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Introduction

The surge of Generative AI and deepfakes is reshaping identity threats in India by manipulating faces, voices, and likenesses without consent. This blurring of authenticity undermines reputation, privacy, and dignity, triggering judicial concerns and questioning whether current legal safeguards can protect personality rights in the digital era.

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Significant threat to Personality Rights in India

• AI-Driven Identity Manipulation: Generative AI creates fake likenesses (faces/voices), blurring authenticity and enabling reputational harm.
  Eg: Deepfake videos of Abhishek Bachchan and Aishwarya Rai Bachchan in explicit contexts leading to a Delhi HC lawsuit.
• Commercial Exploitation of Personal Identity: AI commodifies a person’s name, style, voice without consent for profit-driven use, undermining economic autonomy.
  Eg: Anil Kapoor v. Simply Life India (2023) banned AI reproduction of his face and “Jhakaas” due to brand dilution.
• Erosion of Digital Privacy & Dignity: Deepfakes amplify privacy intrusions, spreading misinformation and emotional harm.
  Eg: Courts recognise personality rights under Article 21 post Justice K.S. Puttaswamy (2017) privacy ruling.
• Cross-Border Enforcement Challenges: AI platforms operate globally and anonymity and foreign servers weaken Indian enforcement powers.
  Eg: Platform responsibility under IT Act, 2000 remains limited due to cross-border data distribution highlighted in the article.
• Non-Heritable and Vulnerable Identity Rights: Current jurisprudence lacks clarity on post-mortem rights and protection against AI use of deceased personalities.
  Eg: Ethical concerns noted on AI recreations of dead artists without consent 

Need for Dedicated Legislation to Safeguard Identity & Dignity

• Codification of Personality Rights: India relies on a fragmented hybrid model (privacy + property), leaving major gaps in enforcement.
  Eg: Despite Amitabh Bachchan v. Rajat Nagi (2022) recognising personality rights, no governing statute exists.
• Statutory Definition of AI Deepfakes & Liability: Clear obligations for platforms are essential to prevent misuse and enforce timely takedowns.
  Eg: 2024 Intermediary Guidelines address impersonation but remain reactive with weak accountability.
• Mandatory AI Watermarking and Consent Regime: Transparency in AI-generated content will prevent deception and protect user dignity.
  Eg: Watermarking as a crucial safeguard against misleading deepfakes.
• High-Risk Categorisation and Stronger Penalties: Deepfakes used for harassment, extortion or misinformation must be classified as high-risk digital offences.
  Eg: EU AI Act labels deepfakes as high-risk, India must adopt similar preventive classification.
• Global Harmonisation and Data-Governance Frameworks: Since AI is transnational, coordinated standards are vital to uphold identity dignity worldwide.
  Eg: UNESCO’s AI Ethics principles highlight rights-based protection and global cooperation.

Conclusion

India must enact a dedicated statute defining personality rights, mandating AI watermarking, consent-based usage, platform liability, and global cooperation. Proactive regulation aligned with constitutional dignity is essential to ensure innovation does not commodify human identity, and individual autonomy remains protected in an evolving AI landscape.

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