Deepfakes, Synthetic Media & Personality Rights in India: What Businesses and Public Figures Must Know Under the IT Rules, 2021 (as amended in 2026)

Artificial Intelligence (AI) is rapidly growing and transforming the cyber world by creating highly realistic digital content with very little time or technical expertise. Among these advancements, deepfakes and synthetic media have gained significant attention. Such content is becoming increasingly common across social media and other online platforms.

The increasing popularity of deepfakes has raised many concerns for both businesses and public figures. For example, the appearance of a fake video featuring the CEO of a company might mislead the stakeholders concerned and bring harm to the image of the organization. Similarly, there is a possibility that celebrities, politicians, influencers, and other people who are in the spotlight will become targets of impersonation or identity misuse. 

This article explores deepfakes and personality rights in india, their growing impact on businesses and public figures, the legal issues arising from their misuse, and the protection available under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (as amended by the Amendment Rules, 2026) (hereinafter referred to as the “IT Rules, 2021”), required to ensure responsible use of AI while safeguarding personality and privacy rights in India.

What are Deepfakes and Synthetic Media?

Synthetic Media refers to digital content that is generated or modified using artificial intelligence. The IT Rules, 2021 as amended in 2026 interpret “synthetically generated information” as any audio, visual or audio-visual information that is artificially or algorithmically created, generated, modified or altered using a computer resource in a manner that it appears real, authentic or true and depicts or portrays any individual or event in a manner that is, or is likely to be perceived as, indistinguishable from a natural person or a real-world event.

The word deepfake is a portmanteau of “deep learning” and “fake.” Deepfakes are a category of synthetic media that create extremely realistic images that falsely represent real people or events. All deepfakes are synthetic media, but not all synthetic media are deepfakes. Synthetic media could be used for many constructive purposes, but deepfakes are often misused for:

• Fraud and financial loss
• Online impersonation 
• Election manipulation
• Defamation
• Erosion of trust in authentic evidence/media
• Fake advertisement
• Non-consensual intimate imagery

Personality Rights in India

The identity of a human being is one of the greatest assets in the digital age. Personality rights are the rights that safeguard the identity of an individual from any unauthorised use. Their identity includes physical attributes, voice, etc., particularly for commercial purposes or for public representation. The rights are connected to the dignity of the person and their autonomy.

In the recent case of Preity G. Zinta v. Google LLC & Ors., actress Preity Zinta approached the Bombay High Court after AI-generated deepfake videos and images of her were shared online without her permission. The court granted interim protection until further orders and directed the defendants to file their reply. This case shows that Indian courts are taking steps to protect personality rights against the misuse of AI-generated content.

IT Amendment Rules, 2026 and Legal Framework. 

India has strengthened its regulatory framework through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026, which introduce the concept of ‘synthetically generated information’ and additional intermediary obligations. 

Key Provisions of the IT Amendment Rules, 2026

• Rule 2(1) (wa) – Gives the definition of ‘synthetically generated information’. It also clarifies that routine editing, formatting, colour correction, accessibility improvements, and educational or research materials that do not misrepresent the original content are excluded from the definition of synthetically generated information.

• Rule 3(3) – Requires intermediaries to exercise due diligence by deploying reasonable technical measures to identify and address unlawful synthetically generated information, including content involving deception, impersonation, false electronic records, non-consensual intimate imagery, and violations of privacy.

• Rule 3(3)(a)(ii) – Requires appropriate disclosure or labelling of lawful synthetically generated information and, where technically feasible, the use of metadata or other provenance mechanisms to improve transparency.
• Rule 3(1)(d) – Intermediaries are required to remove or disable access to specified unlawful information within three hours of receiving actual knowledge in the manner prescribed under the Rules.

The primary cyber law is the Information Technology Act, 2000, which aims to set up a legal regime for digital transactions, e-governance, and the prevention of cybercrimes. Some of the important provisions of the Act are:

• Section 66D is a crime related to cheating by personation (impostor) through the use of computer resources for committing fraud, punishable by imprisonment for up to three years and a fine of up to one lakh rupees. 
• Section 66E is related to the publication of private images without permission, which is relevant to pornography generated by non-consensual deepfakes, with penalties ranging up to three years’ imprisonment and fines up to two lakh rupees.
• Section 69A empowers the Central Government to order the blocking of public access to online information for reasons such as sovereignty, security of the State, public order, or preventing incitement to cognizable offences. It requires written reasons, follows prescribed safeguards, and non-compliance can lead to imprisonment up to seven years.

