Deepfake crackdown: How 3-hour takedown rule ushers in tighter scrutiny

A series of viral deepfake controversies and court battles over digital impersonation have pushed India’s creator economy into a new phase of legal scrutiny, just as the Centre’s stricter three-hour takedown rule is set to come into force on February 20.

In recent months, several influencers have faced the circulation of alleged private videos and morphed clips across social media platforms. Gamer Payal Dhare, known as Payal Dhare, was among those whose alleged private video was widely shared online. Similar claims surrounded Bengali YouTubers Sofik SK and Dustu Sonali in what became known as the 19-minute viral video controversy. In multiple instances, cyber experts later pointed to signs of AI-based face swapping and manipulation.

Influencer Anjali Arora had earlier approached courts over the circulation of a morphed MMS clip. Legal protection has also been sought by public figures against unauthorised commercial use of their digital persona.

In January 2026, the Delhi High Court directed the removal of unauthorised commercial content linked to Bhuvan Bam after he alleged misuse of his name, image, voice and likeness. Similar petitions have been filed by Salman Khan and Amitabh Bachchan to restrain unauthorised exploitation of their persona.

Ashwini Vaishnaw, Union Minister for Electronics and Information Technology, Information and Broadcasting, and Railways, speaking at the India AI Summit, said, “Regarding deepfakes, I think we need much stronger regulation on deepfakes. I think it’s a problem which is growing day by day. And certainly, there is a need for protecting our children, protecting our society from these harms. We have initiated a dialogue with the industry already on this. Even our IT committee of the Parliament have studied this issue and they have also made certain recommendations. So certainly I believe that yes, we need much stronger regulation on deepfakes. And we definitely must create that consensus within the Parliament for creating those significantly stronger restrictions on deepfakes so that society can be protected from these harms.”

Public figures have also raised concerns about the social impact of AI misuse. Actor Soha Ali Khan at the AI Impact Summit said, “AI is also making it faster and cheaper. It is easier than ever now to impersonate someone, to create deep fakes, to manipulate images, to misuse personal data. Most women unfortunately do not know how to fight back.”

She added, “When I say ethical AI, I mean safety by design, privacy by default, meaningful consent, clear reporting systems and real accountability.”

On the same platform, entrepreneur and podcaster Raj Shamani said, “If we put too many guardrails, innovation will slow down. But misuse like deepfakes is a real concern.”

Government Moves to Fast-Track Deepfake Takedowns  

Against this backdrop, the Centre has amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, reducing the compliance window for removal of specified unlawful content from 36 hours to three hours. The revised framework, notified by the Ministry of Electronics and Information Technology on February 10, explicitly includes synthetically generated or AI-manipulated audiovisual content within its scope. The rules will come into effect on February 20.

Under the amended rules, platforms must disable access to specified unlawful content within three hours of receiving a lawful written order. Where issued by police authorities, such orders must come from an officer not below the rank of Deputy Inspector General who is specially authorised.

Officials have said the move is aimed at curbing the rapid viral spread of deepfakes, AI-driven misinformation, child sexual abuse material and content affecting public order or national security. The government has maintained that the first few hours after publication are critical in preventing irreversible harm. Safe harbour protection under Section 79 of the IT Act will continue to apply only if intermediaries act with due diligence.

Legal experts say the change increases pressure on platforms and clarify liability for creators

Ankit Sahni, Partner, Ajay Sahni & Associates, said, “AI-generated impersonation can trigger overlapping civil and criminal consequences, including identity theft, cheating by personation, defamation, privacy violations and, in certain cases, offences relating to obscene or sexually explicit material. Courts are increasingly granting urgent interim injunctions because the viral nature of such content makes delay irreparable.”

 “Safe harbour under Section 79 of the IT Act is conditional, not absolute. If due diligence fails, intermediary protection can erode. At the same time, creators and users must understand that primary liability remains with the originator of unlawful content. The fact that material is AI-generated does not dilute responsibility.”

Ashima Obhan, Senior Partner, Obhan Mason, said, “For brands, creators and agencies, compliance must become embedded in workflow. Disclose AI use transparently, secure documented consent and maintain audit trails. In an environment of heightened scrutiny, legal preparedness is inseparable from reputational credibility,” Obhan said.

Agencies Say Internal Filters Already in Place

As the three-hour takedown rule approaches implementation, creator-led agencies say compliance pressure is rising but structured review systems are helping them manage risk.

Ayush Guha, Business Head at Creator18, said the amendment does not significantly alter his firm’s functioning. “Actually, for us, nothing changes, to be honest. We take all approvals and have three loops of checks on copyright infringement, so it does not really affect us that much because we do not work in highly regulated branded categories,” he said.

Guha noted that the impact will be sharper in sensitive segments. “This essentially affects creators mostly in categories where they induce violence, when they are giving financial advice, when they are giving wellness advice, along with music copyright, video copyright and ICC broadcast copyright. Those are the areas that are a little more touchy,” he said.

He added that general entertainment and comedy content faces relatively lower regulatory overlap but still undergoes scrutiny. “We always make sure that any content that overlaps in these categories is vetted by legal and vetted by our internal creative team before it goes live. We rarely have occasions where a post, after going live, is taken down for different reasons,” Guha said.

According to him, agencies are strengthening compliance structures ahead of enforcement. “We have further bolstered our legal teams. We have put an SOP in place with our creative teams to make sure that content going live is as per protocol and adheres to all guidelines,” he said.

As February 20 draws closer, the creator economy faces tighter oversight, faster takedown timelines and clearer legal exposure in cases of deepfakes, impersonation and unauthorised commercial exploitation. Platforms will be required to respond within hours, and creators are being pushed to ensure compliance before content goes live.