Deepfake Law in India
India regulates deepfakes through the IT Act 2000, IT Rules 2021 (updated 2023), and the Digital Personal Data Protection Act 2023. Dedicated deepfake legislation is debated following high-profile 2023–2024 cases.
- Status
- enacted
- Jurisdiction
- India
- Effective
- Apr 2023
- Statute
- IT Act 2000 + IT Rules 2021/2023 + DPDP Act 2023
India's deepfake regulation operates through a combination of the IT Act 2000 (amended), IT Rules 2021 (updated in 2023 with AI-specific provisions), and the Digital Personal Data Protection Act 2023. Dedicated deepfake legislation has been debated but not enacted.
Key provisions
IT Act 2000 — Sections 66E, 67, 67A, 67B. Cover privacy violations, obscenity, and child sexual abuse material. Interpreted to apply to AI-generated content. Penalties up to seven years for specific offenses.
IT Rules 2021 (updated 2023). Require intermediaries (platforms, ISPs) to remove deepfake content within specified timeframes (36 hours for most; 24 hours for sensitive categories). Platforms must use "reasonable efforts" to prevent hosting of deepfake content targeting identified persons.
Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules. Allow government takedown orders for content harming sovereignty, public order, or public morality — applied to high-profile deepfake cases.
Digital Personal Data Protection Act 2023. Biometric data provisions cover voice and facial features. Expected to be operational with implementing rules in 2026.
Indian Penal Code / Bharatiya Nyaya Sanhita 2023. Defamation, impersonation, and fraud provisions apply to deepfake-enabled offenses.
MeitY advisories
The Ministry of Electronics and Information Technology (MeitY) has issued advisories specifically on deepfakes following the 2023 Rashmika Mandanna and related cases. Key expectations:
- Platforms must proactively identify and remove deepfake content.
- Failure to comply can result in loss of safe-harbor protection under Section 79 of the IT Act — exposing platforms to direct liability for hosted content.
Dedicated deepfake legislation
A dedicated deepfake bill has been in preparation since late 2023. Public statements from MeitY indicate intention to introduce legislation with criminal penalties specifically targeting deepfake creation and distribution. Timing uncertain as of early 2026.
Practical implications
For organizations operating in India:
- Platforms: MeitY compliance is a high-visibility priority. Proactive detection infrastructure is expected.
- AI service providers: DPDP Act obligations plus IT Rules require careful consent management.
- Enterprises: moderate current burden; expected to increase with dedicated deepfake legislation.