In short
- ASCI defines a virtual influencer as a fictional computer-generated person or avatar with realistic human characteristics, and requires an upfront, prominent statement that it is not a real human.
- The ad label still applies, and ASCI's 2026 AI guideline adds a label for synthetic influencers, so one post can carry three disclosures.
- A virtual persona cannot use a product, so experience claims and testimonials are the main legal risk. Keep scripts to brand statements and storytelling.
- Own or licence the character, record who writes and voices it, and treat any real person's voice or likeness behind it as a separate consent.
ASCI defines a virtual influencer as a fictional, computer-generated person or avatar with the realistic characteristics, features and personality of a human, who behaves like an influencer. Its influencer guidelines add one rule specific to them: a virtual influencer must disclose, upfront and prominently, that the viewer is not interacting with a real human. The normal advertising label applies as well.
This post covers the rules for virtual influencers in India, the models brands use, what they cost to run, and how to vet one. It builds on the virtual-influencer section of our ASCI influencer guidelines guide, and on our post about AI-generated content rules for influencers. For the wider channel, see our complete guide to influencer marketing in India.
What counts as a virtual influencer
ASCI's definition turns on realism and behaviour. A character is a virtual influencer if an average viewer could mistake it for a person who behaves like an influencer: it has human-like features and personality, and it posts, replies and recommends. The software used to make it is irrelevant. Our reading of where the line falls:
| Type | Description | Virtual influencer under ASCI? | Disclosure to plan |
|---|---|---|---|
| Realistic CGI persona | Own handle, human features, posts like a creator | Yes | "Not a real person", ad label, AI label |
| Stylised avatar with a personality | Anime or cartoon look, but a name, a voice and a posting routine | Likely, since ASCI's test is realistic characteristics and behaviour; check with compliance | Same as above, to be safe |
| Brand mascot in ads | No persona, no handle, no claim to be a person | Probably not | Ad label as usual |
| AI avatar presenter in a creator-style ad | Synthetic person delivering a script | Yes in effect, since ASCI names synthetic influencers and ambassadors | AI label, and a statement that it is not a real person |
| AI clone of a real creator | The real person's face or voice, generated | Not a virtual influencer, but replicated likeness | AI label, written consent, likeness licence |
The rules that apply
| Rule | What it asks | Date |
|---|---|---|
| ASCI influencer guidelines | A virtual influencer must additionally disclose it is not a real human, upfront and prominently, and still use a label for any material connection | Guidelines in force; Addendum II dated 6 Mar 2025 |
| ASCI guideline on synthetic content | Label synthetically generated influencers and ambassadors. Fabricated endorsements and testimonials, deepfakes and likeness without consent are prohibited even with a label | Signed 17 Sep 2026; effective three months after publication, about mid-December 2026 by our count |
| Consumer Affairs, Endorsement Know-hows! | Released for celebrities, influencers and virtual influencers: disclose material connections and do not endorse what you have not personally used or checked | 20 Jan 2023 |
| Consumer Affairs, health and wellness guidelines | Celebrities, influencers and virtual influencers presenting as health experts must give a not-a-substitute-for-medical-advice disclaimer | 10 Aug 2023 |
| ASCI Addendum II | Technical health or financial advice needs stated qualifications | 6 Mar 2025 |
| IT Rules amendment, G.S.R. 120(E) | Platform duties on synthetic content: labels, and user declarations at upload on significant platforms | In force 20 Feb 2026 |
We read the ASCI guidelines on ASCI's own site. We could not open the Know-hows booklet, so we rely on PIB's release about it. The AI-label start date is our arithmetic, so confirm it on ASCI's site.
How the disclosures stack
A paid post by a synthetic influencer can need three separate disclosures:
- The ad label. If a brand's product is featured, we label it Ad or Sponsored, in the first line and on screen for the time ASCI sets for the format. If a third-party studio owns the character and the brand pays it, that is plainly a material connection. If the brand owns the character, the post is still the brand's advertising, and we label it.
