What Happened
- Union Minister for Electronics and Information Technology Ashwini Vaishnaw stated at the India AI Impact Summit 2026 that India is in discussions with ministers from over 30 countries on technical and legal solutions related to the misuse of artificial intelligence in media.
- The government is developing "techno-legal" solutions that combine regulatory frameworks with embedded technical safeguards within AI systems.
- Vaishnaw announced that the Centre is developing rules requiring watermarking and clear labelling of all AI-generated content to safeguard the "authenticity" of human creativity.
- He stated that deepfakes and data breaches should be "non-negotiable" red lines for the entire country and society.
- Vaishnaw emphasised that AI must evolve alongside a strong copyright and intellectual property framework that protects human creativity and enhances innovation rather than diluting it.
Static Topic Bridges
Copyright Act, 1957 and the Challenge of AI-Generated Works
India's intellectual property regime for creative works is governed by the Copyright Act, 1957, which is based on a human-centric model of authorship. Under Section 2(d), an "author" is defined as a natural person or, in the case of computer-generated works, "the person who causes the work to be created" (Section 2(d)(vi)). However, the Act does not explicitly address works generated predominantly or exclusively by AI systems, creating a significant legal grey area as generative AI tools become capable of producing text, images, music, and video autonomously.
- Copyright Act, 1957: India's primary IP legislation for literary, dramatic, musical, and artistic works
- Section 2(d)(vi): For computer-generated works, the author is "the person who causes the work to be created"
- Section 13: Lists works eligible for copyright protection — literary, dramatic, musical, artistic works, cinematograph films, sound recordings
- Originality requirement: Works must be "original" to qualify for protection; the Act does not define "original" precisely
- Term of protection: Life of author + 60 years (general rule)
- International obligations: India is a member of the Berne Convention (1886, joined 1928), TRIPS Agreement (1995), and WIPO Copyright Treaty
- Parliamentary Standing Committee (161st Report, 2021): Recommended review of the Copyright Act to incorporate AI-related inventions
- Government position (2024): Existing IPR regime is "well-equipped" to protect AI-generated works; no separate category of rights needed
Connection to this news: Vaishnaw's call for a strong AI copyright framework signals a shift from the government's earlier position that existing laws are adequate, acknowledging that rapid advances in generative AI require new regulatory mechanisms to protect human creators.
Deepfakes — Technology, Risks, and India's Regulatory Response
Deepfakes are synthetic media generated using deep learning techniques (particularly Generative Adversarial Networks or GANs and diffusion models) that can create realistic but fabricated images, audio, and video. India does not have a specific law against deepfakes, but existing provisions under the Information Technology Act, 2000 (Sections 66C, 66D, 66E, 67), the Indian Penal Code (now Bharatiya Nyaya Sanhita, 2023 — Sections 318, 319, 356), and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, provide partial remedies.
- Technology: Generative Adversarial Networks (GANs), diffusion models, face-swapping algorithms
- IT Act, 2000 — Section 66D: Punishment for cheating by personation using computer resources (up to 3 years imprisonment)
- IT Act, 2000 — Section 66E: Violation of privacy (up to 3 years)
- IT Act, 2000 — Section 67: Punishment for publishing obscene material electronically (up to 5 years for second offence)
- BNS, 2023 — Section 356: Defamation provisions applicable to deepfake defamation
- IT Rules, 2021 (Intermediary Guidelines): Require intermediaries to remove flagged content within 36 hours; establish a Grievance Appellate Committee
- DPDP Act, 2023 (Digital Personal Data Protection Act): Governs consent-based data processing; relevant to training data used by AI models
- Global precedents: EU AI Act (2024) classifies deepfakes as "high-risk AI" requiring transparency labelling; US DEEPFAKES Accountability Act (proposed)
Connection to this news: Vaishnaw's statement that deepfakes should be "non-negotiable" and the plan for mandatory watermarking of AI-generated content suggest that India is moving toward a dedicated regulatory framework beyond the existing patchwork of IT Act provisions.
Digital India Act and AI Governance Framework
The proposed Digital India Act (DIA) is intended to replace the Information Technology Act, 2000, which was drafted in the pre-AI, pre-social media era. The Ministry of Electronics and Information Technology (MeitY) released a consultative framework in 2023 proposing a principles-based approach to digital regulation, covering AI governance, online safety, data protection, and platform accountability. Separately, India's approach to AI regulation has been characterised as "pro-innovation" with light-touch oversight rather than prescriptive rules.
- Digital India Act: Proposed replacement for IT Act, 2000; consultative framework released March 2023
- India's AI approach: No dedicated AI legislation (as of February 2026); relies on sectoral regulation and voluntary guidelines
- IndiaAI Mission: Launched 2024 with Rs 10,372 crore outlay for compute infrastructure, AI datasets, and skill development
- NITI Aayog: Published "Responsible AI" papers (2021, 2022) advocating principles-based governance
- IT Act, 2000: Currently the primary legislation governing cyberspace; amended significantly in 2008
- IT Rules, 2021: Impose due diligence obligations on social media intermediaries and OTT platforms
- DPDP Act, 2023: India's data protection law; establishes Data Protection Board; rules pending
- International comparison: EU AI Act (comprehensive risk-based framework, 2024); US relies on executive orders and sectoral approach; China has specific regulations for generative AI (2023) and deepfakes (2022)
Connection to this news: India's engagement with 30+ countries on AI copyright and deepfake solutions indicates a shift toward building international consensus for AI governance norms, which could feed into the eventual Digital India Act framework.
Key Facts & Data
- Countries in talks with India on AI solutions: 30+
- Event: India AI Impact Summit 2026 (February 16, 2026)
- Minister: Ashwini Vaishnaw (Electronics and IT, Railways)
- Proposed measures: Mandatory watermarking and labelling of AI-generated content
- Copyright Act, 1957: Section 2(d)(vi) covers computer-generated works
- IndiaAI Mission outlay: Rs 10,372 crore
- IT Act, 2000: Primary legislation governing cyberspace
- DPDP Act, 2023: India's data protection law (rules pending)
- EU AI Act: Adopted 2024 (risk-based framework)
- China's deepfake regulation: Specific rules since 2022