Legal Battle Over Personality Rights in the Age of AI-Driven Impersonation
A legal case involving actor Salman Khan has brought 'personality rights' into focus, particularly against AI-driven platforms. The Delhi High Court issued a notice to a China-based AI voice generation platform for unauthorized use of the actor's persona. Personality rights recognize the economic value of an individual's identity, distinct from intellectual property. While the Supreme Court's K.S. Puttaswamy judgment recognized privacy as a fundamental right under Article 21, personality rights also intersect with Article 19(1)(g) regarding the right to conduct business. The case highlights gaps in the Digital Personal Data Protection Act, 2023, regarding the AI sector and unauthorized commercial exploitation.
Key Points
- Personality rights protect against unauthorized commercial exploitation of an individual's identity.
- The K.S. Puttaswamy (2017) judgment linked identity protection to the right to privacy under Article 21.
- AI-driven platforms pose new challenges for protecting the 'persona' of public figures.
- Current laws like the DPDP Act 2023 have gaps in regulating AI-based impersonation.
- Courts have protected artistic expression provided it does not mislead the public.
Exam Facts
- Relevant Court Case: K.S. Puttaswamy v. Union of India (2017).
- Constitutional Articles: 21, 19(1)(g).
- Act: Digital Personal Data Protection Act, 2023.
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