Put a label on it: analysing India’s changing online safe harbour rules

Indiaʼs safe harbour framework – as it applies to digital intermediaries and online content – is set to change soon.

On 22 October 2025, the Ministry of Electronics and Information Technology (MeitY) ushered in two significant, prospective sets of amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules).

The first are draft amendments to the governing IT Rules (Draft Amendment Rules), which will introduce labelling requirements and disclaimers for content generated or modified using artificial intelligence (AI).

The second, which followed hot on the heels of the first, are distinct, notified amendments to an existing takedown requirement under the IT Rules. These took the form of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2025 (Takedown Rules).

State of play: The public consultation window for inputs on the AI-focused Draft Amendment Rules is short. MeitY is accepting comments (to be sent to itrules.consultation@meity.gov.in) until 6 November 2025. 

The Takedown Rules were not issued in draft form for public consultation; they will take effect as-is on 15 November 2025. 

Why this matters: Safe harbour is integral to digital intermediaries that handle third-party information/content. It gives them immunity against liability for such content, as long as they (amongst other preconditions) observe certain due diligence requirements prescribed under the IT Rules.

The Draft Amendment Rules and the Takedown Rules significantly alter these safe harbour rules. They also demonstrate how seemingly small changes can substantively alter a UI/UX, and related procedural protocols.

We unpack the key changes across both sets of proposed amendments in our update.