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ARTICLE · 18 MARCH 2026

AI Generated Content, Safe Harbour And Due Diligence: How The 2026 IT Rules Recast Intermediary Obligations In India

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India’s 2026 amendment to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has turned deepfake and AI generated content from a policy concern into a concrete safe harbour risk for intermediaries.

IndiaTechnology
Jolwarhring Hrangbung
Jolwarhring Hrangbung
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India’s 2026 amendment to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has turned deepfake and AI generated content from a policy concern into a concrete safe harbour risk for intermediaries. The IT Rules 2026 establish AI content governance as a primary risk management obligation for digital platforms by creating stricter due diligence procedures for synthetic generated information and establishing non compliance penalties which result in the loss of legal protections. This article examines how the new rules affect intermediary safe harbour, what enhanced due diligence now looks like in practice, and what in house legal and compliance teams should prioritise.

1. Safe Harbour Under The IT Act - What Is At Stake?

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