Safe Harbour And AI: The 2026 Intermediary Guidelines Amendment

1. Introduction

1.1. Statutory Framework and Regulatory Context

The Information Technology Act, 2000 (the "IT Act") empowers the Central Government under section 87 to frame rules governing intermediaries, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (the "Intermediary Rules"). The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026 (the "2026 Amendment Rules") amend this framework. Section 79 of the IT Act provides safe harbour to intermediaries subject to compliance with due diligence obligations.

The 2026 Amendment Rules respond to the rapid rise of AI-driven synthetic and deepfake audio-visual content, including impersonation-based media. With the increasing use of such technologies, risks such as child sexual exploitation, non-consensual intimate imagery, creation of false documents or electronic records, explosives-related content, and