Open Access Research Article
DEEPFAKES, PERSONALITY RIGHTS AND PRIVACY IN INDIA: EXAMINING THE ADEQUACY OF THE EXISTING LEGAL FRAMEWORK
Abstract
ABSTRACT
The rapid development of generative
artificial intelligence has transformed the manner in which digital content is
created, manipulated and distributed. Among the most significant consequences
of this technological transformation is the emergence of deepfakes, which are
digitally generated or manipulated images, videos, audio recordings or other
forms of media capable of realistically depicting a person as saying or doing
something that the person never actually said or did. Although artificial
intelligence-generated content may have legitimate applications in
entertainment, education, accessibility, artistic expression and other fields,
its misuse creates significant legal concerns relating to privacy, dignity,
reputation, autonomy, identity and personality rights.
The problem is particularly
significant in India because personality rights are not comprehensively
codified in a single statute. Instead, protection is derived from
constitutional principles, common law, intellectual property law, information
technology legislation, criminal law and judicial decisions. The Supreme
Court's recognition of privacy as a fundamental right in Justice K.S.
Puttaswamy (Retd.) v. Union of India provides an important
constitutional foundation for protecting individuals against unauthorized use
and manipulation of personal identity. At the same time, Indian courts have
increasingly recognized personality and publicity rights, particularly where a
person's name, image, voice, likeness or other identifiable attributes are
commercially exploited without authorization.
Recent judicial developments
demonstrate the growing importance of this issue. In Anil Kapoor v.
Simply Life India, the Delhi High Court specifically addressed unauthorized
exploitation of an individual's name, image, likeness, voice and persona
through technological tools including artificial intelligence, machine
learning, deepfakes and face morphing. The Bombay High Court subsequently
addressed AI-based voice cloning in Arijit Singh v. Codible Ventures
LLP, recognizing that unauthorized AI tools capable of reproducing a
celebrity's voice can implicate personality and publicity rights. These
decisions demonstrate the ability of existing legal principles to respond to
emerging technological harms, but they also reveal limitations in the present
framework.
India has recently moved toward more
specific regulation of synthetically generated information. The Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
were amended on February 10, 2026 to introduce specific due-diligence
obligations concerning synthetically generated information. The amended
framework addresses certain unlawful synthetic content, including content that
falsely depicts or portrays a natural person or real-world event in a manner
likely to deceive, while also requiring prominent labelling and technical
provenance mechanisms for certain other synthetic content. This development
represents an important regulatory step, but questions remain concerning
enforcement, victim remedies, intermediary responsibility, privacy, freedom of
expression and the protection of personality rights.
This paper examines whether the
existing Indian legal framework adequately protects individuals against
deepfake-related violations of personality rights and privacy. It analyses the
constitutional foundation of privacy, the judicial development of personality
rights, the Information Technology Act, 2000, the Information Technology Rules,
the Bharatiya Nyaya Sanhita, 2023, intermediary liability and recent regulatory
developments. It further considers comparative approaches and identifies legal
and practical gaps in the Indian framework. The paper argues that although
existing constitutional, statutory and judicial mechanisms provide meaningful
protection, the rapidly evolving nature of generative AI requires a more
coherent framework that combines privacy protection, personality rights,
intermediary accountability, technological transparency and effective remedies
while preserving legitimate freedom of expression and technological innovation.
Published Paper
Author Details
Authors: PALAK GARG
Registration ID: 1013194 | Published Paper ID: IJLRA13194
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1165-1186
Article Information
DEEPFAKES, PERSONALITY RIGHTS AND PRIVACY IN INDIA: EXAMINING THE ADEQUACY OF THE EXISTING LEGAL FRAMEWORK
Authors: PALAK GARG
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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