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Could an AI-generated selfie with a Bollywood star land someone in trouble? The answer increasingly appears to be yes. In recent weeks, leading names including Karan Johar, Aishwarya Rai Bachchan, and Abhishek Bachchan have petitioned India's courts to protect their personality rights: the right to profit from and control their image, voice, and persona. These rights, while established under common law in India, lack the codified legal protections found in countries like the United States, where publicity rights are recognized as property.
The Delhi High Court has already sided with celebrities seeking to protect themselves from unauthorized merchandising, fake profiles, and even obscene AI-generated content. Actor Anil Kapoor's 2023 case set an early precedent when he sued for control over his name, image, and signature phrase "jhakaas." Likewise, Jackie Shroff successfully prevented the unlicensed use of his likeness and nicknames. These cases highlight the growing urgency for legal clarity as technology makes misuse increasingly effortless.
India's approach remains rooted in judicial precedent, meaning personality rights are interpreted through existing legal frameworks like intellectual property law, trademark law, and constitutional rights. Lawyers argue that while this system provides some safeguards, it leaves loopholes that are regularly exploited by businesses using celebrity images without consent. By contrast, in places like Tennessee, families may inherit publicity rights, as demonstrated by Elvis Presley's estate controlling his posthumous image.
The global stakes of the debate are growing. Denmark recently proposed laws to give every citizen ownership over their face, voice, and body. Hollywood has already seen disputes, with Scarlett Johansson accusing OpenAI of using her voice without authorization. As generative AI expands, the line between likeness and invention blurs further, raising ethical and legal dilemmas.
Legal experts in India argue that laws will always trail technology, but stronger interpretations of current frameworks can bridge some gaps. Raising awareness of rights and encouraging individuals to enforce them is also vital. For now, Bollywood's leading figures are pushing the conversation forward, ensuring that the right to identity remains central in a digital world where replication is only a click away.
