Personality Rights in India: Protecting the Human Brand in the Digital Age
In an era where a person’s face, voice, and even "vibe" can be replicated in seconds by Artificial Intelligence, the legal concept of Personality Rights has moved from a niche legal topic to a critical shield for individuals.
From Bollywood legends protecting their baritone voices to athletes guarding their signature celebrations, personality rights are the frontline defense against unauthorized commercial exploitation.
What Are Personality Rights?
Personality rights, also known as Publicity Rights, refer to the right of an individual to control the commercial use of their identity. This includes their name, image, likeness, voice, signature, or any other unique characteristic that makes them recognizable.
In India, personality rights are not defined under a specific statute. Instead, they are protected through a combination of:
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Article 21 of the Constitution: The Right to Privacy and Dignity.
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Common Law: The "Tort of Passing Off" (preventing others from pretending to be you or using your fame to sell products).
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Intellectual Property Laws: Trademark and Copyright Acts.
The Two Pillars of Personality Rights
Personality rights are generally divided into two distinct categories:
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Right to Publicity: The right to keep your image and name from being used for commercial profit without your consent. This is essentially about "the right to sell" your identity.
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Right to Privacy: The right to be left alone and to prevent your identity from being used in a way that is intrusive or damaging to your personal life.
Why Are They More Important Now? (The AI Factor)
The rise of Generative AI and Deepfakes has changed the game. Previously, you needed a physical body double or high-budget CGI to mimic a celebrity. Today, an AI model can generate a video of a person saying things they never said or endorsing a product they never touched.
Without strong personality rights, an individual’s brand value—built over decades—could be diluted or destroyed by digital clones in a matter of hours.
Landmark Cases in India
India has seen a surge in high-profile legal battles where the courts have stepped in to protect "celebrity persona."
1. Amitabh Bachchan vs. The World (2022) The Delhi High Court passed a landmark "omnibus" injunction protecting Amitabh Bachchan’s name, image, and voice. This prevented the public at large from using his "angry young man" persona or his famous baritone for unauthorized apps, lotteries, or advertisements.
2. Anil Kapoor’s "Jhakaas" Protection (2023) In a significant move for digital rights, actor Anil Kapoor secured a court order protecting his name, likeness, and even his iconic catchphrase "Jhakaas." The court specifically prohibited the use of AI to create deepfakes or "morphed" images of the actor for commercial gain.
Can Only Celebrities Have Personality Rights?
While these rights are most often invoked by celebrities (because their identity has "commercial value"), the law is evolving.
The Right to Privacy belongs to every citizen. If a private individual’s photo is used on a billboard without consent to sell a product, they have a legal claim. However, to claim "Publicity Rights," one usually must prove that their identity has a certain level of public recognition and marketability.
Key Takeaways for Businesses and Creators
If you are a content creator, marketer, or business owner, you must be careful:
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Consent is King: Never use a person’s likeness, voice, or signature in a commercial context without a written contract.
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Avoid "Deceptive Similarity": Even if you don’t use the actual photo, using a "lookalike" or a "soundalike" to trick the audience into thinking a celebrity is endorsing your brand can lead to a lawsuit.
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Parody vs. Commercial Use: While "fair use" allows for satire and news reporting, using someone's identity to drive sales is almost always a violation.
Conclusion
Personality rights are the "digital armor" of the 21st century. As technology makes it easier to blur the lines between reality and fabrication, the law is increasingly siding with the individual's right to own themselves. Whether you are a global icon or an emerging influencer, your identity is your most valuable asset and the law is finally catching up to protect it.
