Contents
On 16 January 2025 the Election Commission of India advised all recognised political parties to prominently label any campaign image, video or audio generated or significantly altered by AI as "AI-Generated", "Digitally Enhanced" or "Synthetic Content", and to carry disclaimers in online campaign advertising. Ahead of the November 2025 Bihar Assembly election, an advisory of 24 October 2025, issued under the Commission's powers in Article 324 of the Constitution, made these labelling rules more specific. Labels must cover at least 10% of the visible display area or the first 10% of an audio clip, and the entity that generated the content must be named. Parties must also keep internal records of all AI-generated campaign material and take down unlawful content misrepresenting a person within three hours. The directions apply to all general elections and by-elections until further orders and were reiterated for the 2026 assembly elections.
Legal effect: These advisories are not a statute or delegated legislation. The October 2025 advisory is framed as directions under Article 324 of the Constitution, which the Supreme Court has read as a plenary power over the conduct of elections where Parliament's laws are silent, though not against them (Mohinder Singh Gill v. Chief Election Commissioner, 1978). Parties are expected to comply during elections; how far the labelling directions can be enforced, and with what consequence, has not been tested.
What it asks
- January 2025: parties, leaders, candidates and star campaigners must prominently label any image, video, audio or other material generated or significantly altered by AI with a notation such as "AI-Generated", "Digitally Enhanced" or "Synthetic Content".
- January 2025: online campaign advertisements and promotional content that use synthetic material must carry a disclaimer.
- October 2025: labels must be clear, prominent and legible and cover at least 10% of the visible display area (or the first 10% of an audio clip); for video the label must appear at the top of the screen.
- October 2025: each piece of content must disclose the name of the entity responsible for its generation in its metadata or caption.
- October 2025: no party may publish or forward unlawful content that misrepresents a person's identity, appearance or voice without consent in a way likely to mislead voters; such content on official handles must come down within three hours.
- October 2025: parties must keep internal records of all AI-generated campaign material, including creator details and timestamps, for verification by the ECI.
- The October 2025 advisory invokes the ECI's plenary power under Article 324 and states that it applies to all general and bye-elections until further orders.
- The ECI's 10% label standard matched the threshold MeitY had proposed two days earlier in its draft amendment to the IT Rules on synthetically generated information.
Background
The ECI first addressed AI-generated content in its guidelines of 6 May 2024 to recognised political parties, issued during the Lok Sabha election after the Delhi High Court directed it to decide a representation on deepfakes. Those guidelines prohibited deceptive synthetic content and required deepfake audio or video on party handles to be removed within three hours. They did not require parties to disclose campaign material that was AI-generated but not deceptive.5
The use of AI in campaigns grew over the following months. Ahead of the November 2024 Maharashtra Assembly election, the BJP posted an audio clip attributed to NCP (SP) MP Supriya Sule that fact-checkers found to be manipulated. Sule complained to the police and the ECI. In January 2025, during the Delhi Assembly campaign, Delhi Police registered an FIR against the Aam Aadmi Party over an AI-generated video on its official X handle that swapped the faces of Prime Minister Narendra Modi and Home Minister Amit Shah onto villains from a 1990s Bollywood film.7 The Commission issued its first labelling advisory on 16 January 2025, days after the FIR and three weeks before Delhi voted on 5 February 2025.16
The January 2025 labelling advisory
The advisory dated 16 January 2025 (No. 491/Social media-SOP/2025/Communication), titled Advisory for labelling synthetic/AI generated content used by Political Parties for election campaigning, went to the heads of all recognised national and state parties.1 It noted that advances in AI made it possible to create highly convincing synthetic images, video and audio, and that AI-generated content could influence voter opinion and trust. It described the May 2024 guidelines as the first step of its approach. Given the deepening influence of synthetic content on public opinion, it advised parties, their leaders, candidates and star campaigners to go further and adopt measures for prominent labelling.1
The advisory set out two measures:1
- Labelling AI or synthetically generated content. Any image, video, audio or other material generated or significantly altered by AI must be clearly labelled with a notation such as "AI-Generated", "Digitally Enhanced" or "Synthetic Content".
- Disclosure in campaign materials. Campaign advertisements and promotional content disseminated online or on other platforms must carry disclaimers wherever synthetic content is used.
