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 collection, or a voice-over in five Indian languages in minutes. For marketing teams, that's a huge saving. But in February 2026, India changed the rules around how such content is handled online — and brands that publish AI visuals on social platforms need to understand what that means.
This article is general information, not legal advice.
What changed
On 10 February 2026, the Ministry of Electronics and Information Technology (MeitY) 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.
In broad terms, synthetically generated information refers to audio, visual or audio-visual content that is artificially or algorithmically created or altered in a way that makes it appear real or authentic — deepfakes, cloned voices, face swaps and realistic AI-generated scenes.
Key obligations fall mainly on platforms (intermediaries) such as social media apps:
- Synthetic content must carry a prominent label and provenance metadata.
- Platforms must ask users to declare whether uploaded content is synthetically generated.
- Larger platforms must use technical measures to detect and label such content.
- Takedown timelines for unlawful content became much shorter.
Reports indicate the government allowed platforms time to build labelling technology, so enforcement details may continue to evolve.
Why brands should care
Although the obligations are placed on platforms, brands are the ones uploading content. In practice that means:
- When you post AI-generated video or realistic imagery, platforms may prompt you to declare it — and false declarations can create problems.
- Your content may appear with an "AI-generated" label, which affects how audiences perceive it.
- Undisclosed realistic AI content can damage trust if audiences discover it later.
- Using AI to imitate a real person's face or voice without consent creates serious legal and reputational risk.
Text-only content, such as an AI-assisted caption or blog post, generally falls outside the "synthetically generated information" definition, which focuses on audio and visual material — but your advertising claims must still be truthful.
Where AI visuals are low-risk
- Clearly illustrated or stylised graphics that no one would mistake for a real photo
- Background removal, colour correction and resizing of real product photos
- Concept art, mood boards and internal drafts
- Animated explainers and motion graphics
Where to be careful
- Realistic people who don't exist presented as real customers or doctors
- Product results — AI "before/after" images for skincare, fitness or home renovation can mislead
- Real people — celebrities, politicians, employees or customers recreated without written consent
- Voice cloning of founders or brand ambassadors
- News-style content that could be mistaken for real events
A simple AI content policy for your team
- Declare honestly when platforms ask whether content is AI-generated.
- Never imitate real people without documented consent.
- Don't fake results or testimonials. ASCI's advertising code still requires claims to be substantiated.
- Keep source files and prompts so you can show how content was made.
- Review every AI asset for errors — extra fingers, wrong logos, misspelt Hindi text, culturally inappropriate details.
- Brief agencies and creators on your policy and make it part of contracts.
Frequently asked questions
Is it illegal to use AI images in ads in India?
No. The 2026 amendment focuses on labelling, provenance and removing unlawful synthetic content — not banning AI creative. Misleading or harmful use is the problem.
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. Stylised AI creative often performs fine; realistic AI presented as real can backfire if audiences feel misled.
Use AI creative responsibly
OM Enterprises produces social and ad creative that combines AI efficiency with human review, compliant disclosures and brand-safe guidelines. Talk to our creative team.