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The Legal Implications Of Virtual Influencers And AI Personas On Social Media Platform: A Comparative Analysis Of Global Jurisdictions


Kiruthiga P, Christ (deemed to be) University


ABSTRACT


The digitization of the business promotions, advertisements, branding and endorsements has given a rise to a new species of influencers which is AI- generated personas and virtual influencers—who are responsible in reshaping the landscape of social media, marketing, and entertainment. Unlike human influencers, these virtual entities are entirely created by algorithms, yet they mimic human traits and often achieve significant social and commercial impact. However, their emergence poses novel legal challenges, particularly concerning personality rights. These challenges include questions of consent, ownership, and liability for the unauthorized use of human likeness and traits.


This paper aims to address these issues through a comparative legal analysis of three key jurisdictions: India, the United States, and the European Union. By examining the strengths and weaknesses of existing legal frameworks, the study seeks to provide actionable recommendations for creating a robust and harmonized regulatory environment.


Keywords: AI-driven virtual influencers, Global legal framework, Personality rights, Intellectual Property (IP) Laws, Digital identity protection.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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