Generative AI, a kind of artificial intelligence that enables the creation of highly realistic images, videos and voice recordings, making it increasingly difficult to distinguish authentic/original/real content from synthetic media. As deepfakes and AI-generated impersonations has become more prevalent, ‘Personality Rights’ emerge as a critical area of legal protection in India.

‘Personality Rights’ extend to a person’s name, image, voice, likeness and other distinctive attributes that are capable of identifying them. Personality Rights protect an individual’s identity from unauthorized commercial exploitation. Although India does not presently have a dedicated statute governing Personality Right, courts have recently recognized such rights under the umbrella of i) the constitutional right to privacy; ii) the law of passing off and iii) principles protecting individual dignity and reputation.

Sections 66C and 66D of the Information Technology Act, 2000 (“IT Act”) penalize identity theft and cheating by impersonation through computer resources. By criminalizing the unauthorized use of a person’s identifying features and online impersonation, these provisions offer statutory protection against violations of personality rights in the digital sphere. For example, in 2023, a deepfake video in which another person’s face was digitally replaced with that of Rashmika Mandanna, was circulated widely on social media. The video sparked widespread public outrage and renewed calls for stricter regulation of deepfake technology and its misuse involving celebrities and well-known personalities.

Sections 67 and 67A of the IT Act criminalize the publication and transmission of obscene and sexually explicit material in electronic form. Having been enacted long before the advent of generative AI, these provisions have gained renewed relevance with the rise of deepfake technology. The widespread dissemination of manipulated content featuring public figures, including Katrina Kaif, Kajol Devgan and Alia Bhatt, demonstrates how AI can be misused to exploit an individual’s likeness, causing serious harm to their privacy, dignity and reputation.

A significant development had arisen in the case of Anil Kapoor v. Simply Life India & Ors., wherein the Delhi High Court recognized the unauthorized use of an individual’s name, image, voice and likeness as a violation of his personality rights. The Court acknowledged that technological advancements, including artificial intelligence, significantly increase the possibility of identity misuse and thereby, granted protection against the unauthorized exploitation of the actor’s persona. The judgment reflects a growing judicial recognition that identity possesses both personal and commercial value deserving legal protection.

This decision builds upon the earlier judicial developments concerning celebrity personality rights. In the case of Amitabh Bachchan vs. Rajat Nagi and Ors., the Delhi High Court had granted protection against the unauthorized commercial use of the actor’s name, image and personality attributes. Similarly, the Bombay High Court addressed concerns arising from AI-generated content involving Akshay Kumar in the case of Akshay Hari Om Bhatia v. John Doe & Ors. which was filed to curb unauthorized commercial use of his image, voice, signature, and name via AI-generated deepfakes, fake movie trailers, voice cloning, and fabricated merchandise.

While Indian law does not yet provide a comprehensive statutory framework for personality rights, both the judiciary and the executive have begun taking significant strides towards their recognition and protection. Recent amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended in 2026, reflect the Government’s increasing focus on regulating AI-generated content. By emphasizing on transparency and accountability, the evolving framework seeks to address the risks posed by synthetic media and emerging AI technologies. Proposed requirements regarding clearly identifying AI-generated content and providing faster procedures for removing harmful or misleading content reflect an emerging regulatory approach aimed at ensuring users are being informed when the content is generated by artificial intelligence.

As generative AI technologies evolve, concerns surrounding the unauthorized use of a person’s identity and likeness are becoming more significant. The emerging judicial and regulatory developments in India reflect a progressive effort to recognize and safeguard personality rights, ensuring that legal protections keep pace with technological innovation.