When AI wears a celebrity’s face: Personality Rights, Commercial Exploitation and the Call for Statutory Reform in India

Abstract The Digital Era of Artificial Intelligence (AI), Deepfake Technologies, and Voice Cloning has made it easier to violate a celebrity's personality rights. Though the Indian judiciary recognizes these rights under Article 21 of the Indian Constitution, it has been providing supplementary remedies by combining various sections of the Information Technology Act 2005, Copyright Act 1957, Trademarks Act 1999, and DPDP Act 2023. These alone cannot tackle the unprecedented issue created by these technologies. Celebrities such as Anil Kapoor and Arijit Singh have approached the court for the issue of the use of AI & Deepfake technologies to replicate or mimic their personal traits— name, image, voice, and likeness—or any other form of artistic expression to create phony Ads, fraudulent brand endorsements, and social media content without their permission. Such acts cause emotional and reputational damage to these stars and commercially exploit them by infringing on their right to control their public image. The absence of codified statutory law on this issue leads to ambiguity and uncertainty. Judgements differ on a case-by-case basis that allows judges to narrow or expand the scope of personality rights. India needs a dedicated law on this, as seen in other international jurisdictions, such as Denmark, the USA, and the European Union. This paper argues that India needs a specific statutory framework defining Personality Rights, violations by AI, and providing appropriate remedies. Such specific legislation is called for when individuals become commercially significant through their public persona. People are becoming overnight celebrities on social media, and their public personas need protection from the rapidly evolving technological landscape. Keywords: Personality Rights, Artificial Intelligence, Deepfakes, Right to Publicity, Commercial Exploitation, Right to Privacy.