ASCI Drafts Guidelines for Labelling AI-Generated Ads

The Advertising Standards Council of India (ASCI) has published its Draft Guidelines for Responsible Labelling of AI-Generated Content in Advertising on 8 May 2026, aligned with the amended IT Rules. The draft is open for public consultation until 13 June 2026 and remains a proposal rather than a binding code.
- ASCI published draft AI-labelling guidelines for advertising on 8 May 2026
- Three-tier, risk-based model: high, medium and low risk
- High risk (banned): deepfakes without consent, fake endorsements, AI 'doctors'
- Remains a self-regulatory draft, not yet a binding code
ASCI's Three-Tier Risk Model for AI Content
The draft organises AI use in advertising into three tiers based on risk. At the top, certain content is prohibited outright regardless of disclosure: fabricated endorsements or testimonials, AI-generated doctors or authority figures implying medical credibility, exaggerated product claims conveyed through AI visuals, fabricated locations presented as real, and deepfakes or likeness replication used without consent.
Medium-risk content is permitted but requires mandatory disclosure. This category covers synthetic influencers or brand ambassadors, AI-generated product demonstrations, AI-recreated environments or sound, and AI-driven sponsored recommendations. At the lowest tier, routine colour correction, blemish removal, minor lighting adjustments, decorative AI backgrounds or music, and AI-assisted copywriting are exempt from labelling requirements altogether, reflecting an attempt to separate everyday post-production from content capable of misleading consumers.
Institutional Gaps Outside the ASCI Draft
Several unresolved questions sit outside the scope of the labelling framework itself. The guidelines are self-regulatory, meaning compliance depends on industry adoption rather than statutory enforcement. Ownership is also unsettled: AI-generated creative may fall outside Indian copyright protection because AI is not recognised as an author under current law, leaving brands and agencies without clear rights over such assets.
A further gap concerns data protection. The Digital Personal Data Protection Act's privacy layer is not fully integrated with the advertising guidelines, raising questions about how personal data used to train or generate AI content in ads will be governed alongside disclosure requirements. With the consultation window running until 13 June 2026, these structural issues are likely to feature in industry feedback before any final version is adopted.
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