Digital Ghosts: Legal Rights Over Social Media Profiles Of Deceased Persons
- IJLLR Journal
- Jul 5
- 2 min read
Isha Goel, Bhartiya Vidyapeeth, New Delhi
ABSTRACT
The rapid growth of digital technology has transformed the way individuals create and maintain their identities. Today, social media profiles, emails, cloud storage, digital photographs, and other online accounts form an important part of a person's life and continue to exist even after death. This has given rise to a new legal challenge concerning the ownership, control, and management of digital assets belonging to deceased persons. The present study examines the concept of digital ghosts and analyses the legal issues surrounding social media profiles after death.
The paper explores the legal nature of social media accounts, post-mortem privacy rights, inheritance claims of legal heirs, and the policies adopted by major digital platforms. It further examines comparative approaches adopted in the United States, the European Union, and the United Kingdom, while evaluating the existing position under Indian law. Special attention has been given to emerging concerns such as artificial intelligence, deepfake technology, and the digital recreation of deceased individuals.
The study finds that Indian law does not presently provide a clear framework for regulating digital inheritance or protecting digital identities after death. As a result, disputes relating to access, ownership, privacy, and control are often resolved through platform policies rather than legal principles. The paper argues that a person's digital identity should not become legally ownerless merely because the person has died. It proposes the recognition of a limited right to digital afterlife, enabling individuals to determine the future of their digital presence while safeguarding privacy, dignity, and the interests of family members.
The research concludes that India requires a comprehensive legal framework governing digital succession, post-mortem digital rights, and the management of digital assets in order to address the realities of an increasingly digital society.
Keywords: Digital Ghosts, Digital Legacy, Social Media Accounts, Digital Inheritance, Post-Mortem Privacy, Digital Afterlife, Digital Succession, Artificial Intelligence.
