Amendment Rules for AI Imagery Regulation

Summary of IT (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026

Key Provisions:

• AI-Generated Imagery Disclosure:
  • Platforms must prominently label AI-generated imagery.
  • No specific size required for the disclosure.
  • Does not apply to AI imagery that does not seek to imitate real content.

Rationale:

• Emergence of AI-generated content impacts user rights; users must know when content is synthetic.

Regulatory Context:

• India is preparing for the AI Impact Summit, focusing on necessary regulations for AI while showing restraint in governance.

Compliance Timelines:

• Content removal timelines reduced to 2–3 hours for all platforms.
  • This creates tension between quick takedown and the need for careful evaluation of such requests, impacting freedom of expression.

Governance Issues:

• Lack of public consultation on sudden changes may affect stakeholders, particularly large tech firms (“hyperscalers”).
• Changes are contentious and underlit by ongoing court cases related to existing IT Rules.

Implications:

• Shortened compliance timelines may compel platforms to adopt a more aggressive approach to content moderation, risking judicial consequences.
• Absence of parliamentary debate raises concerns regarding democratic processes around freedom of expression and digital governance.

Judicial Context:

• Rules are being challenged in courts, suggesting significant legal scrutiny of the government's regulatory framework.

Conclusion:

The amendments signal a shift in digital governance with significant implications for user rights, platform responsibility, and expression freedoms in the digital landscape.