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The Digital Afterlife: Ethical and Legal Challenges of AI-Generated Personas

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The rise of AI 'ghostbots' has triggered global debates on the 'Dignity of the Dead' and post-mortem identity rights. This development explores the intersection of technology, ethics, and the urgent need for legislative frameworks to protect individuals beyond their biological existence.

The rapid advancement of Generative AI has birthed a new phenomenon: the 'Digital Afterlife.' By utilizing vast datasets of voice recordings, images, and text, AI can now recreate the likeness and personality of deceased individuals. While some view this as a tool for 'grief tech' to help the bereaved, it has sparked a profound debate on the unauthorized use of a person’s identity after death. Legislative bodies, particularly in the US and Europe, are now considering laws to curb the unauthorized commercial use of AI-generated personas. This intersects with the legal concept of the 'Right to Publicity' and the 'Right to be Forgotten.' In the Indian context, while the Supreme Court has recognized the Right to Privacy as a fundamental right under the Puttaswamy judgment, the extent to which these rights extend beyond biological existence remains a legal grey area. The 'Dignity of the Dead' is a recognized principle in international human rights law and various religious traditions, yet digital replicas challenge the traditional boundaries of this sanctity.

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