On the 18th of March 2026, the UK government published its much awaited report on copyright and artificial intelligence. In the report, the government essentially decided to adopt a ‘wait and see’ approach to several of the issues raised by the interface between AI and copyright law. However, in this short essay, I want to focus on the section of the report dealing with digital replicas (contained in Section J of the report). In the report, the government seems to suggest that it may be appropriate to have a personality right (what the Americans call publicity rights) in the UK.

Crucially, the report acknowledges the impact that AI can have on image rights and admits that there is no sufficient protection under UK law in this regard:

“AI makes it easier to create ‘digital replicas’ of someone’s voice or face. This can be a powerful tool, including for the creative industries. However, when someone’s likeness is replicated without their permission it can cause harm to the replicated individual and to others who consume the content, and can also constitute illegal content. While there are some protections in place today, these do not cover the full risks associated with digital replicas.”

Specifically, the report confirms the inadequacy of copyright law, performers’ rights, and passing off when it comes to AI and image rights, especially for non-celebrities:

“While the more successful artists may be able to rely on passing off in some scenarios, this avenue is less accessible for lesser-known artists or the general public. Copyright law can only be relied upon when a substantial part of an existing work is copied. Subsequent enforcement action can only be taken by the copyright owner, and this may not be the subject of the digital replica. Performers rights are also hard to rely on as they are tied to a recording of an existing performance and will not be helpful if a new AI-generated performance is made.”

The report seems to indicate that the government may be considering whether a new personality right may be appropriate for the UK:

“We agree that the growing use of realistic impersonation through AI creates new risks – as well as opportunities – for artists and the general public. We propose to explore options that address these risks, while promoting growth and innovation. This will include considering whether a new personality right may be appropriate.”

In a forthcoming article, I have argued that English courts can in fact develop a new tort of publicity rights using the same model that the then UK House of Lords (now known as the UK Supreme Court) used to develop a tort of misuse of private information in Campbell. In the article, I contend that due to the inadequacies of the existing law, for both claimants and defendants, in cases involving the unauthorised use of image or identity, English courts can develop a new tort of publicity rights that will protect both celebrities and non-celebrities and that will also take into account freedom of expression in appropriate cases. It will be interesting to see if and when the UK will eventually adopt a new personality or publicity right.