Although the Act and the IT Rules, 2021 as amended in 2026 significantly strengthen regulation of AI-generated content, India still does not have a separate statute exclusively governing deepfakes.

In the landmark case of Justice K. S. Puttaswamy (Retd.) v. Union of India, the right to privacy under Article 21 of the Constitution was officially recognized as a fundamental right by the Supreme Court. This decision further highlights the importance of personal identity and autonomy in the law. Indian courts have also protected celebrities whose names, pictures, or voices were used commercially without their permission.

Deepfakes: Challenges and Preventive Measures

As deepfakes and Synthetic Media become more common, they are creating new challenges for businesses, public figures, and the legal system.

Businesses can suffer serious losses if deepfakes are used to spread false information. For example, a fake video of a company’s CEO announcing a merger or asking employees to transfer money can create confusion and financial loss. Similarly, fake advertisements or unauthorized endorsements can damage a company’s reputation and reduce customer trust. In today’s digital world, even a single manipulated video can spread quickly and have lasting consequences.

Businesses using AI should also understand how intellectual property laws apply to AI-generated content and innovations. This is particularly important where AI-generated content may involve copyright, trademarks, or personality rights. Learn more in our guide on Artificial Intelligence and Intellectual Property Rights.

Celebrities, politicians, influencers, and other public figures are frequent targets of deepfakes because their images and voices are easily available online. Their identities may be used without permission to create fake endorsements, misleading AI-generated videos, or content that harms their reputation. Such misuse can lead to online impersonation, privacy concerns, and violations of personality rights in India.

Businesses should proactively adopt internal AI-use policies, deploy content-monitoring and deepfake-detection tools, implement AI-watermarking where feasible, and train employees to identify and escalate potential synthetic-media threats.

Current Challenges

Although India has laws that provide some protection, several challenges remain:

• Detecting AI-generated content is becoming more difficult as technology improves.
• Harmful content often spreads faster than it can be removed.
• Many people are still unaware of deepfake scams and how to identify them.
• The accelerated 3-hour takedown requirement, while necessary for rapid response, carries the risk of over-removal and may raise free-speech concerns

Addressing these challenges requires both legal reforms and public awareness. Technology companies should continue improving tools that detect manipulated content, and AI watermarking can help users identify AI-generated media. At the same time, awareness campaigns can educate people about deepfake scams and the importance of digital identity protection. A balanced approach that encourages innovation while protecting personality rights and privacy rights will help create a safer and more trustworthy digital environment.

Conclusion

Deepfakes and Synthetic Media are changing the way digital content is created and shared. While these technologies offer many benefits, they also create serious risks such as misinformation, fraud, online impersonation, and misuse of a person’s identity. As AI-generated videos become more common, protecting personality rights in India and ensuring digital identity protection have become more important than ever.

Although the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended in 2026 provide a legal framework to deal with online misuse, they are not enough to address the unique challenges posed by deepfakes. As AI continues to evolve, India needs stronger and more specific laws, along with greater public awareness and responsible use of technology. By balancing innovation with legal safeguards, India can create a safer and more trustworthy digital environment for everyone.

Author Details: Pragya Jha, 4th year Law Student, Lovely Professional University, Punjab 

References

1. Information Technology Act, 2000. 
2. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
3. Constitution of India, Article 21.
4. Justice K. S. Puttaswamy v. Union of India, (2017) 10 SCC 1.
5. Ministry of Electronics and Information Technology (MeitY) – IT Rules and Policies
6. Sunaina, Bombay HC Permits Preity Zinta to Seek Injunction to Protect Her Personality Rights from AI and Digital Misuse, SCC Online Times, June 18, 2026, https://www.scconline.com/blog/post/2026/06/18/bom-hc-preity-zinta-personality-rights-case-ai-deep-fakes/
7. Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2026.
8. Preity G Zinta vs Google LLC on July 8, 2026, Interim Application (L) No. 20703 of 2026 in Commercial IP Suit No. 245 of 2026.