The Emerging Right Against Digital Manipulation: A Doctrinal Study of Human Rights in the Age of Generative AI
Author(s): Vikram Meghwal, Princy Verma
Publication #: 2610018
Date of Publication: 21.10.2026
Country: India
Pages: 1-9
Published In: Volume 12 Issue 5 October-2026
Abstract
Generative artificial intelligence can produce persuasive text, images, audio and video at scale, tailored to the individual and often indistinguishable from authentic material. This article contends that the harms of such systems are not adequately captured by existing rights to privacy, reputation or free expression, and that a distinct right against digital manipulation is emerging from international human rights law and from Indian constitutional principles. It defines the right through five components: identity integrity, informational authenticity, mental autonomy, algorithmic transparency and accessible remedies. The doctrinal argument is tested against two empirical exercises: a comparative coding of four jurisdictions on six legal indicators, and a survey of 96 legal academics, advocates and technology-policy professionals. Respondents endorsed all five components (means 3.86 to 4.47 on a five-point scale), with identity integrity ranking highest. The legal vehicle for the right divided opinion almost evenly between a standalone statute (40 per cent) and judicial recognition under Article 21 (38 per cent). The article proposes a layered recognition strategy.
Keywords: digital manipulation; generative AI; mental autonomy; freedom of thought; Article 21; human rights; algorithmic transparency
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