Despite the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 coming into force in February, India struggles to enforce labeling and removal requirements for synthetic AI content, leaving victims to seek legal recourse independently.
- Platforms routinely fail to label or swiftly remove AI-generated deepfakes.
- Victims increasingly rely on courts rather than regulatory enforcement.
- Transparency on platforms’ compliance remains minimal.
What happened
India introduced the Information Technology Amendment Rules in February 2026 to regulate synthetic generated information, such as deepfakes. These rules require platforms to (1) label AI-generated content, (2) have users declare such content upon uploading, and (3) remove flagged deepfakes within a short window, especially sensitive non-consensual imagery within two hours.
Although these regulations have been in effect for over four months, numerous cases—including a high-profile Bombay High Court action initiated by actor Preity Zinta against Google and others—highlight ongoing lapses in enforcement. AI-generated misinformation and non-consensual content continues to spread widely without proper labels or timely removals.
Why it matters
The persistence of unlabeled and unremoved AI-generated content indicates a significant gap between the regulatory framework and actual platform behavior. This undermines the intent of the law to protect users from deceptive, harmful, or privacy-violating deepfakes online.
The lack of transparent reporting from platforms about their enforcement efforts makes it difficult to evaluate the effectiveness of the deepfake rules. Consequently, victims have little choice but to seek justice through courts or police, shifting the burden away from digital intermediaries who the law aimed to hold accountable.
What to watch next
Stakeholders will be closely watching for increased regulatory scrutiny or enforcement actions against non-compliant platforms. Clearer government mandates or penalties might be introduced to compel platforms to implement labeling and removal measures as intended by the 2026 rules.
Further legal precedents from ongoing cases like Preity Zinta’s lawsuit may shape how Indian courts interpret and enforce digital content regulations, potentially clarifying platforms’ responsibilities and accelerating compliance efforts.