- Why in news
- On 5 August 2026 the MoS for Electronics and IT told the Lok Sabha how the IT Act, BNS and the amended IT Rules, 2021 address AI deepfakes. The release was posted on 6 August 2026.
- What it is
- The IT Act, 2000 is India's main law on cyber offences and electronic records. It works with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which set due diligence duties for platforms. Section 79 gives intermediaries a safe harbour from liability for third-party content, but only if they follow these duties.
- Amendment of IT Rules
- On 10 February 2026 the IT Rules, 2021 were amended to cover synthetically generated information, including deepfakes. Permissible AI content must carry clear labels and traceable metadata.
- Takedown timeline
- The time to remove unlawful information on a government or court intimation was cut from 36 hours to 3 hours.
- Loss of safe harbour
- An intermediary that fails to follow the IT Rules loses its Section 79 exemption for third-party information and can face prosecution.
- SSMI threshold
- Social media intermediaries with 50 lakh or more registered users in India are Significant Social Media Intermediaries. They have extra duties such as compliance reports and local officers.
- Section 69A
- Section 69A of the IT Act allows blocking orders to intermediaries for specific information or links.
- Constitutional basis
- Police and public order are State subjects under the Seventh Schedule. States and UTs are primarily responsible for investigating and prosecuting cybercrime.
Don’t confuse with Section 69A vs Section 79: Section 69A lets the government order blocking of specific content. Section 79 is the intermediary's safe harbour, which is lost if due diligence is not followed.
Don’t confuse with IT Act vs IT Rules, 2021: The IT Act is the parent law passed by Parliament. The IT Rules are subordinate rules made under it, and the deepfake labelling duties come through the Rules.
Laws, judgments and statutory bodies: 30 Prelims questions since 2013 (what the law says, who chairs, legal basis). In Mains, 44 news-triggered questions, most in GS2, asking for provisions and challenges.
Why it matters
- Gives a legal route against deepfake fraud, impersonation and non-consensual intimate imagery without a new law.
- Faster takedown timelines limit how far harmful content spreads.
Problems
- Policing is a State subject, so enforcement depends on State police capacity.
- Automated detection and fast takedown can over-remove lawful speech and raise free speech and privacy concerns.
Way forward
- Build forensic and detection capacity in State police and strengthen coordination through I4C.
- Keep rules proportionate with clear safeguards, appeals and transparency on content moderation.
Put in your answer
Grievance Appellate Committees: Users can appeal online to the GAC if the intermediary's Grievance Officer does not resolve a complaint.
India AI Governance Guidelines: Released on 5 November 2025, they set a risk-based, proportionate framework for safe and responsible AI.
SAHYOG portal: The portal, run by I4C, sends automated and centralised removal notices to intermediaries.
- 2026Mains GS3 · Q9Explain fake news threat to internal security; discuss 2021 IT Intermediary Rules amendments.
- 2013Mains GS2 · Q2Discuss Section 66A of IT Act against Article 19 freedom of speech.
- 2020Mains GS3 · Q9Discuss types of cyber crimes and measures to fight them.
UPSC’s own questions that come close to this issue, from our Prelims and Mains banks.
No practice question for this one; the card may still help an answer. Why: Lasting legal topic; the release only lists existing provisions, so it adds little new for a question.
Worth revising until Prelims 2028: most news questions come within two years of the event.