Image Rights for Identity Protection in the age of Artificial Intelligence

22nd April 2025 By Angela Adrian

Identity transcends a mere collection of facts such as name, location, employment, age, and gender; it embodies a rich tapestry shaped by the context in which each individual exists. Identity is a dynamic and multifaceted concept, evolving within specific social, cultural, and technological contexts. Guernsey’s Image Rights Ordinance (IRO) reflects this understanding, recognizing identity as a protectable asset encompassing not just physical attributes but also unique characteristics such as voice, personality, and even fictional representations. This approach acknowledges the fluidity of identity and its capacity to change and adapt through interactions and experiences. The importance of group dynamics in shaping these identities often goes unrecognized, as does the multiplicity of ‘real life’ identities that we maintain. Our online activities (social media, shopping habits, Google searches, online interactions, personal preferences, etc.) have extended the projection of our identity to a global audience.

Concurrently, Artificial Intelligence (AI) technologies can generate identities, representations, and personas that mimic human behavior and characteristics with startling accuracy. These technological capabilities force us to ask: What defines identity in the digital age? How do we protect the unique essence of ourselves when machines can replicate and distort it at will? These are not mere academic questions but matters that strike at the core of personal sovereignty.

There is no doubt that robust protection against the emerging threats posed by technological advances, such as AI, are an absolute necessity. Recent examples include Instagram, which has reportedly generated AI versions of users and inserted these digital personas into their feeds without consent. Such actions blur the lines between reality and manipulation, eroding trust and raising concerns about ownership and control of digital identities. Compounding this, Meta’s move to eliminate fact-checking on posts further destabilizes the online landscape, creating fertile ground for the proliferation of misinformation. These developments underscore the profound ethical challenges posed by unchecked technological power.

Guernsey’s IRO offers a bold framework for safeguarding identity. This ordinance recognizes personality as a unique and protectable asset, encompassing not just living individuals but also fictional characters and personas of those who have passed away within the last century. Through registration, individuals secure the rights to all historical, current, and future representations of their identity—whether real or digitally constructed.

In the context of the law, ‘image’ is framed extremely widely and means the name of the person and includes: “…the voice, signature, likeness, appearance, silhouette, feature, face, expressions (verbal or facial), gestures, mannerisms, and any other distinctive characteristic or personal attribute of a personage, or……any photograph, illustration, image, picture, moving image or electronic or other representation (‘picture’) of a personage and of no other person …” (IRO, s 3(1)(b) and (c)).

Identity signifies the unique state of being an individual, encompassing a private space where one’s attitudes and actions define the self through the use of impression management. The notion that identity is a streaming picture of a life within a particular context can also be applied to AI-generated personas, which aggregate data from various sources—social media, online interactions, and personal preferences—and construct a complex picture of an individual’s identity. AI systems similarly engage in impression management, which can be programmed to behave in ways that resonate with specific audiences. This use poses ethical questions about authenticity, as AI-generated personas can blend seamlessly into social contexts, raising concerns about manipulation and consent. Who holds the rights to these synthetic identities? The individual whose likeness was appropriated? The AI developer who engineered it? Or the platform enabling its use? These challenges demand a legal and ethical reckoning. This blending of human and AI identities necessitates robust protections, like those provided by the IRO, for the identities being emulated or manufactured by AI.

Within the complexity of personality lies both beauty and vulnerability, significantly as technological advancements like AI challenge our notions of identity and representation. Any identity—human or non-human, real or fictional—that expresses something unique deserves to be recognized as a ‘personality’ under the law. The Guernsey IRO recognizes this critical aspect and proactively offers global legal protection. As registered intellectual property, these identities and their associated images can be licensed or sold, acknowledging the intrinsic value that was previously challenging to articulate and protect.

As AI technologies reshape our world, we must rise to meet the ethical and legal challenges they pose. Protecting identities, whether rooted in human experience or synthesized by machines, honors the unique expressions of life in all its forms. Laws like the Image Rights Ordinance remind us of the importance of boundaries, ownership, and respect in a rapidly evolving digital landscape. We can only ensure that individuality—human or artificial—remains sacred and protected by embracing these principles.