Using AI-Generated Images and Videos in Marketing: What India's IT Rules 2026 Mean for Brands
AI tools can now produce a polished product video, a model wearing your new festive collection or a voice-over in five Indian languages in a matter of minutes. For marketing teams working with tight budgets, that is a remarkable saving. But in February 2026, India changed the rules around how this kind of content is handled online, and any brand publishing AI-generated visuals on social platforms needs to understand what those changes mean in practice.
This article is general information, not legal advice. For decisions specific to your business, consult a qualified lawyer.
What changed in February 2026
On 10 February 2026, the Ministry of Electronics and Information Technology notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026. The amendment brings what it calls "synthetically generated information" into the IT Rules framework for the first time.
In broad terms, synthetically generated information means audio, visual or audio-visual content that has been artificially or algorithmically created or altered in a way that makes it look real or authentic. Deepfake videos, cloned voices, face swaps and realistic AI-generated scenes all fall within that idea. The obligations sit mainly with platforms, also called intermediaries, such as social media apps. They must ensure synthetic content carries a prominent label and provenance metadata, ask users to declare whether uploaded content is synthetically generated, and, in the case of larger platforms, use technical measures to detect and label it. The amendment also sharply shortened the time platforms have to remove unlawful content once it is flagged. Reports suggest the government gave platforms time to build labelling technology, so enforcement details may continue to evolve over the coming months.
Why this matters to brands, not just platforms
Although the legal duties fall on platforms, brands are the ones uploading the content, and that has practical consequences. When you post an AI-generated video or a realistic AI image, platforms may prompt you to declare it. A false declaration could create problems for your account and your reputation if it is discovered. Your post may also appear with a visible AI label, which changes how audiences perceive it, particularly if the content shows people or results.
There is also the question of trust. Indian consumers are increasingly aware of deepfakes and scams that misuse familiar faces. If customers later discover that a "real customer" in your ad was AI-generated, or that a before-and-after image was synthetic, the damage to credibility can outweigh whatever the content saved in production costs. Using AI to imitate a real person's face or voice without consent is riskier still, legally and reputationally.
It is worth noting that text-only content, such as a caption drafted with AI help or an AI-assisted blog post, generally sits outside the "synthetically generated information" definition, which focuses on audio and visual material. That does not make text a free-for-all. Advertising claims must still be truthful, and ASCI's code continues to apply.
Where AI visuals are low-risk
Many everyday uses of AI in marketing carry little risk. Clearly illustrated or stylised graphics that nobody would mistake for a real photograph are generally fine. Using AI to remove backgrounds, correct colours, resize or retouch genuine product photos is a standard production task. Concept art, mood boards and internal drafts never reach the public, and animated explainers or motion graphics are understood by viewers as designed content rather than reality.
Where to be careful
The risks rise sharply when AI content looks real and makes claims. Realistic people who do not exist, presented as genuine customers, doctors or experts, can mislead audiences. AI-generated before-and-after images for skincare, fitness, hair care or home renovation are especially sensitive because they suggest outcomes that may not be achievable. Recreating real people, whether celebrities, politicians, employees or customers, without documented consent invites serious trouble, as does cloning the voice of a founder or brand ambassador. Content styled to look like news footage can also be mistaken for real events and should be avoided.
A simple AI content policy for your team
The easiest way to stay safe is to write a short internal policy and make sure everyone, including agencies and freelancers, follows it. Start with honesty: declare content as AI-generated whenever a platform asks, and do not try to work around labels. Never imitate a real person's face or voice without written consent that clearly covers how the content will be used.
Do not fake results or testimonials. If you show a transformation, it should be real and representative, and claims should be backed by evidence as ASCI's guidelines require. Keep records of source files and prompts so you can show how content was made if questions arise later. Review every AI asset before it goes live, checking for distorted hands, wrong logos, misspelt Hindi or regional text and details that may be culturally inappropriate. Finally, brief your agencies and creators on these rules and make them part of contracts, so responsibility is clear.
Frequently asked questions
Is it illegal to use AI images in ads in India?
No. The 2026 amendment focuses on labelling, provenance and removal of unlawful synthetic content rather than banning AI creative. Problems arise when AI content misleads or harms people.
Do AI-written captions need a label?
The synthetic information definition centres on audio and visual content. Text should still be accurate and honest.
Will labelled AI content perform worse?
It depends on context. Clearly stylised AI creative often performs well, while realistic AI presented as real can backfire if audiences feel misled.
Use AI creative responsibly
OM Enterprises produces social media and advertising creative that combines AI efficiency with human review, honest disclosures and brand-safe guidelines. Talk to our creative team.