The Personality Rights Paradox: Navigating India’s Legal Blind Spots in the Age of AI By Dr. Shweta Singh
Dr. Shweta Singh, Founder and CEO of Ennoble IP, India, brings a wealth of expertise in intellectual property rights to the forefront of this critical discussion. In her article, Dr. Singh explores the intricacies of personality rights in India, particularly in the context of emerging artificial intelligence technologies. This blog provides a summary of her analysis, highlighting gaps in India’s legal framework and the challenges posed by AI.
Defining Personality Rights
Personality rights safeguard an individual’s identity and public persona, particularly for celebrities. These rights are twofold:
Publicity Rights: The ability to control and profit from the commercial use of one's persona.
Privacy Rights: Protection from unauthorised exposure of one's personal life.
While Indian courts have acknowledged these rights under common law principles, the absence of a dedicated statute leaves gaps in their enforcement.
Legal Framework
India’s legal framework for personality rights is a patchwork of laws, including:
The Copyright Act (1957) for creative works.
The Trademark Act (1999) for unique personal identifiers.
The tort of passing off to prevent exploitation of a persona. Despite these provisions, inconsistencies in their application reveal vulnerabilities, particularly in addressing non-commercial and reputational harm.
Exploitation by AI
AI technologies can replicate celebrity likenesses with startling accuracy, creating content that blurs the line between authentic and artificial. These innovations often exploit personalities without consent, posing unprecedented challenges to legal frameworks focused on tangible works.
Enforcement and Accountability
The decentralised nature of AI-driven violations complicates enforcement, as infringers can remain anonymous while distributing infringing material across platforms. India’s current laws struggle to address the scale and complexity of such violations.
Remedy Disparities
Celebrities have access to multiple legal remedies, while ordinary individuals rely on privacy-focused laws, such as the Information Technology Act (2000). This disparity underscores the need for equitable legal protections for all individuals.
Lessons from Global Jurisdictions
India can draw inspiration from jurisdictions like the United States, Germany, and France, where robust legal provisions specifically address personality and publicity rights. Enacting a sui generis statute tailored to India’s unique socio-cultural and technological landscape could bridge existing gaps and anticipate future challenges.
Conclusion
As AI reshapes the digital landscape, India’s approach to personality rights must evolve to ensure comprehensive protection. The time has come for a forward-thinking legal framework that not only addresses current deficiencies but also anticipates future threats.
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