IFF issues initial statement on India’s draft information technology amendment rules, 2025

The Internet Freedom Foundation (IFF) has issued an initial statement on the Draft Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 – or Draft IT Amendment Rules 2025 – calling the government’s proposed regulations ‘well-intentioned but dangerously expansive.’ The rules, released by India’s Ministry of Electronics and Information Technology (MeitY), aim to address the growing risks posed by synthetically generated information, including deepfakes and AI-manipulated content.

According to IFF, while the intent to curb harms such as non-consensual intimate imagery and election manipulation is legitimate, the draft rules risk creating a framework of compelled speech, intrusive monitoring, and generalised surveillance.

Concerns over broad definitions and compelled labelling
IFF’s primary concern lies with the definition of ‘synthetically generated information’ under Rule 2(i)(1)(wa), which covers any content that is ‘algorithmically created, generated, modified, or altered in a manner that appears authentic or true.’ The organisation argues that such wording is so broad that it could include satire, parody, remix videos, and even harmless image edits, effectively expanding the law’s scope to nearly all forms of online content.

The draft would also require editing tools and social media platforms to embed permanent identifiers or visible labels on synthetic content covering at least 10% of an image or video, regardless of its context. IFF warns that this constitutes compelled speech, forcing creators and platforms to insert disclaimers that could stifle creative expression. This is reminiscent of cinema and OTT censorship regimes, the group said, adding that determined bad actors are unlikely to comply, leaving ordinary users to face the burden of compliance.

Automated verification and privacy risks
The proposed Rule 4(1A) would require large social media intermediaries to collect user declarations and use automated tools to verify them. Platforms could face liability under a ‘deemed failure’ standard if they fail to detect or remove flagged content quickly. IFF cautioned that this measure would push companies toward general monitoring and over-removal of content to avoid penalties – a practice that undermines both privacy and free expression.

The rules also integrate ‘synthetically generated information’ into existing traceability and due diligence clauses, raising further concerns about encrypted communications and data protection.

Lack of coherent AI policy and public consultation
IFF criticised MeitY for advancing such sweeping measures without a clear, publicly implemented national strategy on AI regulation. It pointed to the government’s Report on AI Governance Guidelines Development, released for consultation earlier in 2025, which had already noted that India’s existing legal framework was sufficient for handling malicious synthetic media. These Draft Rules contradict earlier policy positions, the organisation said, noting that at the same time MeitY is promoting facial recognition technologies through initiatives like the IndiaAI Face Authentication Challenge, a move IFF says poses ‘serious risks of exclusion and surveillance.’ ‘Taken together, these steps indicate expanding public-sector adoption of AI without statutory frameworks or meaningful legal safeguards.’

The group also called for an extension of the public comment window, currently set to close on 6 November 2025, arguing that the proposed changes are too complex and far-reaching to assess in such a short timeframe.

Implications for civil society and users
Civil society groups like IFF stress that any future rules should safeguard privacy, avoid excessive state or corporate control over online content, and remain consistent with India’s constitutional protections for free speech.