across social media platforms, OTT and the online publishing platforms, the need for strong and regulated rules was seen. As an outcome of the said concern, the Government of India instituted the 2026 Amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 20211, aimed to emphasize the accountability of the intermediaries and regulate the synthetic media more effectively.
This article is an overview of what synthetic media is and the key changes that are introduced to the Information Technology Rules in 2026.
Synthetic Media
Synthetic media is the parent term used for all kinds of digital content that includes audio, images, texts, etc. that have been generated or modified using artificial intelligence. Content like deepfakes, cloned voices, manipulated speeches, and audiovisual recordings. Instead of physically recording content, it is generated with the help of software and technology.2 Advanced AI tools are used to create realistic representations of individuals doing or saying things that never happened in real life. Due to the easy access of such tools, the creation and dissemination of such content have also increased across different online platforms. While synthetic media may be used for bona fide purposes like educational purposes, digital marketing, medical sectors, entertainment industry, e-commerce etc., its misuse has increased the legal and ethical concerns largely. AI generated deepfakes, misinformation, cybersecurity threats, privacy violation, data manipulation etc. can lead to erosion of trust, manipulating public opinions, and hampering reputation. As a result, the Governments have started reviewing existing legal frameworks to address the dynamic nature of technology.
The Ministry of Electronics and Information Technology (MeitY) has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, amending the 2021 Rules under the IT Act, 2000 on 10 February 2026, effective from 20 February 2026.5
Section 79 of the IT Act, 2000
It provides the "safe harbor" protection to the intermediaries, waiving them from the liability of any content posted by a third-party. The protection however comes with conditions ensuring that the intermediary functions neutrally, assure proper due diligence and comply with any content removal order. The IT Rules, 2021 had introduced the notice-based removal mechanism where the intermediaries were obligated to remove the harmful or unlawful content when actual knowledge or Government order is received. That said, the framework was majorly based on complaint-based compliance mechanisms, meaning the intermediaries reacted after the content had been circulated online. With the advent of organized technology misuse through AI, concerns regarding the effectiveness of the existing legal framework for mitigating the synthetic media risks began to surface.
The Amendments made in 2026 stand for substantial development in the digital governance framework of India redressing enhanced compliance obligations on the intermediaries and other online platforms. Significant changes that were brought through the 2026 Amendments include:
Prompted Takedown Obligation - The 2026 Amendment promulgated stricter guidelines regarding the timeline of the removal of the unlawful synthetic media. Now, content deemed unlawful or illegal by the court or government must be taken down within 3 hours and if the content holds sensitive content, then the takedown should be within 2 hours.
Compulsory Disclosure and Labelling - One of the most marked changes that has been instituted through the rules is the requirement of the synthetic media to be clearly labelled. The platforms6 Ministry of Electronics and Information Technology, Frequently Asked Questions on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, https://www.meity.gov.in/static/uploads/2025/10/065b6deb585441b5ccdf8be42502a49c.pdf 6 The Information Technology Act, 2000, No. 21 of 2000, India Code, https://www.indiacode.nic.in/show-data?actid=AC_CEN_45_76_00001_200021_1517807324077&orderno=105 are required to label the AI generated content "prominently"7, establish watermarking systems or metadata tagging mechanisms to differentiate fabricated content from authentic content. This is initiated to avoid confusion and misleading users.
Increased Liability on the Intermediaries - The Amendments also emphasizes the possibility of losing the safe harbor protecting as provided under section 79 of the IT Act, 2000 in cases of non-adherence. Default in adherence to the disclosure and labelling, due diligence standards for the intermediaries or takedown requirement can render the intermediaries vulnerable to legal liabilities. Ergo, the intermediaries may now have to scrutinize the compliance mechanisms of the respective platforms and content governance strategies to avoid legal trouble.
Anticipatory Monitoring and Detection Duties - Earlier India had a reactive approach but through the 2026 Amendment India is moving towards a more preventive compliance model. The intermediaries are now expected to integrate automated systems for detection, establish verification mechanisms, and use AI tools to identify unlawful synthetic media before it disseminates widely.
