ABSTRACT
Once a futuristic concept, virtual influencers – computer-generated personas with no physical existence, have become a significant force in fashion marketing. Built on AI, machine learning, and Computer- Generated Imagery, digital personalities like Lil Miquela, who has partnered with Prada and Calvin Klein[1], now shape consumer behaviour and advertising strategy, despite lacking any legal personhood of their own. Herein, a legal question becomes unavoidable to discuss- Wherein a virtual influencer deceives consumers, who is legally responsible- the brand, developer, platform, or all three? And what laws protect consumers from being blindly swayed away by these influencers?
EMERGENCE OF VIRTUAL FASHION INFLUENCERS
Influencer marketing, accelerated by the growth of social media during the COVID-19 pandemic, has evolved from traditional celebrity endorsements to endorsements by computer-generated digital personalities designed to interact with audiences and promote brands on social media. As fashion and beauty industries still remain the constant benefactors of this format, because both industries operate on idealised aesthetics, a virtual influencer removes major obstacles that a brand cannot fully control in a human partnership.
RESEARCH PROBLEM
The legal framework currently governing areas of consumer protection, endorsements and advertisements has an inherent legal void, that they were built for a world in which an endorser or advertiser could only be a real person capable of being held legally accountable. Unlike humans, virtual influencers cannot be sued, held in contempt, or held accountable for false claims, as they lack intent, reputation, and legal personhood. So, the fundamental question is whether existing advertisement and consumer protection laws in India are adequate to regulate AI-generated fashion influencers[2], or whether a specialised regulatory framework is required to allocate liability among brands, developers, and platforms?
[1]How AI Influencers Are Changing Digital Marketing: Trends, Risks & Future Outlook, THE AI JOURNAL, https://aijourn.com/how-ai-influencers-are-changing-digital-marketing-trends-risks-future-outlook/
[2] Sarah Marsh, Brands Using AI-Generated Influencers to Promote Products on Social Media, THE GUARDIAN (June 21, 2026), https://www.theguardian.com/technology/2026/jun/21/brands-using-ai-generated-influencers-to-promote-products-on-social-media