The language was hortatory: parties were "urged to adhere" to the advisory. It gave no specifications for label size or placement, created no reporting or record-keeping duty, and named no sanction for non-compliance. It applied to labelling by the parties themselves, not to platforms or AI tool providers. MediaNama noted that the industry was moving in the same direction, with Meta applying "AI info" labels and OpenAI adding provenance metadata to images from its DALL-E 3 generator. Researchers had warned that sophisticated adversaries could break watermarking.6
Bihar 2025 and the October 2025 advisory
The Model Code of Conduct took effect on 6 October 2025 with the announcement of the Bihar Assembly election, held in two phases on 6 and 11 November, and by-elections to eight Assembly constituencies.8 On 9 October the Commission announced that the MCC applies to online and social media content. It warned parties against misusing AI tools to create deepfakes and said parties, leaders, candidates and star campaigners "shall take necessary measures" to label synthetic content prominently, including in advertisements. It added that social media was being closely watched.3
On 24 October 2025 the ECI issued a more detailed advisory, No. 4/Misc/2025/SDR/Vol.XX, signed by Principal Secretary S. B. Joshi. It is titled Advisory on responsible use and disclosure of synthetically generated information and AI-generated content during elections.2 It said hyper-realistic synthetic content, including content "depicting political leaders making electorally sensitive messages", was contaminating the level playing field. It described synthetic information as a deep threat because of its ability to masquerade as the truth. Invoking its plenary power under Article 324 of the Constitution, the Commission reminded parties to comply with the IT Rules, 2021 and its earlier guidelines. In continuation of the communications of 6 May 2024 and 16 January 2025, both enclosed, it issued the following directions to parties, candidates and campaign representatives:2
- Label format. Any synthetically generated or AI-altered image, audio or video used for campaigning must carry a clear, prominent and legible label such as "AI-Generated", "Digitally Enhanced" or "Synthetic Content". The label must cover at least 10% of the visible display area, or the first 10% of the duration for audio. For video, it must appear at the top of the screen.
- Creator disclosure. The content must prominently disclose the name of the entity responsible for generating it, in the metadata or an accompanying caption.
- Misrepresentation ban. No content may be published or forwarded that is unlawful and misrepresents the identity, appearance or voice of any person without consent in a manner reasonably likely to mislead or deceive voters.
- Three-hour takedown. Any synthetic or AI-altered content, misinformation or manipulated content covered by the misrepresentation ban that is detected on official party handles must be taken down within three hours of being noticed or reported.
- Record-keeping. Parties must keep internal records of all AI-generated campaign material, including creator details and timestamps, for verification when the ECI asks for them.
The advisory took effect immediately and applies during all general elections and by-elections until further orders. Chief Electoral Officers of all States and Union Territories were directed to pass it on to parties and field officials.2
How the instruments compare
| Element | 6 May 2024 guidelines | 16 Jan 2025 advisory | 24 Oct 2025 advisory |
|---|---|---|---|
| Main aim | Stop deceptive deepfakes | Disclose AI use | Disclose AI use and enforce it |
| Label wording | None | "AI-Generated" / "Digitally Enhanced" / "Synthetic Content" | Same, made mandatory in form |
| Label size and placement | None | Not specified | At least 10% of display area or first 10% of audio; top of screen for video |
| Creator disclosure | None | Disclaimers in campaign ads | Name of generating entity in metadata or caption |
| Takedown | 3 hours for deepfakes on party handles | None | 3 hours for misrepresenting content on official handles |
| Records | None | None | Internal records with creator details and timestamps |
| Stated legal basis | MCC; IT Act, RP Act and IPC provisions | MCC | Article 324; IT Rules, 2021 |
Sources: ECI letters of 6 May 2024, 16 January 2025 and 24 October 2025.512
The October 2025 standard came two days after MeitY published its draft amendment to the IT Rules on synthetically generated information (22 October 2025). That draft proposed labels covering at least 10% of the visual area or the first 10% of an audio clip.10 MeitY notified the final amendment on 10 February 2026, in force from 20 February 2026. It requires platforms to label permitted synthetic content and attach provenance metadata, and cuts the deadline for acting on government or court takedown intimations under Rule 3(1)(d) from 36 hours to three hours.11 The ECI's rules bind campaigners, while MeitY's rules bind platforms. Together they place labelling duties at both points.
