The Ministry of Electronics and Information Technology (MeitY) has proposed draft amendments to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, mandating platforms to clearly identify "synthetically generated content" and introducing new technical obligations for services facilitating its creation. These proposed rules aim to regulate deepfake and AI-generated content.
Scope of the New Rules
The draft rules introduce a clear definition of "synthetically generated information," referring to content "artificially or algorithmically created, generated, modified, or altered using a computer resource, in a manner that such information reasonably appears to be authentic or true". This definition encompasses AI-generated audio, video, and images that could potentially mislead viewers, including deepfakes. The rules will govern any AI-generated or edited content that could mislead viewers.
Mandatory Labelling and Metadata Tagging
The proposed changes require platforms, especially major social media intermediaries (SSMIs), to label such content through metadata and visible or audible markings. SSMIs are defined as platforms with over 5 million registered users in India, such as Facebook, YouTube, and Snapchat. Social media platforms that facilitate AI content creation must ensure that the information is "prominently labelled or embedded with permanent unique metadata or identifier". This identifier must be visible or audible, "covering at least ten per cent of the surface area of the visual display or, in the case of audio content, during the initial ten per cent of its duration," according to the rules. The draft rules stipulate that the metadata or identifier must not be alterable, suppressed, or removed.
Due Diligence and Consequences of Non-Compliance
If a platform knowingly allows unlabelled or falsely declared AI-generated content, it will be deemed to have failed in exercising due diligence under the IT Act. Platforms that enable the creation or modification of synthetic content would also be required to adopt technical measures to verify and declare if uploaded content is AI-generated.
Objectives and Rationale
MeitY aims to maintain an "open, safe, trusted, and accountable Internet" while addressing the growing risks of misinformation, impersonation, and election manipulation driven by generative AI. The government is setting clear rules on how platforms should detect, label, and act on synthetic content, especially with upcoming elections and the increasing accessibility of AI tools.
Broader Government Initiatives
This move is part of a broader push by MeitY to combat the spread of deepfakes and AI-generated misinformation. MeitY is also funding research projects under the IndiaAI mission to develop tools and frameworks for real-time deepfake detection, watermarking AI-generated content, and establishing ethical AI frameworks. The ministry has invited proposals from academia and industry to develop tools for real-time deepfake detection that can be integrated into web browsers and social media platforms. These tools should enable automated cross-modal content verification, enhance security, and ensure the integrity of the digital information ecosystem. The government is also seeking tools to detect AI-generated content and embed it with traceable markers to ensure robust content authenticity, authentication, and provenance tracking.
Impact and Future Steps
These proposed regulations, if adopted, could lead to greater transparency, ensuring users can more easily identify AI-generated content. They also place greater responsibility on creators, who may be required to follow stricter rules, register, or obtain licenses, and may be held legally liable for misuse. The move is expected to bring stronger oversight, requiring media organizations to implement internal oversight mechanisms like ombudsmen and fact-checking to ensure AI content meets specific standards.
