Draft amendments to IT Rules, 2021 relating to Synthetically generated information

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY NOTIFICATION New Delhi, the ___th October, 2025 G.S.R. ____(E).—In exercise of the powers conferred by sub-section (1), clauses (z) and (zg) of sub-section (2) of section 87 of the Information Technology Act, 2000 (21 of 2000), the Central Government hereby makes the following rules to further amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, namely:— 1. (1) These rules may be called the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025. (2) They shall come into force on the ___ day of________, 2025. 2. In the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (hereafter referred to as the said rules), in rule 2,⎯ (i) in sub-rule (1), after clause (w), the following clause shall be inserted, namely:⎯ “(wa) ‘synthetically generated information’ means information which is 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;”. (ii) after sub-rule (1), the following sub-rule shall be inserted, namely:⎯ “(1A) For the purposes of these rules, any reference to ‘information’ in the context of information being used to commit an unlawful act, including under clause (b) and (d) of sub-rule (1) of rule 3 and sub-rules (2) and (4) of rule 4, shall be construed to include synthetically generated information, unless the context otherwise requires.”. 3. In the said rules, in rule 3, in sub-rule (1), in clause (b), before the explanation, the following proviso shall be inserted, namely:— “Provided that the removal or disabling of access to any information, including synthetically generated information, data or communication link within the categories of information specified under this clause as part of reasonable efforts or on the basis of grievances received under sub-rule (2) by such intermediary, shall not amount to a violation of the conditions of clauses (a) or (b) of sub-section (2) of section 79 of the Act;”.4. In the said rules, in rule 3, after sub-rule (2), the following sub-rule shall be inserted, namely:— “(3) Due diligence in relation to synthetically generated information: (a) Where an intermediary offers a computer resource which may enable, permit, or facilitate the creation, generation, modification or alteration of information as synthetically generated information, it shall ensure that every such information is prominently labelled or embedded with a permanent unique metadata or identifier, by whatever name called, in a manner that such label, metadata or identifier is visibly displayed or made audible in a prominent manner on or within that synthetically generated information, covering at least ten percent of the surface area of the visual display or, in the case of audio content, during the initial ten percent of its duration, and can be used to immediately identify that such information is synthetically generated information which has been created, generated, modified or altered using the computer resource of the intermediary; (b) the intermediary under clause (a) shall not enable the modification, suppression or removal of such label, permanent unique metadata or identifier, by whatever name called.”. 5. In the said rules, in rule 4, after sub-rule (1), the following sub-rule shall be inserted, namely:— “(1A) A significant social media intermediary which enables displaying, uploading, or publishing any information on its computer resource shall, prior to such display, uploading, or publication,— (a) require users to declare whether such information is synthetically generated information; (b) deploy reasonable and appropriate technical measures, including automated tools or other suitable mechanisms, to verify the accuracy of such declaration, having regard to the nature, format, and source of such information; and (c) where such declaration or technical verification confirms that the information is synthetically generated, ensure that the same is clearly and prominently displayed with an appropriate label or notice, indicating that the content is synthetically generated: Provided that where such intermediary becomes aware, or it is otherwise established, that the intermediary knowingly permitted, promoted, or failed to act upon such synthetically generated information in contravention of these rules, such intermediary shall be deemed to have failed to exercise due diligence under this sub- rule. Explanation.—For the removal of doubts, it is hereby clarified that the responsibility of the significant social media intermediary shall extend to taking reasonable and proportionate technical measures to verify the correctness of user declarations and to ensure that no synthetically generated information is published without such declaration or label.”.[F. No. …….] ……. Note.—The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide notification number G.S.R.139(E), dated the 25th February, 2021 and subsequently amended vide notification number G.S.R.794(E), dated the 28th October, 2022 and vide notification number G.S.R.275(E), dated the 6th April, 2023. ..