Artificial Intelligence and the 2026 Amendment

In one line

On 10 February 2026 the Government inserted two definitions and two deeming provisions into the Intermediary Guidelines, and in doing so made synthetically generated information a category of the Rules rather than a topic of policy.

The instrument

G.S.R. 120(E), dated 10 February 2026, amending the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, in force from 20 February 2026.

It is the fifth instrument in the chain, and the chain should be learned:

And there is a sixth that is not law. A draft second amendment of 2026 was published for consultation, the consultation closed on 7 May 2026, and the draft carries blanks for its date and notification number. It is a draft and must be described as one.

The first definition: synthetically generated information

Rule 2(1)(wa), inserted:

'synthetically generated information' means audio, visual or audio-visual information which is artificially or algorithmically created, generated, modified or altered using a computer resource, in a manner that such information appears to be real, authentic or true and depicts or portrays any individual or event in a manner that is, or is likely to be perceived as indistinguishable from a natural person or real-world event

Four elements, and each must be satisfied.

Audio, visual or audio-visual information. Not text. A wholly fabricated article of prose is outside the definition, which is a deliberate and much criticised limit.

Artificially or algorithmically created, generated, modified or altered using a computer resource. Four verbs, and "modified or altered" is important: an authentic photograph algorithmically altered is within the definition, not only a wholly fabricated one.

In a manner that it appears to be real, authentic or true. An obviously stylised or cartoon output is outside.

And depicting an individual or event in a manner that is, or is likely to be perceived as, indistinguishable from a natural person or real-world event. This is the realism threshold, and it is objective in form.

The proviso, which is three exclusions and which a good answer names. Information is not synthetically generated where it arises from:

(a) routine or good faith editing: formatting, enhancement, technical correction, colour adjustment, noise reduction, transcription or compression, that does not materially alter, distort or misrepresent the substance, context or meaning of the underlying material;