Deepfake Technology And Personality Rights: A Cyberlaw Analysis Of Identity, Consent, And Constitutional Protection
- IJLLR Journal
- 7 minutes ago
- 1 min read
Akanksha Singh, Amity University
Dr. Jyoti Yadav, Amity University
ABSTRACT
The advent of deepfake technology marks a paradigm shift in the digital manipulation of identity. Powered by generative artificial intelligence, deepfakes enable the creation of hyper-realistic synthetic audio, video, and images that replicate an individual’s face, voice, and mannerisms with alarming accuracy. While such technology holds transformative potential in cinema, education, accessibility, and digital creativity, its misuse has triggered a profound legal and ethical crisis—particularly in relation to personality rights, privacy, and human dignity.
This paper examines deepfakes from a cyberlaw perspective, focusing primarily on Indian constitutional jurisprudence while drawing comparative insights from global regulatory frameworks. It argues that deepfakes constitute a direct assault on the right to dignity under Article 21 of the Indian Constitution and expose critical gaps in existing statutory protections. Through an analysis of the Information Technology Act, the Bharatiya Nyaya Sanhita, the Digital Personal Data Protection Act, and evolving intermediary liability norms, the paper proposes a forward-looking regulatory framework centered on consent, provenance, and digital integrity. Ultimately, it calls for the recognition of a distinct “Right to Digital Integrity” to safeguard individuals against the unauthorized synthesis of their identity.
