6. India’s Artificial Intelligence (AI) Rules 2026: Takedown Timelines and Ethics

The Government of India has notified its first dedicated legislation concerning AI-generated content and digital media ethics. These rules aim to combat the rise of malicious deepfakes while establishing a framework for transparency in the digital ecosystem. By introducing aggressive takedown windows and mandatory labeling, the policy seeks to balance technological innovation with individual digital rights. Key Summary Points for UPSC• Strict Takedown Mandates: The rules establish a two-hour deadline for platforms to remove nonconsensual sexual deepfakes upon reporting. For other AI-modified content, the window is three hours. • Mandatory Watermarking: All content significantly generated or modified by AI (text, image, or video) must carry a visible watermark to inform users of its synthetic nature, though basic filters are exempted. • Safe Harbour Accountability: Intermediaries (Social Media Companies) risk losing their \'Safe Harbour\' legal immunity under the IT Act if they fail to comply with these rules by February 20, 2026. • Geographical and Regulatory Context: India’s two-hour window is currently the most stringent globally, surpassing the U.S. \'Take It Down\' Act (24 hours) and exceeding proactive monitoring requirements in the EU AI Act. • Impact on Creative Industries: While the rules safeguard intellectual property and individual dignity, artists and advertisers have raised concerns regarding creative liberty and potential \'shadow banning\' of labeled content. • Grievance Redressal Mechanism: The rules streamline the reporting process, though experts remain cautious about the technical capacity of platforms to implement such rapid automated moderation. Constitutional & Legal Provisions • Information Technology Act, 2000 (Section 79): The primary legislation governing intermediary liability. The new rules act as a subset of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules. • Article 21 (Right to Privacy): The Supreme Court in Puttaswamy v. Union of India upheld privacy as a fundamental right; these rules provide a regulatory shield against digital identity theft (Deepfakes). • Article 19(1)(a): Freedom of Speech and Expression includes the right to receive truthful information. Labeling AI content prevents the spread of misinformation that could manipulate public opinion. • Seventh Schedule (Union List): \'Communication\' (Entry 31) grants the Central Government the power to regulate internet-based services and AI technologies. Definitions of Key Terms • Deepfake: Synthetic media in which a person in an existing image or video is replaced with someone else\'s likeness using artificial neural networks. • Safe Harbour Protection: A legal provision that protects social media platforms from being held liable for content posted by their users, provided they follow government-mandated \'due diligence.\' • Watermarking: The process of embedding a digital signal or visible label into AI-generated content to identify its origin and authenticity. • Intermediary: An entity that receives, stores, or transmits electronic records on behalf of another person (e.g., WhatsApp, X, Facebook, Google). Global Regulatory Comparison

Conclusion India’s AI rules represent a proactive \'Digital Sovereignty\' approach. By prioritizing the removal of sexually explicit deepfakes within a two-hour window, the government has placed the onus of safety squarely on big-tech intermediaries. However, the success of this regime will depend on bridging the gap between legislative intent and the technical capability of platforms to detect AI content in real-time without stifling legitimate creative expression. UPSC Relevance • Prelims: Identifying the nodal ministry (MeitY); understanding \'Safe Harbour\' and Section 79 of the IT Act; comparing global AI regulations (EU AI Act vs. India). • Mains (GS Paper III): Challenges to Internal Security through Communication Networks; Basics of AI and Cyber Security; Role of Media and Social Networking Sites in Internal Security Challenges. • Mains (GS Paper IV - Ethics): Ethical concerns of Deepfakes (Consent, Dignity, Truth); Corporate Social Responsibility of Tech Giants in the digital age.