- "Not a real human." ASCI requires this upfront and prominently. It does not set a minimum on-screen time for this statement, so we apply the same timing as the ad label and say it in the first line of the caption as well. A line in the bio alone is not enough.
- The AI label. ASCI's synthetic content guideline names synthetically generated influencers and ambassadors as needing a label, from about mid-December 2026.
A line that combines them might read: "I'm a virtual character, not a real person. Ad: paid partnership with [Brand]." Plan the layout so they do not crowd each other, and see our post on influencer disclosure labels for placement by format.
The claims problem
The hardest issue is not disclosure. It is what the character says. The Know-hows tells endorsers not to endorse a product or service they have not personally used or experienced, or on which they have not done due diligence. ASCI's guideline lists fabricated endorsements and testimonials, meaning AI used to attribute an endorsement in a way that falsely represents someone as having used or recommended a product, as prohibited even with a label. A virtual persona cannot taste, wear or use anything.
| Script line | Problem | Safer line |
|---|---|---|
| "I've used this serum every night for a month." | An experience nobody had | "This serum is built around niacinamide. Here is the brand's test report." |
| "Best phone camera I've ever used." | An opinion from no user | "Here is what the camera does, and what it costs." |
| "I switched from my old brand and my skin changed." | A fabricated before and after | Tell a story about the brand, not about a body |
| "Trust me, I tested ten brands." | A test that did not happen | Cut it |
The safe route is brand storytelling and product demonstration, with claims backed by evidence as for any ad. Our post on Consumer Affairs endorsement guidelines sets out how to build that evidence file.
Where a virtual influencer should not be used
- Technical health or finance advice. ASCI's Addendum II expects qualifications and, for stocks, a SEBI registration number. An avatar has neither. That is our reading of how the rule applies. See health influencer rules and finfluencer rules under SEBI.
- Anything that depends on personal experience. Skincare results, fitness transformations and food reviews all turn on a body that the character does not have.
- Children's campaigns without legal review. The CCPA's 2022 guidelines, as PIB described them, set rules on ads aimed at children, and the DPDP Act restricts tracking and targeted advertising directed at children. See our post on data protection for creator campaigns.
How brands use virtual influencers
| Model | Best for | Main risk | Control |
|---|---|---|---|
| Owned character for always-on social | Brands with a long content calendar and a clear voice | Cost of a studio and a content team; audience may not care | Full |
| Licensed persona from a studio or agency | Reaching an audience that already follows the character | You do not own the IP; check follower quality | Partial |
| One-off character collaboration | Launches in gaming, fashion or tech, where fiction is expected | A gimmick if the product story is thin | High for the campaign |
| Character plus real creators | Giving a persona credibility through real people's reactions | Each real creator still needs a label and brief | High |
| Digital twin of a real creator | Regional-language versions at scale | Consent, likeness licence and AI label | Depends on the contract |
We have no sourced Indian performance data on how audiences respond to virtual influencers, and we will not invent any. Treat them as a creative and brand-building tool, test them against a real-creator control in a small pilot, and judge by your own metrics. Our gaming and esports and fashion and apparel pages cover categories where a fictional character fits more naturally.
What it costs
We found no published Indian rate card for virtual influencers, and the follower-based creator rates on our rates guide do not apply. Costs follow production. Ask for a breakdown that covers modelling and rigging, animation, voice, scripts, content cadence, community management, platform fees and any ad spend. Decide whether you are buying a monthly retainer or per-asset pricing, and who owns what at the end.
A vetting checklist
- Who owns the character's IP? Studio, agency, brand or founder. Get it in writing.
- Who writes it, and who voices it? If a real person's voice or likeness sits behind it, that person's consent and licence matter. See usage rights for influencer content.
- How does it label existing posts? Read 90 days of posts. A persona that has never said it is virtual is a red flag.
- Is the audience real? Check followers and engagement as for any account, using our guide to spotting fake followers.
