MeitY moots stricter disclosure norms for AI-generated content, proposes tweaks to IT rules

The Ministry of Electronics and Information Technology (MeitY) has proposed an amendment to the Information Technology (Intermediary Guidelines and Digital M...

What Happened

The Ministry of Electronics and Information Technology (MeitY) has proposed an amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, requiring that labels identifying AI-generated or synthetically generated content remain continuously visible throughout the entire duration of the content's display — not merely at the start.
The proposed amendment specifically targets Rule 3(3)(a)(ii), which presently requires only "prominent visibility" of AI content labels; the proposed change replaces this with a "continuous and clearly visible display of such label throughout the duration of the content."
MeitY has extended the public consultation period on the proposed changes to May 7, 2026, following an initial consultation paper released in late March 2026 and a revised paper on April 10, 2026.
The proposal builds on IT Amendment Rules that were notified on February 20, 2026, which had already introduced requirements for labeling of "synthetically generated information" (SGI) and metadata-based provenance mechanisms.
Significant Social Media Intermediaries (SSMIs) — platforms with more than 50 lakh registered users in India — face enhanced obligations under the proposed framework, including verifying user declarations that content is AI-generated and deploying automated technical measures to detect and label undeclared synthetic content.

Static Topic Bridges

The IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 — commonly referred to as the IT Rules 2021 — are secondary legislation enacted under Section 87 of the Information Technology Act, 2000. They replaced the earlier Intermediaries Guidelines Rules, 2011, significantly expanding compliance obligations for online platforms, social media intermediaries, digital news publishers, and OTT platforms.

Enacted on February 25, 2021, the IT Rules 2021 introduced a three-tier structure for social media intermediaries: social media intermediaries, significant social media intermediaries (SSMIs), and OTT/digital news publishers.
SSMIs (those with over 50 lakh registered users) must appoint a Chief Compliance Officer, a Nodal Contact Person, and a Resident Grievance Officer — all India-based.
SSMIs must publish monthly compliance reports disclosing proactive action taken on harmful content.
The rules require platforms to take down flagged content within 36 hours of government or court order, and to resolve user grievances within 15 days.
Amendments to the IT Rules 2021 have been made incrementally: in 2022 (Grievance Appellate Committee), in early 2026 (synthetic/AI content — the "IT Amendment Rules 2026" notified February 20, 2026), and the current proposed amendment on continuous labeling (April 2026).

Connection to this news: The proposed continuous labeling amendment is a further tightening of the already-amended IT Rules 2021 framework, reflecting regulatory concern that a label displayed only at the start of a video or audio clip is insufficient to prevent audiences from losing track of the synthetic nature of content.

Synthetically Generated Information (SGI): Definition and Regulatory Concern

The IT Amendment Rules 2026 (notified February 20, 2026) introduced the term "synthetically generated information" (SGI) — defined as information artificially created, generated, modified, or altered using a computer resource (including AI algorithms) in a manner that such information "reasonably appears to be authentic or true." This encompasses deepfakes, AI-generated audio, images, and video.

Deepfakes — hyper-realistic synthetic media generated using deep learning techniques (typically GANs — Generative Adversarial Networks) — are the primary concern driving the regulatory push.
Under the February 2026 rules, intermediaries hosting AI-creation tools must embed permanent metadata or provenance mechanisms in SGI to the extent technically feasible.
SSMIs must obtain user declarations on whether uploaded content is synthetically generated, verify such declarations using automated tools, and ensure labeling of confirmed SGI.
The earlier draft (October 2025) had proposed a "10% surface area" watermarking mandate; this was replaced in the final February 2026 rules with a qualitative standard requiring labels to be "prominent, easily noticeable, and adequately perceivable."
The now-proposed enhancement requires labels to persist continuously — not fade or disappear mid-content.

Connection to this news: The shift from "prominent" to "continuous and clearly visible throughout the duration" addresses a specific loophole: platforms and content creators could comply technically by displaying a brief disclaimer at the start while the body of the content — potentially hours of video — carries no label.

Information Technology Act, 2000 and Intermediary Liability

The Information Technology Act, 2000 (IT Act) is the primary legislation governing cyberspace in India. Section 79 of the Act provides conditional immunity ("safe harbour") to intermediaries from liability for third-party content — provided they observe due diligence and comply with government directives. This safe harbour is the foundation upon which all intermediary regulation, including the IT Rules 2021, rests.

Section 79 immunity is conditional: an intermediary that has "actual knowledge" of unlawful content and fails to remove it loses the protection.
Sections 66C (identity theft), 66D (cheating by impersonation using computer resources), and 66E (violation of privacy through private images) of the IT Act are the provisions most directly applicable to deepfake misuse.
Section 66E carries a maximum punishment of three years imprisonment and a fine of up to ₹2 lakh.
No dedicated deepfake law exists in India; regulation currently operates through intermediary obligations under IT Rules 2021 read with the IT Act.

Connection to this news: MeitY's proposed amendment works within this existing framework — imposing the continuous labeling obligation on intermediaries as a condition of maintaining safe harbour protection under Section 79.

Global Approaches to AI Content Regulation

Several jurisdictions have enacted or are enacting laws to regulate AI-generated content, providing comparative context for India's approach.

European Union: The EU AI Act (2024) classifies AI systems by risk level; deepfake labeling is mandated for general-purpose AI systems, and providers must ensure content is marked as machine-generated.
United States: No federal AI labeling law as of 2026, though some states (California, Texas) have enacted deepfake-specific laws; the C2PA (Coalition for Content Provenance and Authenticity) standard is gaining voluntary industry adoption.
China: Introduced "Deep Synthesis Provisions" in 2022, requiring explicit labeling of synthetic content.
India's approach of amending existing IT Rules — rather than enacting standalone legislation — reflects the government's preference for incremental regulatory evolution within the existing legal architecture.

Connection to this news: India's continuous labeling requirement places it broadly in line with international regulatory trends, though the absence of standalone deepfake legislation (unlike the EU AI Act or China's provisions) means enforcement gaps remain.

Key Facts & Data

IT Amendment Rules 2026: Notified February 20, 2026; introduced SGI definition, labeling and metadata requirements.
Proposed amendment target: Rule 3(3)(a)(ii) of IT Rules 2021 — changes "prominent visibility" to "continuous and clearly visible throughout the duration."
Stakeholder feedback deadline: Extended to May 7, 2026.
SSMI threshold: Platforms with more than 50 lakh (5 million) registered users in India.
IT Act, 2000: Primary legislation; Section 87 empowers MeitY to make rules; Section 79 provides conditional safe harbour.
Section 66E penalty: Up to 3 years imprisonment and ₹2 lakh fine for privacy violation through synthetic images.
IT Rules 2021: Originally notified February 25, 2021; replaced Intermediaries Guidelines Rules, 2011.
Grievance Appellate Committee (GAC): Introduced by 2022 amendment to IT Rules 2021; provides an appellate mechanism above platform-level grievance officers.
SGI definition: Content "artificially created, generated, modified or altered using a computer resource in a manner that such information reasonably appears to be authentic or true."
Content removal timeline under IT Rules: Government/court orders must be complied with within 36 hours; user grievances resolved within 15 days.