Adv TIYASHA JANA Tiyasha Jana

From Stardom to Simulation: Protecting Personality Rights Against AI Cloning – A Case Study of Aishwarya Rai Bachchan

Author-Adv Tiyasha Jana, Pursuing LL.M from Calcutta University

Abstract

The rapid evolution of Artificial Intelligence, particularly in the domain of deepfakes and generative media, has fundamentally challenged traditional understandings of personality rights and identity protection. This paper, titled “From Stardom to Simulation: Protecting Personality Rights Against AI Cloning – A Case Study of Aishwarya Rai Bachchan”, critically examines the legal implications of AI-driven cloning of celebrity likeness, voice, and persona. With the emergence of hyper-realistic digital replicas, public figures are increasingly vulnerable to unauthorized commercial exploitation, reputational harm, and violations of dignity.Focusing on the recent proceedings before the Delhi High Court involving Aishwarya Rai Bachchan, the study analyses how Indian jurisprudence is adapting to address the misuse of celebrity identity through AI-generated content. It explores the intersection of personality rights, the right to privacy under Article 21 of the Constitution of India, and intellectual property frameworks such as copyright, trademark, and passing off. The paper further evaluates the adequacy of existing legal remedies in combating emerging technological threats, highlighting the challenges posed by anonymity, jurisdictional complexities, and platform liability.By adopting a doctrinal and comparative approach, the research contrasts Indian legal developments with international perspectives on the right of publicity and digital identity protection. It argues that while courts have begun to recognize and restrain AI-based infringements, there remains a pressing need for a comprehensive and technology-specific regulatory framework. The paper concludes by proposing reforms aimed at balancing innovation with the protection of individual autonomy, dignity, and commercial rights in the digital age.

Keywords: Artificial Intelligence, Personality Rights, AI Cloning, Deepfakes, Right of Publicity, Digital Identity, Privacy, Intellectual Property Rights, Celebrity Rights, India