LEGAL FRAMEWORK GOVERNING DEEPFAKE & PERSONALITY RIGHTS IN INDIA : A CRITICAL ANALYSIS

AUTHOR – SONU SHAJI, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – SONU SHAJI, LEGAL FRAMEWORK GOVERNING DEEPFAKE & PERSONALITY RIGHTS IN INDIA : A CRITICAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 131-137, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The emergence of deepfake technology has introduced serious legal challenges in protecting individual privacy, reputation, and identity in the digital age. Deepfakes—realistic yet fabricated audio-visual content—pose threats to established personality rights and procedural fairness, particularly under Article 21 of the Indian Constitution. Through landmark cases like Kunal Kamra vs Union of India (2024), Anita Kadian vs State of Haryana (2024), and Mahua Moitra vs Zee Media Corporation Ltd. (2021), Indian courts have shown adaptability by extending existing legal principles to counter the malicious use of synthetic media and protect digital dignity.

This study, using a doctrinal and analytical methodology, evaluates India’s current legal mechanisms including constitutional protections, tort law, and the Information Technology Act, 2000. It highlights the urgent need for reforms to strengthen digital evidence verification, enhance forensic capabilities, and regulate the misuse of deepfakes. While the present legal framework shows resilience, proactive legislative and institutional measures are necessary to ensure justice, preserve fair trial standards, and safeguard personal rights in an era dominated by artificial intelligence and synthetic content.

KEYWORDS:  Deepfakes, Personality Rights, Privacy, Indian Legal Framework, Information Technology Act 2000, Constitutional Law India, Digital Evidence, Right to Fair Trial, Cyberlaw, Judicial Interpretation