Context
Amendments to the Information Technology Act, 2021 introducing mandatory labelling for photorealistic AI-generated content.
Key Changes
• Mandatory Labelling: Photorealistic AI-generated/synthetic content must be clearly and prominently labelled.
• Synthetic Content = “Information”: Treated as “information” under IT Rules for determining unlawful acts.
• Faster Takedown Deadlines:
• Unlawful content: 3 hours (earlier 24–36 hours).
• Sensitive content (non-consensual deepfakes/nudity): must be removed within 2 hours.
• Disclosure Requirement: Platforms must seek information from users if content is AI-generated.
• Definition of Synthetic Content: Any audio-visual content algorithmically created or altered to appear real.
• Penalty Risk: Non-compliance may lead to loss of safe harbour protection for platforms.
• Exemption: Smartphone camera touch-ups are exempt.
