DEEP FAKES AND DIGITAL PERSONHOOD: A CONSTITUTIONAL FRAMEWORK FOR IDENTITY PROTECTION IN THE AGE OF GENERATIVE AI

Abstract

The rapid proliferation of generative artificial intelligence and synthetic media has shifted legal challenges from informational data privacy to identity manipulation. Traditional legal frameworks predominantly treat digital impersonation through financial fraud or defamation lenses, leaving a critical vacuum in addressing non-economic harms caused by deepfakes. This research paper evaluates the constitutional and statutory necessity of safeguarding "digital personhood"—the unique, intangible representation of an individual in the virtual sphere. Adopting a doctrinal and analytical qualitative legal methodology, the study analyzes the constitutional guarantees under Article 21 of the Indian Constitution, asserting that the right to dignity and personal liberty must encompass a fundamental "Right to Digital Bodily Integrity." Furthermore, the paper critiques the statutory limitations within the newly enacted Bharatiya Nyaya Sanhita (BNS), 2023, the Digital Personal Data Protection (DPDP) Act, 2023, and highlights the evidentiary challenges presented by Section 61 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The findings demonstrate that ad-hoc judicial remedies remain insufficient for ordinary citizens. Consequently, the paper recommends a comprehensive framework featuring statutory recognition of digital personhood, compulsory cryptographic AI watermarking, and standardized forensic verification protocols to protect human dignity in the generative AI era.