It seems unreal that companies could use a person’s likeness without consent and face no legal repercussions.
Yet, surprisingly, it is acceptable, legally speaking, to create a deepfake ad.
You only need to prove that your use of the image is satirical and that a reasonable adult can spot that it is fake.
Anyone who has footage of themselves, particularly online, can be deepfaked.
So, it is not just celebrities who have to bear its consequences.
While some of this is innocent, such videos could damage someone’s reputation if used irresponsibly or maliciously.
Celebrities can sometimes argue copyright infringement or libel/slander.
Still, one’s best bet is probably The Right to Publicity, Personality Rights, or Rights of Persona as it is known, depending on where you live.
This right protects against the unauthorised use of an individual’s name, likeness, or other recognisable personality traits for commercial purposes.
In parts of America, the law prohibits using deepfakes in pornography and political campaigns.
The rules are still unrefined in India. There is an IT Act in place, which deepfakes violate. However, the law needs to be more explicit about this issue.