Deepfakes and Right to Identity: Re-Analyzing Intellectual Property Protection in the Age of Synthetic Media

The rapid evolution of Artificial Intelligence (AI) and synthetic media has created new challenges concerning identity rights, their infringement, and legal protection. The increasing use of voice, photo, and image cloning has transformed identity into a viable commercial usufruct, while deepfakes have exposed limitations within traditional intellectual property frameworks. This article examines evolving terminologies relating to synthetic media and deepfakes and analyses the shift of identity from a marker of dignity to a commercial asset. It evaluates traditional intellectual property laws and their limitations in addressing deepfakes and non-consensual use of biometric personas. The article further examines recent judicial innovations protecting personality rights, including John Doe orders and dynamic injunctions, and analyses landmark cases concerning voice cloning. It also considers existing statutory remedies and proposes future legal reforms, including recognition of new rights and global legislation. Ultimately, the article highlights the need for a distinct legal framework governing synthetic media while balancing human identity, artistic expression, and technological advancement.