Response and criticism
Commentators welcomed the labelling rules as a transparency measure but questioned whether they could work in practice. In its report on the October 2025 advisory, MediaNama said the directions might be difficult to implement. Parties could find workarounds because the rules apply only during elections. The rules also reach only official party accounts, not unofficial or "dummy" accounts run by party social media teams, which could flout them without consequence.9 Earlier discussions cited by MediaNama questioned whether watermarks and labels survive determined adversaries, and suggested fingerprinting content at its source as an alternative.6
The advisories rely on the MCC, which has no statutory backing, and on the ECI's general power under Article 324. Neither sets out a graded penalty for failing to label. The Commission's enforcement statements refer to "strict" action and to monitoring by state IT nodal officers, but the sources reviewed for this entry report no ECI decision penalising a party specifically for an unlabelled AI post.34 Litigants have increasingly turned to the courts instead. In October 2026 a Chandigarh civil court ordered Meta to suspend three Facebook pages carrying AI-generated videos of a Punjab Congress politician ahead of the 2027 Punjab election. It was the third order from courts in the Chandigarh tricity within a year directing Meta to act against AI-manipulated political content. MediaNama attributed the trend to the IT Rules' design, under which a platform's duty to remove such content typically starts only with a court order or an authorised officer's intimation.12
Implementation in 2026
The ECI applied the framework to the 2026 Assembly elections in Assam, Kerala, Tamil Nadu, Puducherry and West Bengal, announced on 15 March 2026. On 19 April 2026 it reiterated three points. Parties, candidates and campaign representatives must label synthetic or AI-altered campaign content and disclose the originating entity. Misleading or unlawful AI-generated or manipulated content must be acted on within three hours of being brought to platforms' notice. State IT nodal officers notified under the IT Act were monitoring content that violated the MCC or spread false narratives about the polling process.4 The Commission reported that since 15 March 2026 more than 11,000 posts or URLs had been acted on through removals, FIRs, clarifications or rebuttals, and that its C-Vigil app had received 3,23,099 complaints, 96.01% of them resolved within 100 minutes. These figures cover all MCC complaints, not only AI-related ones.4
Current status
As of 14 October 2026, the 24 October 2025 advisory remains in effect for all general and bye-elections until further orders, read together with the January 2025 advisory and the May 2024 guidelines.2 Since February 2026, platforms have also had their own labelling and three-hour takedown duties under MeitY's amendment to the IT Rules.11 No court has ruled on the ECI's power to impose content-labelling obligations through advisories. Upcoming tests include the early-2027 Punjab Assembly election, where courts are already dealing with disputes over AI-generated political videos.12
Timeline
- May 6, 2024
Deepfake guidelines
The ECI directs parties to avoid deepfakes and remove them within three hours during the Lok Sabha election.
- Jan 16, 2025
First labelling advisory
Advisory No. 491/Social media-SOP/2025/Communication asks parties to label AI-generated content and add disclaimers to campaign ads.
- Feb 5, 2025
Delhi Assembly poll
First election held after the labelling advisory, following an FIR over an AAP AI video of Modi and Shah.
- Oct 6, 2025
Bihar MCC in force
Bihar Assembly election and eight by-elections announced; the Model Code of Conduct applies, including to online content.
- Oct 9, 2025
ECI warns against AI deepfakes
The ECI cautions parties against AI deepfakes and requires prominent labelling of synthetic campaign content.
- Oct 22, 2025
MeitY draft rules
MeitY publishes draft IT Rules amendments proposing a 10% minimum label for synthetic content.
- Oct 24, 2025
Expanded advisory
Advisory No. 4/Misc/2025/SDR/Vol.XX adds 10% labels, creator disclosure, three-hour takedown and record-keeping under Article 324.
- Nov 14, 2025
Bihar results
Counting for the Bihar Assembly election and by-elections concludes the first polls held under the October 2025 rules.
- Feb 10, 2026
MeitY notifies synthetic-content rules
IT Rules amended to regulate synthetically generated information; in force 20 February 2026.
- Mar 15, 2026
2026 Assembly polls announced
Elections in Assam, Kerala, Tamil Nadu, Puducherry and West Bengal announced.
- Apr 19, 2026
Requirements reiterated
The ECI reiterates labelling, creator-disclosure and three-hour action requirements and reports action on over 11,000 posts or URLs.
- Oct 6, 2026
Court action over AI political videos in Punjab
A Chandigarh civil court orders three Facebook pages suspended over AI-generated videos of a Congress politician ahead of the 2027 Punjab polls.
Sources
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- [12]
Pacta AI Observatory, “Election Commission of India: Advisories on Labelling and Disclosure of AI-Generated Campaign Content (16 January 2025 and 24 October 2025),” last updated October 15, 2026, https://aiobservatory.pacta.in/wiki/eci-ai-content-labelling-advisories-2025.