Open Access Research Article
THE DIGITAL AFTERLIFE: LEGAL PROTECTION OF THE DECEASED IN INDIA'S EVOLVING DIGITAL ERA
Abstract
Artificial
intelligence can now make the dead sing, speak and answer messages. This paper
asks who, if anyone, the Indian legal system authorises to say yes. It shows
that the law protects the dead in fragments: personality and privacy rights end
at death, the constitutional dignity of the dead attaches mainly to bodies,
defamation of the dead is narrow, and the data-protection nominee right is
optional and not yet in force. In practice, commerce fills the gap through
family consent, so the commercially valuable dead are protected by contracts
that the law does not clearly support, while the ordinary dead are protected by
almost nothing. The paper proposes a custodial, time-limited ‘digital dignity’
interest, supported by advance directives, default consent rules and clear
exceptions for expression and private mourning.
Keywords:
posthumous personality rights, digital revival, griefbots, dignity of the dead,
data protection, consent.
Published Paper
Author Details
Authors: GEETHA.H Registration ID: 1013539 | Published Paper ID: IJLRA13539Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 124-135
Article Information
THE DIGITAL AFTERLIFE: LEGAL PROTECTION OF THE DECEASED IN INDIA'S EVOLVING DIGITAL ERA
Authors: GEETHA.H
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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