The recent amendments to India’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code Rules), notified on 10 February 2026 and set to take effect from 20 February 2026, signal a decisive regulatory shift for digital platforms. While the objective of addressing misinformation and harmful AI-generated content is well-intentioned, the compliance implications for intermediaries are significant.

A few issues stand out:

Compressed takedown timelines
The move from longer response windows to near-immediate takedown obligations (from 36 hours to just 3 hours in many cases. For non-consensual intimate imagery, the timeline can be as little as 2 hours) places heavy operational and legal pressure on intermediaries. At scale, this increases the likelihood of precautionary removals and raises questions around proportionality and due process.

Expanded obligations for synthetic and AI-generated content
Intermediaries are now required to identify, label, and act upon manipulated or synthetic content. These duties introduce complex technical and evidentiary challenges, particularly in distinguishing harmful content from legitimate satire, commentary, or creative expression.

Erosion of safe-harbour certainty
Non-compliance with enhanced “due diligence” standards risks the loss of protection under Section 79 of the IT Act. This materially alters the risk calculus for platforms, pushing them toward conservative moderation policies.

Escalating compliance costs
The amendments demand continuous monitoring systems, rapid grievance redressal mechanisms, and strengthened internal controls. This burden may be disproportionately felt by smaller intermediaries and emerging platforms.

Overall, the intent of the Ministry of Electronics and Information Technology is clearly to strengthen accountability and user protection in the digital ecosystem.
However, the regulatory challenge lies in ensuring that these obligations remain workable, precise, and aligned with constitutional rights guaranteeing freedom of expression. Thus, it would seem it is not merely a compliance issue but how digital governance will evolve in practice.