Reclaiming Identity In The Age Of Artificial Intelligence: Rethinking The Adequacy Of Personality Rights In India
Mrunalini Khemchand Sonkusare, LLB (Hons), OP Jindal Global Law School
Introduction
In an era characterized by the swift advancements in artificial intelligence, this paper delves into the suitability of current Indian law in safeguarding personality rights. Its main research issue is whether the current Indian legislation adequately protects the individual personality right from AI generated misuse of identity and if not then what legislative changes are needed in the current framework. According to a secondary research how can comparative models from UK, Germany, Italy and US affect the development of a more robust development in the Indian Framework?
The research approach of this paper is doctrinal in nature. This paper analyses the primary legal sources which is the constitutional provisions, the statutes and the case laws from India and four comparative jurisdictions UK, US, Italy and Germany, alongside the secondary academia, and the comparative analysis is used normatively to identity what elements are missing in the Indian framework which can be adapted from the foreign framework.
This paper has 4 research objectives, first being to map the existing doctrinal landscape of the personality rights in India and identify the gaps in structural and theoretical limitations, secondly to analyse the adequacy of the Indian civil and criminal law in addressing the AI generated identity harms for example- deepfakes, voice cloning etc. thirdly, to comparatively evaluate the models of personality rights protection in the US, UK, Italy and Germany with a view to identify and evaluate provisions that India can maybe adopt. Fourth, being to purpose the framework of a hybrid civilcriminal- regulatory statute for personality rights in India, rooted in the constitutional values of dignity and autonomy recognised in the case of Puttaswamy.
This paper is structured into four chapters , chapter 1 talks about the historical and theoretical foundations of personality rights, chapter 2 maps the current doctrinal landscape in india and identifies the structural limitations, chapter 3 explores the comparative models of personality rights protection, and finally chapter 4 analyses the adequacy of civil and criminal law against the AI generated identity harms, and purposes a hybrid legislative framework as a solution.