Though the 2026 Amendments aspire to strengthen the accountability within the digital domain, their application may bring some challenges. Identifying sophisticated AI generated content remains extremely complicated due to the advanced software and may also require extensive investment to implement proper compliance systems. The anticipatory mechanism may affect the smaller intermediaries or new technologies who cannot access advanced and expensive AI detection tools that can automatically detect AI generated content. Furthermore, a balance is needed between platform accountability and protection of the right to express that includes parody, satire, and other creative content. Synthetic media technology is highly dynamic, which at times creates ambiguity in interpretation of the scope of the compliance and enforcement sectors.
Various jurisdictions worldwide have also incorporated measures to regulate the synthetic media, and AI generated unlawful content. In comparison to other countries, India has adopted a more7 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, Drishti IAS, https://www.drishtiias.com/daily-updates/daily-news-analysis/information-technology- amendment-rules-20268 India Law LLP, IT Rules 2026 Corporate Playbook: Synthetic Media Compliance, India Law Blog (Feb. 14, 2026), https://www.indialaw.in/blog/it-rules-2026-synthetic-media/?utm_source=chatgpt.com#xii-international- comparisons-and-global-implications stringent compliance framework for the intermediaries by consolidating disclosure and labelling requirements, anticipatory monitoring and expedited takedown.
The rise of artificial intelligence and synthetic media technologies has predominantly altered the way digital content is consumed and created. Although these create great opportunities in different sectors like entertainment, health, educational etc. it also gives rise to the misuse of such technologies which becomes a matter of great concern. The 2026 Amendment to the Information Technology Rules is an initiation towards strengthening intermediary accountability and to curate a more structured legal framework for regulating synthetic media. The Amendments aim to tackle the challenges related to the AI generated content in the digital domain. The durability of the impact of the proposed framework entirely depends upon a balanced implementation, adaptability, and compliance of standards that support creativity within a framework of responsible governance.
Footnotes
1. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 , Ministry of Electronics and Information Technology, Government of India, https://www.meity.gov.in/static/uploads/2024/02/Information-Technology-Intermediary-Guidelines-and-Digital - Media-Ethics-Code-Rules-2021-updated-06.04.2023-.pdf
2. What Is Synthetic Media and Why It's the Future of Digital Content? Colossyan, https://www.colossyan.com/posts/what-is-synthetic-media-and-why-its-the-future-of-digital-content/
3. European Parliament, What Is Artificial Intelligence and How Is It Used? (June 20, 2023), https://www.europarl.europa.eu/topics/en/article/20200827STO85804/what -is-artificial-intelligence-and-how-is-it-used
4. The Misuse of Artificial Intelligence, Oxethica, https://www.oxethica.com/blog/the-misuse-of-artificial-intelligence">https://www.oxethica.com/blog/the-misuse-of-artificial- intelligence
5. Ministry of Electronics and Information Technology, Frequently Asked Questions on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, https://www.meity.gov.in/static/uploads/2025/10/065b6deb585441b5ccdf8be42502a49c.pdf
6. The Information Technology Act, 2000, No. 21 of 2000, India Code, https://www.indiacode.nic.in/show-data?actid=AC_CEN_45_76_00001_200021_1517807324077&orderno=105
7. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, Drishti IAS, https://www.drishtiias.com/daily-updates/daily-news-analysis/information-technology-amendment-rules-2026
8. India Law LLP, IT Rules 2026 Corporate Playbook: Synthetic Media Compliance, India Law Blog (Feb. 14, 2026), https://www.indialaw.in/blog/it-rules-2026-synthetic-media/?utm_source=chatgpt.com#xii-international-comparisons-and-global-implications
9. International Resource Group Ltd., India's 2026 IT Rules on Synthetic Media: A Structural Shift in Intermediary Liability, IR Global, https://irglobal.com/article/indias-2026-it-rules-on-synthetic-media-a-structural-shift-in-intermediary-liability/
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