An actor appears to endorse a product in an AI-generated video. The endorsement is fake. Who can stop it?
Personality rights in India offer legal routes against unauthorised exploitation of someone’s identity. On 16 October 2026, the Delhi High Court sought further legal research in actor Kriti Sanon’s case. It issued no final ruling.
Key Highlights
- Courts have protected names, voices, and likenesses against misuse.
- The Copyright Act separately recognises performers’ rights, including protection against certain harmful alterations to performances.
- India’s February 2026 IT Rules amendments address unlawful AI-generated material and platform responsibilities.
- News reporting, legitimate criticism and satire are not automatically prohibited by celebrity personality claims.
What Do Personality Rights in India Actually Protect?
No Indian law gives celebrities permanent ownership of every image or mention. Personality rights have developed through court decisions drawing on privacy, publicity and other legal principles. The clearest disputes involve fake endorsements or use of a recognisable identity to sell something without permission.
The Copyright Act, 1957 has a narrower, related layer. Section 38A gives performers specified rights in performances, while Section 38B lets them claim identification and challenge modifications prejudicial to their reputation. Those provisions should not be confused with a blanket copyright over someone’s face or speaking style. A cloned-voice advertisement is legally different from an authentic news photograph. Consent, purpose and harm count.
Which AI Misuse Cases Have Reached Indian Courts?
In May 2026, the Delhi High Court granted Varun Dhawan interim protection in a case involving unauthorised merchandise, fake appearance bookings and AI-generated online content. Its directions covered the use of his name, image, voice and likeness in the circumstances addressed by the order.
Singer Jubin Nautiyal obtained interim relief in February against alleged voice cloning and AI-generated uses of his persona. A voice clone can raise an identity dispute without copying a recording.
The debate remains active. An order dated 8 October 2026 directed Meta to remove specified manipulated content involving Kangana Ranaut within 72 hours. On 16 October, the High Court asked Kriti Sanon’s counsel for case law and research, including on whether its Intellectual Property Division should hear such suits. Her application was not a final victory.
How Can Actors Respond to AI Voice Clones and Deepfakes?
The first useful step is preserving the evidence before a video disappears or migrates to another account. Save the URL, account name, date, and screenshots alongside any recording.
A practical response has several parts:
- Save links, screenshots and copies of misleading advertisements or synthetic clips, along with any evidence of commercial use.
- Send platform complaints identifying the exact posts and explaining impersonation, fraudulent endorsement or other alleged violations.
- Ask a lawyer whether a cease-and-desist notice, civil injunction or targeted takedown application fits the facts.
- For suspected online crime, submit a complaint through the National Cyber Crime Reporting Portal, retaining the complaint reference.
The February 2026 amendments to India’s IT Rules require platforms to address unlawful synthetic media and labelling obligations. The government’s March 2026 clarification says unlawful content must be removed within three hours after a qualifying court order or official notice. That three-hour requirement is not a guarantee that every personal report receives an immediate takedown.
Contracts also deserve attention. A producer commissioning digital dubbing or an AI avatar can specify the authorised campaign, duration, territories, and whether future model training is permitted. The language of the actual agreement decides what was licensed.
Where Are the Limits of Celebrity Personality Rights?
In August 2026, while hearing a case involving PhysicsWallah founder Alakh Pandey, the Delhi High Court questioned whether personality-rights litigation might suppress information about wrongdoing or lawful satire. Not every unflattering depiction is an infringement.
A labelled parody, a genuine interview clip and a fraudulent advertisement are not equivalent. Courts consider the surrounding facts; lawful expression still needs room. An interim injunction does not settle future disputes.
For the latest position, follow the published court orders and government notifications rather than social-media claims that AI use of celebrity faces has been completely outlawed.
FAQS
Are Personality Rights Protected by a Separate Law in India?
No single statute comprehensively defines them. Indian courts apply privacy, publicity and related principles, while copyright and technology laws protect particular performances and address unlawful digital content.
Can Someone Legally Clone an Actor’s Voice Using AI?
Consent and purpose are central. Unauthorised commercial imitation or misleading endorsement may invite court action, but every experiment or parody is not automatically unlawful.
Does Section 38B Protect an Actor’s Entire Identity?
No. Section 38B protects specified moral rights connected to performances, including attribution and prejudicial modifications. Broader claims over names or likenesses rely on other principles.
Where Should Victims Report AI Impersonation in India?
Start with the hosting platform and preserve evidence. Where suspected cybercrime is involved, the government’s cybercrime.gov.in portal accepts online complaints and provides tracking options.
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