DIGITAL RESURRECTION AND THE LAW: REGULATING AI CLONES OF THE DEAD THROUGH PERSONALITY RIGHTS, PRIVACY AND POST-MORTEM IDENTITY IN INDIA

Abstract

Generative artificial intelligence can reproduce a deceased person's voice, appearance, mannerisms, writings and other elements of identity with increasing realism. These technologies create a new legal problem: the digital resurrection of a person who can no longer consent to the creation or commercial use of an artificial replica. Indian law does not presently contain a comprehensive statutory framework specifically governing AI-generated replicas of deceased persons. This paper examines the relationship between personality rights, publicity rights, privacy, dignity, intellectual property, data protection and freedom of expression in the context of post-mortem digital identity. It analyses the constitutional foundations of privacy and dignity under Article 21, the emerging Indian jurisprudence on personality and publicity rights, and the possible application of the Copyright Act, Trade Marks Act, Information Technology Act and Digital Personal Data Protection Act, 2023. Comparative approaches from the United States, United Kingdom and European Union are also considered. The paper argues that existing remedies are fragmented and largely reactive. It proposes a dedicated post-mortem digital personality framework based on consent, limited duration, estate administration, transparency, labelling of synthetic content, exceptions for legitimate expression and effective remedies against unauthorised commercial exploitation.