India's AI Labelling Rules (2026): What Every AI Site Must Show
India amended the IT Rules on 10 February 2026, with compliance required from 20 February 2026. Platforms must label synthetically generated content clearly and prominently, and must act on takedown requests within 3 hours for court or government orders, 2 hours for high-risk content such as NCII or impersonation, 36 hours for complaints about an individual, and 7 days for general grievances. Crucially, AI-generated text is not within the definition of synthetically generated information.
Last checked: 7 October 2026. This is not legal advice. We run an AI chat product in India and wrote this summary for ourselves; it is a plain-language reading of public analysis, not a substitute for a lawyer. Primary sources are linked throughout.
Key takeaways
- Notified 10 Feb 2026, in force 20 Feb 2026.
- "Synthetically generated information" is audio, visual and audio-visual — text is excluded.
- Four different clocks: 3 hours, 2 hours, 36 hours, 7 days.
- The proposed 10% watermark rule was dropped in favour of "clearly and prominently labelled".
- Safe harbour is the lever — non-compliance puts it at risk.
What counts as "synthetically generated information"
The definition is narrower than most headlines suggest. Per Hogan Lovells' summary, SGI is:
audio, visual, or audio-visual information that is artificially or algorithmically created, generated, modified, or altered using a computer resource in a manner that appears real and authentic, portraying individuals or events as indistinguishable from actual persons or real-world occurrences
Two things follow.
Text is outside it. Freshfields' analysis states plainly that text generated by AI does not fall within SGI. So a text-only chat product's labelling obligations are materially narrower than those of an image, voice or video generator.
That is not a blanket exemption. The labelling duty is one obligation among several. Takedown timelines, grievance handling and the general due-diligence obligations under the IT Rules apply regardless of whether your output is text. Reading "text is excluded" as "the rules don't apply to us" would be a mistake.
The rule is also aimed at a specific harm: synthetic media that appears real and authentic and portrays real people or events. A clearly fictional character is a different thing from a convincing fake of a real person — which is precisely why we don't build characters from living people.
The four takedown clocks
| Deadline | Applies to |
|---|---|
| 3 hours | Court orders and government notices to remove unlawful content (previously 36 hours) |
| 2 hours | High-risk content: nudity or sexual acts, non-consensual intimate imagery, impersonation, artificially morphed images |
| 36 hours | Complaints relating to content concerning a specific individual |
| 7 days | General user grievances |
The two-hour window is the one to design around. It covers impersonation and morphed imagery, which is exactly the category a character-AI platform could drift into if it allowed likenesses of real people. Two hours is not enough time to build a process after the first complaint arrives — it has to exist beforehand.
Labelling: what the final rules actually require
The draft proposed hard numbers: a watermark covering at least 10% of the surface area for visual content, or a disclaimer across the first 10% of the duration for audio. Both were dropped.
The final requirement is that SGI be "clearly and prominently labelled", and embedded with permanent metadata or provenance markers — including identifiers linking the content back to the intermediary's systems.
Qualitative standards are easier to meet in spirit and harder to measure. In practice: a label a normal person would notice without looking for it, that survives the content being downloaded and re-shared.
Who is a "significant social media intermediary"?
An SSMI is a platform with more than 50 lakh (5 million) registered users in India. Crossing that threshold brings additional obligations.
Most Indian AI products are nowhere near it — but the threshold is about registered users, not daily actives, so it arrives sooner than teams expect.
Why safe harbour is the real stake
The enforcement mechanism isn't a fine. It's safe harbour — the protection under Section 79 that stops a platform being treated as the publisher of what its users post. Lose it and every piece of user content becomes a potential direct liability.
That is why the compliance question is worth taking seriously even at small scale.
What this means for a text-only AI chat product
Speaking only about our own position, and without claiming a clean bill of health:
- We label every character as AI. It is on the character card, the chat screen and our AI disclaimer, which opens: "Every character is an AI. None of them are real people — even the famous ones. They make things up, confidently."
- We don't generate images, audio or video, so the SGI labelling duty largely doesn't reach our output today. If we ship voice, that changes immediately — original synthetic voices only, never a clone of a real person.
- We don't build characters from living people. That keeps us away from the two-hour impersonation clock by design rather than by process.
- We have a report flow on every chat, and a published content policy.
We are not claiming to be fully compliant. That is a judgement for counsel, not for a blog post, and any platform telling you otherwise on its own website is overreaching.
Primary sources
- Hogan Lovells — mandatory labelling and 3-hour takedown
- Freshfields — key changes under MeitY's 2026 amendments
For anything that matters, read MeitY's notification itself and talk to a lawyer.
Frequently asked questions
When did India's AI labelling rules come into force?+
The amendments were notified on 10 February 2026 and compliance was required from 20 February 2026.
Does the law cover AI-generated text?+
No. The definition of synthetically generated information covers audio, visual and audio-visual content. Published analysis states text generated by AI does not fall within it. Other obligations — takedowns, grievances, due diligence — still apply.
What are the takedown deadlines in India's 2026 IT Rules?+
Three hours for court or government orders, two hours for high-risk content including NCII and impersonation, 36 hours for complaints about a specific individual, and seven days for general grievances.
Was the 10% watermark rule dropped?+
Yes. The draft proposed a watermark covering at least 10% of visual surface area, or the first 10% of audio duration. The final rules replaced it with a requirement that content be clearly and prominently labelled.
What happens if a platform doesn't comply?+
Safe harbour protection is at risk. Losing it means the intermediary can be treated as the publisher of user content rather than a conduit for it.
How many users makes a platform an SSMI?+
More than 50 lakh — five million — registered users in India.
Does this apply to a small AI chat site?+
The due-diligence and takedown obligations apply to intermediaries generally, not only to large ones. The additional SSMI duties apply above the five-million threshold. Get advice on your specific position.
Abhay Singh
Cloud architect and founder of Ldelight Solutions, the company behind Kirdaar AI. Writes about AI characters, Hindi and Hinglish chat, and building AI products for India.
Learn more about Kirdaar AI.