Home / Influencers, AI, and image rights: Is UK law falling behind?
23rd October 2025
Darcy Macmillan, Solicitor
Image Rights are the ability of an individual to stop others from using their name, likeness, or distinctive personal features- from appearance and style to signatures, nicknames or slogans- without permission.
With the rapid growth of influencer marketing combined with the emergence of AI deepfakes making it easier than ever to copy a person’s likeness, questions are mounting over whether UK law is fit to protect image rights in the digital age.
Currently the UK has no statutory protection of image rights. Instead, the law is made up of a patchwork of legal tools from passing-off (as was demonstrated in the case of Rihanna v Topshop (2013)), to contractual protections to control how a person’s image is used through agreements with brands.
Contractual protections only bind the parties to the contract and cannot prevent third parties from misusing their image, and a successful claim for passing-off requires (amongst other things) demonstration that a person’s goodwill has been damaged.
The influencer economy has made personal image a key source of brand value with figures like Molly-Mae showing how an individual’s likeness can become a powerful commercial asset. This creates risks: content is often reused without consent; fake accounts can impersonate influencers to scam followers and can lead to the dilution of personal brands when personal images are associated with products they never endorsed.
AI has made it easy to create deepfakes and synthetic likenesses, with influencers and celebrities already finding their faces used in fake adverts without consent. A well-known example was financial expert Martin Lewis, whose image was falsely used in online scam ads, showing how reputations, and consumer trust can be damaged with little legal remedy. These cases sit awkwardly within current UK law as there is potential scope for copyright infringement and passing off, but not without practical and legal complications, leaving victims of AI-generated content in a legal grey area.
The rise of influencer marketing and AI-generated likenesses have exposed major gaps in the UK’s patchwork approach to image rights. If a standalone statutory right was introduced, individuals would have greater certainty and faster remedies against the use of their image, offering more protection on reputation and commercial value. It would also align the UK more closely with jurisdictions such as the US, where the right of publicity offers control and profit from the commercial use of likeness.
On the other hand, existing tools such as passing off, data protection, and contract law already provide flexible remedies without the need for huge legislative change. More importantly a statutory image right could conflict with freedom of expression and artistic use. The biggest risk is that reform could overreach, giving individuals too much control at the expense of legitimate public interest and creative work.
Weaknesses of the UK’s current approach to image rights are becoming increasingly obvious. A statutory image right could provide greater clarity and safeguard influencers, celebrities and their consumers in the digital age.
If you or your business is concerned about protecting your image, brand or online presence, our team can advise on the most effective legal strategies to safeguard your reputation in a rapidly changing digital landscape.