ABSTRACT
This paper examines the emergence of personality rights in India, in light of the increasing appearances of film stars, sportspersons, and other celebrities in various courtrooms of our country. The hassle owes its frequent occurrence to a growing need of protecting personas, as AI and Deepfakes have made it super easy to replicate one’s identity, especially of popular personalities. Unconsented uses of celebrities’ likeliness, voice and images are leading to a myriad of cases, along with misrepresentation and false promotions which have caused public turmoil. The article navigates through the very birth of the concept of personality rights in India, its development throughout decades and the current scenario, which the law does not sufficiently cater to. Suggestions have been made in this article, that can help redefine the ambit, pertaining to drastic advancements in technology. Lastly, the paper concludes by highlighting the primary need for a revaluation of personality rights which go hand in hand with the issues raised due to Artificial Intelligence.
Key Words: Personality Rights | Right to Privacy | Deepfake | AI | Intellectual Property | IT Act, 2000 | Copyright Act, 1957
Introduction
Personality rights refer to the rights of individuals to prevent the illegal and unauthorised use of their name, images, voice, catchphrases, likeness, and even gestures and mannerisms. These rights have been linked to the fundamental Right to Privacy and Dignity enshrined under Article 21 of the Indian Constitution. The emergence and rapid evolution of Artificial Intelligence (AI) and Deepfakes have created a pressing concern that elevates the need for judicial recognition. Especially in a country which does not have a separate legal framework that governs AI yet.