Imagine opening your phone to find a video of yourself saying things you never said, selling a product you have never used — or worse, a sexually explicit “deepfake” wearing your face. In 2026 this stopped being a celebrity-only nightmare. Aishwarya Rai Bachchan and Abhishek Bachchan walked into the Delhi High Court asking judges to pull down AI-generated fakes and even stop Google from letting such content train other AI systems. A long line of stars — Salman Khan, Ajay Devgn, Kajol, Allu Arjun, Sonakshi Sinha, Arjun Kapoor — have secured similar protection.
The question that matters for the rest of us is simple: if a stranger can do this to a film star, what stops them doing it to you? The answer is that Indian law does give you rights over your own face, name and voice — they are just spread across several laws rather than sitting in one neat statute.
What are personality rights?
Personality rights (or publicity rights) are the rights a person has to control the commercial and personal use of their own identity — face, name, photograph, voice and signature. India has no single “Personality Rights Act.” Courts have built this protection out of existing tools, anchored by the Supreme Court’s recognition of privacy as a fundamental right in K.S. Puttaswamy v. Union of India (2017) under Article 21.
Where these rights actually come from
- Right to privacy (Article 21): after Puttaswamy, control over your own image and identity is part of the constitutional right to privacy and dignity.
- Trademark and passing off: using a famous name or image to suggest a false endorsement is actionable; registered marks get protection under the Trade Marks Act, 1999.
- Copyright: if you took a photograph or created a video, you usually own its copyright under the Copyright Act, 1957.
- Defamation: a damaging fake can be civil defamation or criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023.
- The IT Act, 2000 and its Rules: the engine room for online misuse — obscene content, private images, and the takedown duties of platforms.
Deepfakes and AI: the legal position now
A deepfake is synthetic audio or video that makes a real person appear to say or do something they did not. Indian law reaches it through a combination of provisions:
- Capturing or publishing a private image without consent — Section 66E of the IT Act.
- Sexually explicit material, including morphed or AI-generated content — Sections 67 and 67A of the IT Act, plus BNS provisions on obscenity and offences against women.
- Online impersonation and cheating by personation — Section 66D of the IT Act and the BNS.
- The IT Rules require platforms to remove flagged unlawful content within set timelines; the 2026 amendments tightened this further, including labelling of synthetic media.
When celebrities approach the Delhi High Court, judges typically issue a broad “John Doe” injunction restraining the whole world — including unknown defendants — from misusing the person’s identity. The same principles are available, in spirit, to ordinary citizens.
What an ordinary person can do
- Preserve evidence: screenshots, URLs, dates — before the content disappears.
- Report to the platform: intermediaries are legally bound to act on unlawful content, especially non-consensual sexual imagery.
- File a cybercrime complaint: at cybercrime.gov.in or call 1930.
- Send a legal notice demanding takedown, and go to court for an injunction and damages where needed.
Frequently Asked Questions
Does an ordinary person have personality rights, or only celebrities?
Everyone has a right to privacy and dignity over their own image under Article 21. The commercial publicity aspect is strongest for famous people, but misuse of any person’s photo, voice or identity can be challenged through privacy, IT Act and defamation routes.
Is making or sharing a deepfake a crime in India?
It can be. Depending on the content it may attract IT Act provisions on obscenity, privacy violation and online impersonation, plus BNS provisions on cheating, forgery, defamation and offences against women. Forwarding such content can also create liability.
Someone made a fake sexual image of me. What is the fastest step?
Report it immediately to the platform and on the National Cyber Crime Portal (cybercrime.gov.in / 1930), and preserve screenshots and links. Non-consensual sexual content is treated seriously and platforms must remove it quickly.
Can I stop a brand from using my photo in an advertisement?
Generally yes. Using your image to imply endorsement without consent can be challenged as a violation of privacy and as passing off, and you can seek an injunction and damages.
Is a platform like YouTube or Instagram liable for deepfakes users upload?
Platforms enjoy “safe harbour” only if they follow the IT Rules, including acting on takedown requests within the prescribed time. The 2026 amendments narrowed this, so a platform that ignores valid complaints can lose immunity.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
