Stolen Stardom: How AI and deepfakes are redefining celebrity image rights –

Lately, controversial AI-generated videos have been flooding the internet. Examples include the widely circulated “Mask and Trump kiss” meme and provocative images of Biden wearing diapers.

India
international law

Lately, controversial AI-generated videos have been flooding the internet. Examples include the widely circulated “Mask and Trump kiss” meme and provocative images of Biden wearing diapers. The trend has now reached the borders, with a new video of Poonam Pandey kissing comedian Samay Raina on her YouTube show ‘India’s Got Latent’ going viral. This video gained so much attention that both celebrities were forced to post clarification videos saying it was fake and generated by AI. In this age of rapid technological advances, celebrity images, voices, and personas face unprecedented challenges as AI blurs the line between reality and fiction. Once considered a celebrity’s greatest asset, their public image has become a commodity, increasingly exploited in an environment rife with deepfakes and digital counterfeits. The explosive growth of artificial intelligence is creating a new wave of threats, putting not only the public reputation but also the personal rights of celebrities at risk.

Artificial intelligence has revolutionized the creative world, especially with tools that support artistic expression, media production, and effective communication. However, these developments have led to some alarming cases of abuse. Deepfake technology now creates highly realistic, yet completely fabricated, personal videos and audio. This is a technology that creates unauthorized representations of celebrities. From unauthorized voice-overs in promotional materials to manipulated graphic content, such violations prove the urgent need for strong legal structures. One trend that poses significant concern is AI-based voice modulation techniques. The algorithms currently in use are able to imitate speech with considerable accuracy, creating major problems in distinguishing between original and fake recordings. Many people have come across songs dubbed in Prime Minister Narendra Modi’s voice, or derogatory dubbings of celebrities and politicians so accurate that everyone believes it to be the real thing. Such violations are not only unethical, but can also cause greater reputational damage and emotional distress.

legal situation in india

Personality rights, which allow individuals to control their name, image and likeness, remain relatively undeveloped in India. In contrast, countries like the United States explicitly recognize these rights. In India, the legal framework addressing moral rights is scattered across various laws and is not very clear. The protection provided by the right to privacy under Article 21 is not comprehensive. Celebrities often rely on trademark law to protect their names and expressions, and tort law to pursue claims of defamation and plagiarism. However, these protections remain insufficient in the face of increasing digital manipulation. Deepfakes pose new challenges to modern legal frameworks. While some redress options can be found in the Information Technology Act, 2000 and the Copyright Act, 1957, such laws were not designed keeping in mind the complexity of AI-derived content. This, in turn, creates a reactive environment for the legal system, where public figures are forced into lengthy and costly legal proceedings to regain their image rights. Without such legislative anticipation, they remain vulnerable to abuse.

Cost of digital utilization

The consequences of misuse of AI are very serious. Misuse of images for false endorsements or explicit content can lead to reputational damage, financial loss, emotional distress, and loss of trust.

Find solutions in the digital world

In response to these concerns, India needs to take comprehensive measures ranging from legal and technological protection to raising social awareness. First, comprehensive legislation that respects moral rights is urgently needed. Such laws should specifically prohibit the unauthorized use of names, photos, voices, and other attributes, and should provide stronger penalties for violations.

Another focus should be on dedicated AI regulations regarding deepfakes and audio modulation. Watermarking of AI-generated content and disclosure requirements for manipulated media will also help reduce abuse of this technology. Blockchain technology can be applied to authenticate digital content and provide celebrities with tools to protect their intellectual property.

Public awareness campaigns can improve your audience’s ability to distinguish between real and fake content. Promoting media literacy reduces the demand for celebrity fake material and thus reduces the incentive to produce it. Celebrities and their representatives, on the other hand, must always be wary of platforms where their images are used without their permission and respond quickly to such situations.

India can learn a lot from international precedents. In the United States, the right of publicity allows individuals to control the commercial exploitation of their identity and provides clear legal recourse. Additionally, the European Union’s General Data Protection Regulation provides important protections for personal information that may be adapted to include rights regarding images and audio recordings. Therefore, by using a parallel framework, India can provide celebrities with just the tools they need to protect their identities in an ever-digitalizing social environment.

conclusion

As artificial intelligence technology advances, inappropriate exploitation of publicity rights of celebrities is expected to increase. Aggressive legislation, advanced technology, and increased public awareness can help ensure equal protection of rights without infringing on artistic freedom. A celebrity’s image represents their identity, their income, and what they will become after they pass away. This must be protected from improper application, both legally and morally. In times like these, when reality seems out of reach due to technology, it has become even more important to protect the core elements of one’s identity.

The content of this article is intended to provide a general guide on the subject. You should seek professional advice regarding your particular situation.