Protection of Personality Rights
The Delhi High Court has taken a significant step in protecting the personality rights of celebrities such as Hrithik Roshan and Kumar Sanu by restraining unauthorized commercial use of their names, images, or voices. This issue has gained prominence due to the rise of generative AI, which lowers the cost and increases the speed of producing convincing impersonations.
Impact of Generative AI
Generative AI has increased the reputational and economic risks associated with identity misuse. Examples include:
- Indian CFOs authorizing large financial transfers based on spoofed communications.
- A British engineering company suffering a financial loss during a video call with AI-generated versions of its leadership.
- Indian stock exchanges issuing warnings after fabricated CEO videos promoted stock tips.
Judicial Response
Courts in India, the US, and Britain are applying privacy and intellectual property doctrines to AI-generated impersonations. Recent Indian rulings have expanded protectable attributes to include not just names and images, but also voices, gestures, and mannerisms.
Guidelines for Companies
Companies should consider identity management as a critical issue akin to trademark protection. Key measures include:
- Assessing Persona Surface Area (PSA) - the number of channels where leaders appear.
- Reducing Time-to-Truth (TTT) - the gap between fake impressions and verified rebuttals.
- Registering and verifying identity markers, and including protective clauses in contracts.
- Conducting regular monitoring and establishing prompt communication protocols.
Conclusion
In the age of deepfakes, identity management is essential not only for celebrities but also as a governance issue for companies. Proper measures can prevent false endorsements and protect economic and reputational interests.