- What AI tools are used? Ask for a declaration, since ASCI's guideline applies to AI content in ads.
- Does it talk to users? If the character replies to messages and collects details, data protection applies.
- What happens if the studio changes hands? Add a clause for a change of owner or a retired persona.
Contract clauses
Add to your standard influencer contract:
Character. The Studio owns the Character and grants the Brand a licence limited to the media, period and territory stated. The Studio confirms that no real person's voice or likeness is replicated in the Character without that person's written consent.
Disclosure. Each post shall state upfront and prominently that the Character is not a real human, and shall carry the advertising label specified in the brief. The Studio shall apply any AI label the guidelines require.
Claims. The Character shall make no statement that it has used, tried or tested any product.
These are illustrative drafting. Have a lawyer adapt them.
When a real creator is the better choice
If your goal is trust built on lived experience, such as reviews, results or routines, a real creator is the better fit. A virtual influencer suits brand worlds where fiction is understood. To compare, see our service on creator ambassador programmes, then send us a brief or read how we work.
This is general information, not legal advice.
Sources
- The ASCI Code and guidelines page: Guidelines for influencer advertising in digital media (definition of virtual influencer; Addendum II, 6 Mar 2025) and Guidelines for Responsible Labelling of Synthetically Generated Content in Advertising (signed 17 Sep 2026), ASCI (undated page, accessed 31 Oct 2026)
- Centre releases endorsement guidelines for celebs and social media influencers (Endorsement Know-hows!), PIB, Department of Consumer Affairs (20 Jan 2023)
- Centre releases additional guidelines for health and wellness celebrities, influencers and virtual influencers, PIB, Department of Consumer Affairs (10 Aug 2023)
- Centre issues Guidelines on Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (rules on advertisements aimed at children), PIB, Department of Consumer Affairs (10 Jun 2022)
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, updated as on 10.02.2026, MeitY (10 Feb 2026)
- Government committed to fostering AI innovation and growth of digital platforms in a responsible and secure manner (reply in Rajya Sabha, with information from MeitY), PIB, Ministry of Women and Child Development (25 Mar 2026)
Frequently asked questions
What is a virtual influencer under ASCI's rules?
ASCI defines virtual influencers as fictional computer-generated people or avatars who have the realistic characteristics, features and personalities of humans and behave in a similar manner to influencers. The test is realism and behaviour, not the software used. A stylised mascot with no persona may fall outside it, but ask your compliance team. See our ASCI guide.
Must a virtual influencer say it is not a real human?
Yes. ASCI says a virtual influencer must additionally disclose to consumers that they are not interacting with a real human being, and the disclosure must be upfront and prominent. This is on top of the label for any material connection with a brand, such as Ad or Sponsored.
Do the usual ad disclosure rules apply to virtual influencers?
Yes. The Department of Consumer Affairs released its Endorsement Know-hows! for celebrities, influencers and virtual influencers, and its August 2023 health guidelines also name virtual influencers. A post that features a brand's product should carry an ad label. Our post on disclosure labels shows where it goes.
Can a virtual influencer give a testimonial?
Not an honest one. The Know-hows says endorsers should not endorse what they have not personally used or experienced, and ASCI's 2026 guideline lists fabricated endorsements and testimonials as prohibited even with an AI label. A character that says it used your product for a month is making a claim nobody can substantiate.
Can a virtual influencer give health or finance advice?
We would not use one. ASCI's Addendum II expects influencers giving technical health or finance advice to hold qualifications and state them, and an avatar holds none. Consumer Affairs also requires disclaimers from anyone presenting as a health expert, virtual influencers included. See health influencer rules.
How much does a virtual influencer campaign cost in India?
We found no published Indian rate card for virtual influencers, so we will not quote a figure. Pricing follows production, not follower count: modelling, animation, voice, scripts, community management and content cadence. Ask for a line-by-line breakdown, and compare against creator rates on our rates guide.