Introduction

In recent times, we have seen many celebrities, public figures, and other famous personalities visit the court to assert their personality rights. We have also seen how AI can perfectly replicate a person’s voice, facial attributes, reactions, tone, etc. Shashi Tharoor, a prominent political figure known for his wide-ranging vocabulary, visited the Delhi HC to assert his personality rights. This came against the backdrop of certain malpractices involving AI to replicate Tharoor’s voice, face, vocabulary, and mannerisms to spread false information and make politically sensitive statements, including “Pakistan is faring much better diplomatically than India”.[1]

This creates an alarming situation for a famous personality, as they have millions of followers who follow them for their distinguished opinions and might believe it to be true or take it against them, ultimately harming their reputation. In such a situation, it is essential to ensure that personality rights are not misused through AI. It poses a legal challenge that needs an effective solution. In this article, we will delve into the concept of personality rights and explore how it intersects with AI.

What are personality rights?

Personality rights are the rights to protect, control, and profit from one’s image, name, likeness.[2] This right has two facets: One, the right to protect one’s image from being commercially exploited without permission (i.e., right to publicity); two, the right to privacy which entails one’s right to be left alone.[3] These are generally considered as tort-based rights. Since, this article is about personality rights, we will keep ourselves limited and explore its contours. Personality rights can be divided into five separate interests:

1. Performance: One’s prerogative to exclusively perform services through which the individual earns a living.
2. Adaptation: One’s prerogative to exclusively authorize others to create derivative works personifying the person’s performance either as done by the person or others.
3. Personality product: The exclusive exploitation of products based on a person’s name, likeness or image, e.g., posters, motion pictures, stills from motion pictures and even bubblegum cards.
4. Endorsement: The use of person’s name, likeness, image and reputation in connection with the advertising of goods or services.
5. Reputation: The protection of one’s reputation against misuse even though the use was otherwise authorized. This right embodies the appreciation that an artist’s past performance has a continuing effect on the artist’s future works.

Personality rights are something over which the person enjoys sole and exclusive control. No one can utilize, misappropriate or imitate any facet of a person’s personality, or exploit the same deceptively, or in any manner whatsoever, without the express consent/authorization of the person.

Impact of AI on Personality Rights

With the advent of AI and its continuous advancement, the personality rights are at a precarious state than ever before. While it is important for any country to grow its technology, however, at the same time it should ensure that right of any person is not affected by use of AI. AI clearly affects the person’s right to privacy and personality rights as it can easily replicate personality of a person. Famous celebrity Taylor Swift has also faced consequences of AI when someone promoted cookware set with her voice and facial expression luring customers to buy it. Even in India, cricket icon Sachin Tendulkar’s likeness was deepfake to promote betting apps.

Similarly, there are other instances where AI has been used to exploit the personality rights of famous celebrities to promote election campaign, giving favourable review to some product, giving political opinion, etc. These kinds of videos, photos, audios, etc. created using AI needs regulation. Celebrities can access courtroom in case of any such mishappening, person having limited means struggle where AI is used to exploit their personality rights, as they may not have sufficient information or resources to fight for their personality rights. Therefore, the government need to take serious steps to ensure that in this AI age personality rights of person is protected.

Laws governing Personality Rights and AI

To ensure personality rights, does every person need to visit court and get a relief of injunction against use of personality rights? The answer is no. The government is taking steps towards making law and rules for protection of personality rights. On such recent development is IT Amendment Rules, 2026 which amended IT Rules, 2021. The core objective is to ensure regulation of Synthetically Generated Information (SGI). It categorically covers the issue of deepfakes and ensures such content is taken down expeditiously from any social media platform i.e., within 3 hours (earlier 36 hours) if court or government ordered.

Second, it ensures that social media platform also provides user warning every three months and give warning to users for misuse of AI tools and take immediate action against any violations. Third, platform should provide clear labelling of synthetically generate content.

Broadly, Article 21 of the Constitution of India ensures that every person has the right to life and personal liberty. Article 21 is root of right of personality. Like any right, the right under article 21 is subject to procedure established by law which should be fair, reasonable and non-arbitrary (As held in Maneka Gandhi).

Challenges in age of AI

One of the biggest challenges is of identification of AI generated content. As technology is developing the content is becoming closer to the real one. Therefore, disclosing by the AI company itself is one of the best remedies to ensure that people does not get deceived when they saw such AI generated videos.

Secondly, lot of people in India still does not have basic technology knowledge. As per the study 39.5% of urban individuals demonstrated the capability to copy or move files or folders, whereas only 18.1% of rural individuals possessed this skill. Therefore, knowledge of AI becomes limited only to few numbers of people as it is very specific knowledge.

Thirdly, sometimes real video escapes credibility in age of AI. This pose difficult question to digital infrastructure as real one can be considered fake and fake ones can be considered as genuine. A number of frauds or manipulated content can be created with the use of AI or in garb of this AI environment.

Fourthly, Court and legal knowledge about AI and its potential is also limited. We cannot foresee what have never happened. AI has that potential to create a devastating situation where legal system cannot address its challenge if specialized body for regulation of AI is not created.

Ashok Kumar or John Doe orders

In every case of personality rights, it is against Ashok Kumar or John Doe. In India, it is Ashok Kumar, it means that a person registers a case against unknown person to restrain them from engaging in such activities which may violate their personality rights. Traditionally, in a lawsuit, the defendant is a known entity or individual. However, in cases of intellectual property infringement, especially online, it is often difficult to identify the perpetrators who may be operating under pseudonyms or anonymously.

Conclusion

The fear or anxiety have created the atmosphere where many famous personalities are moving to court to ensure the protection of their personality rights. AI has created such atmosphere where every celebrity wants that their personality is not misused through AI. Kartik Aryan, Allu Arjun, Abhishek Bachchan, Amitabh Bachchan, Karan Johar, Anil Kapoor, Shashi Tharoor, etc. are among the famous names who have visited court for protection of their personality rights. The awareness among celebrity about the potential of AI is much more than general public, they get advised by top legal minds. We have seen government is also making laws to ensure that there is no violation of personality rights through misuse of AI.

The masses have to be aware and ready to tackle or debunk such videos or deepfakes. Government should conduct awareness program against such agendas. As it might pose a national issue, if masses started taking action in garb of fake videos. Non-state actors may take advantage of lack of awareness. The possibility of misuse is beyond imaginable, so, government should make a specific department hiring experts on this subject.

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This article is authored by Jeet Sinha.

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[1] Shashi Tharoor v. Ashok Kumar & Ors., CS (OS) 414/2026 at Delhi HC.

[2] Estate of Presley v. Russen, 513 F Supp 1339, 1353 (DNJ 1981) (U.S.)

[3] Samarth Krishna Luthra et al., Publicity rights and the Right to Privacy in India, NLSIR 31 1 (2019).