NEW DELHI: The Ministry of Electronics and Information Technology on Tuesday notified a new framework under which any synthetically generated information (SGI) or AI-generated content that includes sexual abuse material, non-consensual intimate images, obscene or sexually explicit content, or fake documents or electronic records will be treated as illegal. Under the framework, AI-generated content used for fraud, harassment, child abuse, misinformation, or any other criminal activity will be dealt with under the same laws as other illegal online content. Failure to comply may expose users to criminal action under various Indian laws, including the Bharatiya Nyaya Sanhita, 2023.
The framework has been notified as amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The new rules mandate that AI-generated content must be clearly and prominently labelled as “synthetically generated”. The label should be easy for viewers or listeners to notice and must include permanent metadata or technical markers, along with a unique identifier that traces the content back to the platform or tool used. Users will not be allowed to remove or hide these labels or metadata, ensuring that people can easily identify AI-generated content.
The new framework also mandates platforms to deploy reasonable and appropriate technical measures to prevent the creation or sharing of illegal synthetic content, including child sexual abuse material, fake documents or electronic records, and content that falsely portrays a real person or event in a deceptive manner.
The move comes amid recent controversy involving Elon Musk-led AI chatbot Grok on X, which faced scrutiny in India over the generation of sexualised and obscene images of women and minors.
As per the amended rules, platforms such as X, Meta, Instagram, and other content-hosting websites cannot argue that AI-generated content falls outside the scope of the law. These platforms are required to remove or block such content within prescribed timelines to retain their legal protection under Section 79 of the IT Act.
The rules also mandate that social media platforms must inform users at least once every three months about their responsibilities. This includes warning users that their accounts may be suspended or terminated for violations, and that sharing illegal content may attract penalties or imprisonment under Indian law.
In addition, the law introduces special warnings for platforms offering AI tools such as ChatGPT, Gemini, and Grok. These platforms must inform users that misuse of AI tools can lead to punishment under various laws, including criminal law, child protection laws, election laws, and laws related to obscenity, trafficking, and harassment.
One of the most significant changes in the 2026 amendment is the sharp reduction in response timelines. Earlier, platforms had up to 36 hours to respond to government or police orders. This has now been reduced to three hours. Grievances must be addressed within seven days instead of 15, urgent cases within 36 hours instead of 72, and certain takedown actions must be completed within two hours.
Large social media platforms with millions of users will face additional obligations. They will be required to ask users to declare whether content is AI-generated and use technical tools to verify the accuracy of such declarations. Once confirmed, AI-generated content must be clearly labelled. If a platform knowingly allows or promotes illegal synthetic content, or fails to act despite being aware of it, it will be treated as having failed its legal duty, exposing it to legal consequences.
However, the rules also clarify that normal and good-faith digital activities are excluded. Routine editing, colour correction, noise reduction, subtitles, translation, document formatting, educational or training materials, and accessibility tools will not be treated as synthetically generated content, provided they do not mislead users or create false records.