“AI Cannot Own Identity”: Hitesh Jain Flags Legal Risks At INCA Conclave

At the INCA Conclave 2026 in Mumbai, Managing Partner of Parinam Law Associates, Hitesh Jain, delivered a sharp and timely address on the growing tension between artificial intelligence and personality rights, warning that the law must evolve quickly to prevent the erosion of individual identity in the digital age.

Framing his speech around a striking question: “If tomorrow, a film releases with your face, your voice, and your mannerisms… but you were never part of it, have you been replaced, or merely replicated?”, Jain set the tone for a conversation that is no longer theoretical but urgently real.

He pointed out that AI has fundamentally altered how identity is perceived and used, noting that for the first time, “identity itself has become detachable from the individual.” According to Jain, elements that once defined a person: name, voice, face, expressions, and personality can now be “captured, processed, reproduced, and deployed” without their participation. This, he argued, represents a structural shift where “presence is no longer required for performance,” raising serious legal and ethical concerns.

Drawing from existing legal principles, Jain emphasised that Indian law has long recognised protection not just against physical harm but also against the unauthorised commercial use of identity. He explained that personality is not an abstract idea but a collection of identifiable attributes, and “if someone can look at something and say, ‘that is clearly you,’ the law begins to take notice.” Importantly, he clarified that the core legal issue is not confusion or deception, but consent. “Was your identity used without your consent? If yes, the violation begins there,” he said.

Jain stressed that personality rights go beyond economic interests and are closely tied to dignity and autonomy. “Dignity cannot be outsourced to an algorithm,” he remarked, underscoring the human dimension of the debate. He warned that AI has made misuse easier and more scalable, as replication now requires only data rather than effort, increasing the likelihood of widespread violations.

Turning specifically to the film industry, Jain identified four emerging pressure points. First, unauthorised digital replication allows actors’ likenesses and performances to be recreated without their involvement, which he described as “not imitation… but substitution.” Second, he flagged the weakening control over personal intellectual property, noting that once data exists, identity becomes reusable and potentially “infinitely reusable.” This, he cautioned, shifts the risk from content piracy to “piracy of the individual.”

Third, Jain highlighted the blurring of authenticity, observing that if audiences can no longer distinguish between real and AI-generated performances, trust in cinema may decline. “When authenticity weakens, trust weakens. And when trust weakens, value declines,” he said. Finally, he addressed the industry’s own role, cautioning that while AI offers efficiency and cost benefits, it presents a deeper question: “Are we optimising for efficiency or are we preserving value?”

In response, Jain proposed four guiding principles. He called for explicit, informed, and specific consent for any use of an individual’s identity, particularly in digital formats. He urged immediate updates to contracts to address AI-related risks such as voice cloning and digital avatars. He also advocated recognising personality as a primary asset deserving protection equal to traditional intellectual property. Lastly, he stressed the need for technological solutions like watermarking and authentication systems, noting that “the scale of AI cannot be managed by litigation alone.”

Concluding on a reflective note, Jain acknowledged that technological disruption is not new to the film industry but insisted that a clear boundary must be maintained. “Technology can assist creativity. It cannot own identity,” he said, adding that identity is rooted in lived experience and human connection. He ultimately called on industry stakeholders to ensure that innovation does not come at the cost of individuality, warning that while AI may reshape processes, “the story still belongs to the human behind the face, not the machine that recreates it.”

Event Name: INCA Conclave 2026