PERSONALITY RIGHTS: AN EMERGING INTELLECTUAL PROPERTY RIGHT OR A SHIELD AGAINST DEEPFAKES?
Manik Tindwani, Advocate, Rajasthan High Court (India)
Vidhi Jangid, Student, University Five Year Law College, University of Rajasthan, Jaipur (India)
Navya Paniyar, Student, University Five Year Law College, University of Rajasthan, Jaipur (India)
Personality rights now sit at a very fragile intersection of privacy, dignity, and commercial value in digital India. Rapid growth of generative AI and deepfake tools makes identity itself a manipulable asset which travels across borders in seconds. Celebrities, influencers, and ordinary users all face the risk that their face, voice, or mannerisms may be cloned for endorsement, humour, or even fraud without consent. Indian constitutional jurisprudence has recognised privacy and autonomy, yet statutory protection for personality remains fragmented across intellectual property and tort law. Recent Delhi High Court actions by film stars and digital creators show how personality rights are being tested against AI tools, deepfake filters, and viral content practices. This research examines whether personality rights in India are actually evolving into a distinct intellectual property right, or whether they still function mainly as a dignitary shield. It analyses how copyright, trademark, and passing off doctrines are stretched to respond to AI generated misappropriation of persona. It further evaluates whether such incremental judicial innovations are sufficient to deal with deepfakes, synthetic media, and cross border online harms. Comparative insights from EU and US frameworks highlight alternative approaches to publicity and image rights and raise important questions for Indian reform. The paper argues that Indian law must carefully frame personality rights to protect individuals against AI driven exploitation without chilling creativity, satire, and technological progress.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 1688–1707. |
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| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |