The Delhi High Court recently issued landmark rulings to protect Bollywood celebrities from unauthorised commercial use of their images, voices, and likenesses. These orders come amid rising concerns over AI-generated content and digital manipulation. The court granted relief to prominent actors and filmmakers, signalling a judicial push to safeguard personality rights in India’s digital age.
About Personality Rights
Personality rights protect an individual’s name, image, voice, and other distinctive traits from unauthorised commercial use. In India, these rights are not codified in a single law but are derived from common law principles like privacy, defamation, and publicity rights. Courts can issue injunctions, award damages, or order takedowns to prevent misuse in advertisements, merchandise, or digital platforms. Intellectual property laws such as the Copyright Act and Trade Marks Act also provide partial protection, allowing celebrities to register their names or catchphrases as trademarks.
Judicial Precedents and Key Judgments
The Supreme Court first recognised personality rights in 1994, linking them to the constitutional right to privacy. Later, the Madras High Court ruled in favour of actor Rajinikanth, emphasising that proof of deception is unnecessary if the celebrity’s identity is clear. More recently, the Delhi High Court has tackled AI-related misuse, granting actors like Anil Kapoor and Jackie Shroff protection against unauthorised use of their persona online. The Bombay High Court also ruled against AI voice cloning of singer Arijit Singh, denoting the risks posed by generative AI.
Balancing Personality Rights and Free Speech
While personality rights protect dignity and autonomy, they must be balanced with freedom of speech guaranteed under Article 19(1)(a) of the Constitution. Courts have ruled that parody, satire, and criticism are legitimate expressions and do not infringe publicity rights. However, commercial exploitation without consent is prohibited. This balance ensures that free expression is not unduly stifled while preventing misuse that harms reputation or brand equity.
Challenges and the Need for Legislation
Experts emphasise the need for a comprehensive legal framework to address personality rights uniformly. Current protections rely heavily on fragmented judicial decisions. Clear exceptions for artistic and critical uses must be defined to avoid censorship. Moreover, personality rights extend beyond celebrities to ordinary individuals, particularly women vulnerable to deepfakes and revenge pornography. Enforcement remains difficult due to the scale of digital misuse and the challenge of tracking violations online.
Questions for UPSC:
- Critically analyse the balance between personality rights and freedom of speech under Article 19(1)(a) of the Constitution of India with suitable examples.
- What are the challenges in regulating artificial intelligence-generated content? How can existing intellectual property laws be adapted to address these challenges?
- Explain the significance of the right to privacy under Article 21 in protecting individual identity. Discuss its impact on personality rights jurisprudence in India.
- With examples, comment on the need for comprehensive legislation to protect personality rights in the digital era and its implications for ordinary citizens.
