Humanity always sought immortality. Now there is a way to (sort of) achieve it. Over the weekend, I’ve read two thought-provoking articles, each delving into the multifaceted world of postmortem personality rights in the new digital reality.
One of these articles aptly titled “DEEPFAKE IT UNTIL YOU MAKE IT: How does AI relate to postmortem personality rights?” highlighted the remarkable capabilities of deepfake technology. It’s no longer science fiction; Harrison Ford got a digital facelift in ‘Indiana Jones 5: Dial and Destiny’, Carrie Fisher was brought back to life in ‘Star Wars’, and Paul Walker appeared in ‘Fast and Furious 7’ posthumously. While image rights for living individuals are relatively well-established in most jurisdictions, the situation becomes murkier when the individual is deceased. The legal landscape varies across countries, with differences in the duration of postmortem image rights. The rise of deepfakes has added a new layer of complexity to this debate. Herein lies also the ethical conundrum: what rights do the departed and their heirs have to control the commercial use of their image and persona in this digital age?
The second article, “THE CREEPY NEW DIGITAL AFTERLIFE INDUSTRY,” added yet another perspective, more relevant for mere mortals (as opposed to Hollywood stars). Our lives are increasingly becoming data points, and companies are popping up with the aim to create digital twins and chatbots based on the data we leave behind, raising critical questions about autonomy, consent, and privacy. Who has the right to define our posthumous digital lives, and what happens to our digital remains – emails, text messages, and social media accounts – after we’re gone? The digital world’s rapid expansion is redefining the boundaries of human community, challenging our understanding of autonomy, dignity, and human rights.
As we navigate this uncharted territory, the fundamental questions arise:
Should we have the right to define our posthumous digital lives? Who gets to make decisions about our digital personas, and what rights should these personas enjoy?
Are they an extension of a living person or mere by-products of data collection? How do we balance the desire for digital immortality with the potential for misuse and loss of autonomy?
How can we safeguard postmortem personality rights and ensure that digital immortals are treated with respect and dignity?
How do we balance the freedom of expression with the responsibility to prevent harm, especially in a world where a digital persona may live on indefinitely?
Can a digital immortal be deleted, and if so, who should have the authority to make that decision?
Questions are countless!
What do you think:
Should digital selves be curated, and if so, by whom? Should it become a general practice to define your digital legacy while still alive?