The Constitutionalization Of Persona In India: Personality Rights, Publicity And Digital Identity In The Age Of Artificial Intelligence
- IJLLR Journal
- 1 hour ago
- 1 min read
Amar Dattatraya Raut, Assistant Professor, Department of Law, Savitribai Phule Pune University, Pune, Maharashtra, India
ABSTRACT
The rapid expansion of artificial intelligence, deepfake technologies, voice cloning, and synthetic media has transformed individual identity into a valuable commercial and digital asset, raising complex legal questions regarding the protection of personality rights. This article examines the evolution of personality rights within the Indian legal framework, tracing their constitutional foundations under Article 21 and their development through judicial interpretation. The study analyzes the relationship between privacy, dignity, autonomy, and publicity rights while exploring the fragmented statutory framework comprising constitutional protections, copyright law, trademark law, and common law remedies. Through an examination of landmark decisions including Justice K.S. Puttaswamy v. Union of India, D.M. Entertainment v. Baby Gift House, Titan Industries v. Ramkumar Jewellers, Anil Kapoor v. Simply Life India, and Arijit Singh v. Codible Ventures LLP, the article evaluates the judiciary’s response to emerging digital threats. The paper further undertakes a comparative analysis of the legal regimes governing personality rights in the United States, the United Kingdom, and Germany. It argues that the increasing commercialization and technological manipulation of identity necessitate a comprehensive statutory framework capable of balancing individual dignity, commercial interests, and freedom of expression. The study concludes by proposing legal reforms to create a coherent and future-oriented personality rights regime in India capable of addressing the challenges posed by artificial intelligence and the digital economy.
Keywords: Personality Rights, Right of Publicity, Privacy, Article 21, Artificial Intelligence, Deepfakes, Digital Identity, Constitutional Law.
