Generative AI, Deepfakes and the Right to Identity: A Human Rights-Based Legal Framework

Author(s)	Vikram Meghwal, CS Akhita Jindal
Country	India
Abstract	Generative artificial intelligence has made it cheap to fabricate a person's face, voice and mannerisms with convincing realism. Indian courts have responded by extending personality rights to celebrities, but the protection is judge-made, fragmented and largely unavailable to ordinary people, who are the principal victims of synthetic media. This article argues that identity should be understood as a human right grounded in dignity, privacy and autonomy under Article 21 of the Constitution, and that a framework built on that footing is needed. It reports a survey of 240 adult internet users that measured their ability to distinguish authentic from synthetic media, their exposure to deepfakes and their support for regulatory measures. Mean detection accuracy was 60.5 per cent, only modestly above chance, and fell sharply with age and lower digital literacy. Support was highest for enforcement of labelling (90 per cent) and time-bound takedown (81 per cent). The article proposes a statutory right to identity, a consent-and-licensing regime, and platform duties calibrated to risk.
Keywords	generative AI; deepfakes; right to identity; personality rights; Article 21; digital literacy; human rights; India
Published In	Volume 17, Issue 2, July-December 2026
Published On	2026-10-21

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Journal of Advances in Developmental Research