Personality Rights in India, Meaning, Legal Framework, Judgments

Personality Rights in India protect an individual’s name, image, voice, likeness, signature, and other personal attributes from unauthorized commercial use or misuse. Although India does not have a dedicated Personality Rights law, these rights have been recognized through Article 21 of the Constitution, judicial precedents, and intellectual property laws. 

Why in News?

Indian cricketer Abhishek Sharma has approached the Delhi High Court seeking protection of his personality rights. 

What are Personality Rights?

Personality Rights are legal rights that protect an individual’s name, image, voice, likeness, signature, and other unique personal attributes from unauthorized use. These rights allow a person to control how their identity is used, especially for commercial purposes such as advertisements, merchandise, or endorsements. In India, personality rights are derived from the Right to Privacy under Article 21 and supported by intellectual property laws and judicial decisions. They help safeguard an individual’s privacy, reputation, dignity, and commercial value.

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Two Pillars of Personality Rights in India

Personality Rights in India are primarily based on two key principles: the Right to Publicity and the Right to Privacy, which together protect an individual’s identity, dignity, and commercial interests.

1. Right to Publicity

• Gives individuals the exclusive right to commercially use their name, image, voice, and likeness.
• Prevents unauthorized advertisements, endorsements, and merchandise.
• Protects the commercial value and goodwill associated with a person’s identity.
• Stops others from making unjust financial gains using someone else’s persona.

2. Right to Privacy

• Protects an individual’s personal identity, dignity, and autonomy.
• Prevents misuse through AI deepfakes, voice cloning, doctored images, and identity theft.
• Safeguards against unauthorized disclosure or exploitation of personal information.
• Applies to both celebrities and ordinary individuals, ensuring protection from privacy violations.

Legal Framework Governing Personality Rights in India

India does not have a standalone law governing Personality Rights. Instead, these rights are protected through the Constitution, intellectual property laws, common law principles, and judicial precedents that safeguard an individual’s identity and commercial interests.

• Article 21 of the Constitution – Protects the Right to Privacy, dignity, identity, and reputation as part of the Right to Life and Personal Liberty.
• Trade Marks Act, 1999 – Allows celebrities to register their names, signatures, logos, and catchphrases as trademarks to prevent unauthorized commercial use.
• Copyright Act, 1957 – Provides performers’ rights under Section 38, protecting performances from unauthorized recording and commercial exploitation.
• Common Law (Passing Off) – Prevents false endorsements and misleading commercial use of a person’s identity or reputation.
• Information Technology Act, 2000 & IT Rules – Facilitate the removal of unlawful online content, including fake profiles, impersonation, and identity misuse on digital platforms.
• Judicial Precedents – Courts have developed personality rights through landmark judgments, recognizing protection against unauthorized commercial exploitation, AI deepfakes, and digital impersonation.

Landmark Judgments on Personality Rights in India

Indian courts have played a crucial role in developing Personality Rights through landmark judgments that protect an individual’s identity, privacy, reputation, and commercial interests in the digital age.

• Justice K.S. Puttaswamy (Retd.) v. Union of India (2017): The Supreme Court declared the Right to Privacy as a Fundamental Right under Article 21, laying the constitutional foundation for personality rights.
• ICC Development (International) Ltd. v. Arvee Enterprises (2003): The Delhi High Court held that personality rights are vested in individuals and cannot be claimed by events or organizations.
• D.M. Entertainment Pvt. Ltd. v. Baby Gift House (2010): The Delhi High Court recognized Daler Mehndi’s Right to Publicity, holding that a celebrity’s identity has commercial value and cannot be exploited without consent.
• Titan Industries Ltd. v. Ramkumar Jewellers (2012): The Delhi High Court restrained the unauthorized use of Amitabh Bachchan and Jaya Bachchan’s images in advertisements, recognizing the commercial value of celebrity identity and preventing false endorsements.
• Amitabh Bachchan Personality Rights Case (2022): The Delhi High Court granted an omnibus injunction protecting Amitabh Bachchan’s name, image, voice, and personality, while directing the removal of infringing online content through dynamic injunctions.
• Anil Kapoor v. Simply Life India & Others (2023): The Delhi High Court protected Anil Kapoor’s name, image, voice, likeness, signature style, and catchphrase “Jhakaas”, extending personality rights to cover AI-generated content and deepfakes.
• Recent AI Deepfake Cases: Indian courts have increasingly issued John Doe (Ashok Kumar) Orders and dynamic blocking injunctions to swiftly remove AI-generated deepfakes, voice clones, fake endorsements, and other unauthorized digital content that infringes personality rights.