Model Answer

Introduction

The rapid growth of Al-generated content and deepfake technologies has raised complex concerns about personality rights—the right of an individual to control the commercial and personal use of their name, image, voice, and likeness. Recent cases, such as Abhishek Bachchan & Aishwarya Rai Bachchan vs Google/YouTube, highlight the inadequacy of India's current legal safeguards in dealing with Al-driven impersonation and exploitation.

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What Are Personality Rights?

• In India, personality rights are derived from Article 21 (Right to Life & Privacy) and were affirmed in Justice K.S. Puttaswamy v. Union of India (2017). While India recognises personality rights through judicial precedents—such as
  1. Amitabh Bachchan v. Rajat Nagi (2022), and
  2. Anil Kapoor v. Simply Life India (2023) — there is no codified statute governing them.

Challenges Posed by Deepfakes & Al-Generated Content

1. Blurring of authenticity Deepfakes created through generative Al can mimic faces, voices, and mannerisms with high precision, making it difficult for individuals to control their digital identity.
2. Legal ambiguity India lacks a dedicated law defining personality rights. Courts rely on privacy, copyright, and tort principles, which were not designed for Al-era harms.
3. Platform immunity & limited accountability Digital platforms like YouTube often claim intermediary protection, leaving victims with lengthy legal battles and limited preventive mechanisms.
4. Data exploitation for Al training Al models may be trained on images and videos without consent. Individuals have no clarity or control over how their digital likeness is used.
5. Misuse potential Deepfakes can enable:
   • misinformation
   • political manipulation
   • extortion
   • reputational damage These harms escalate when celebrity identities are exploited.

What India Needs: Reform Measures

1. Codification of personality rights A specific Personality Rights Act should define identity attributes (name, voice, likeness, style), duration, inheritance, and remedies.
2. Mandatory Al watermarking Introduce enforceable watermarking for all Al-generated content to ensure traceability and curb impersonation.
3. Platform liability framework Amend IT Rules to:
   • require expedited takedown of deepfake content
   • impose financial penalties for non-compliance
   • mandate proactive detection systems
4. Consent-based data training Prohibit use of personal data—images, videos, voice—for Al model training without explicit consent.
5. International collaboration Align with UNESCO's Al Ethics framework (2021) and EU norms for cross-border consistency in Al governance.

Conclusion/Way Forward

Deepfakes represent a serious threat to individual dignity, autonomy, and digital identity in the Al age. While Indian courts have taken progressive steps, the absence of comprehensive legislation leaves significant gaps. A clear statutory framework, strong platform accountability, and technological safeguards like watermarking are crucial to protect personality rights and ensure ethical Al development.