Personality Rights and AI-Generated Content
Personality rights encompass the control over one's name, image, likeness, voice, and other personal identifiers. These rights, rooted in privacy, dignity, and economic autonomy, have traditionally protected individuals from unauthorized exploitation, originating from common law principles to curb commercial misuse.
Case Study: Bachchans vs. Google and YouTube
Actors Abhishek Bachchan and Aishwarya Rai Bachchan sued Google and YouTube, alleging AI-generated videos that depict them falsely and harm their reputation. This lawsuit emphasizes the blurred lines between reality and deception due to AI, challenging existing legal and ethical frameworks for personality rights.
Impact of AI
- Deepfakes: AI-generated content that can manipulate faces or voices, spreading misinformation, enabling extortion, and eroding trust.
Global Approaches to Personality Rights
Different regions approach personality rights uniquely:
- Europe: Dignity-based model under the General Data Protection Regulation (2016), requiring consent for personal data processing.
- United States: Rights often seen as 'right of publicity', a transferable property interest recognized in cases like Haelan Laboratories v. Topps Chewing Gum (1953).
- India: A hybrid approach stemming from Article 21 of the Constitution, with precedents in cases like Justice K.S. Puttaswamy v. Union of India (2017). Enforcement is challenged by anonymity and cross-border data issues.
- China: Stricter regulations on synthetic voices, as evidenced by a 2024 Beijing Internet Court ruling.
Judicial and Legislative Developments
- Landmark Cases in India:
- Amitabh Bachchan v. Rajat Nagi (2022)
- Anil Kapoor v. Simply Life India (2023)
- Arijit Singh v. Codible Ventures LLP (2024)
- US Reforms: Tennessee’s ELVIS Act (2024) and recent lawsuits against Character.AI highlight new AI-related legal challenges.
Scholarly Perspectives and Ethical Considerations
Scholars like Guido Westkamp advocate for expanding rights to protect creators from AI exploitation, while concerns persist over ethical issues such as AI recreations of deceased artists. Publications like UNESCO’s Recommendation on the Ethics of AI (2021) propose a rights-based framework to prevent AI exploitation.
Challenges and Recommendations
The global framework for personality rights remains fragmented. There is a pressing need for India to legislate explicit personality rights definitions and enforce AI-related responsibilities. The government’s 2024 deepfake advisory represents a tentative step, but comprehensive measures, alongside international cooperation through UNESCO principles, are crucial.
