UK Government Considers Reforms to Protect Personality Rights Amid AI Deepfake Concerns

As artificial intelligence technologies, particularly deepfake applications, continue to evolve, the issue of personality rights in the UK has come under increasing scrutiny. Unlike many European nations that have established statutory protections for personality rights, the UK relies on a fragmented legal framework that can leave individuals, particularly public figures like actors and musicians, vulnerable to unauthorized use of their likenesses and identities. In light of these challenges, the UK Government is now considering potential reforms to better safeguard these rights, with a specific focus on how AI may impact individuals' control over their images and likenesses. Currently, individuals in the UK have to navigate a variety of legal avenues to protect their personality rights, including passing off, copyright, and trademark laws. Passing off is the most frequently invoked protection, where a celebrity must demonstrate goodwill in their name or image, a misrepresentation by another party, and resultant damage. Landmark cases like *Irvine v Talksport Ltd* and *Fenty v Arcadia Group Brands Ltd* illustrate the complexity and variability in outcomes when it comes to establishing a claim. However, these routes often lack the specificity and robustness of protections seen in jurisdictions with dedicated personality rights laws. Copyright law provides some avenues for protection, particularly in cases where original works featuring an individual are used without permission. Still, it falls short of offering direct control over an individual’s likeness. Furthermore, copyright does not automatically grant rights to individuals over their own images, which can complicate matters in deepfake scenarios where a person's likeness is manipulated without consent. Trademark law offers another layer of potential protection, allowing individuals to register their names or likenesses as trademarks to prevent unauthorized commercial use. However, this avenue is not without its limitations. The requirement for a trademark to be distinctive, the possibility of revocation for non-use, and the challenges of proving bad faith registration mean that this route is not a catch-all solution for personality rights. The rise of AI-generated content, especially deepfakes, poses a unique challenge to these existing frameworks. These technologies can create highly realistic representations of individuals, raising concerns among performers about unauthorized use that could threaten their livelihoods. The Government's ongoing consultation on copyright and AI, which invites feedback until February 2025, acknowledges the need to re-examine whether current laws adequately protect individuals in the age of AI. Many in the creative industries are advocating for the introduction of a statutory personality right. Such a right would explicitly recognize an individual's control over the commercial use of their identity. This proposal aligns with recent developments in the United States, where discussions are ongoing regarding federal protections for digital replicas. However, introducing a new form of intellectual property protection in the UK is a complex issue that requires careful consideration of the interplay between personality rights, freedom of expression, and the creative industries' need for flexibility. Calls for reform highlight the urgency of addressing these gaps in protection. A unified statutory framework could provide clarity and consistency, benefitting both individuals and businesses in navigating their rights and obligations. This shift would not only empower individuals to better protect their identities but also foster a more responsible approach to the use of AI technologies in creative fields. For now, practitioners and individuals must continue to rely on the existing, albeit patchy, legal landscape to safeguard their rights. As the UK Government moves forward with its consultations, stakeholders are eagerly awaiting the outcomes, which could pave the way for a more robust and coherent framework for personality rights in the face of rapidly advancing technology. The future of personality rights in the UK hangs in the balance, as the government weighs the need for reform against the complexities of implementing such changes effectively.