Context
The Delhi High Court recently issued interim orders safeguarding the personality rights of prominent Bollywood celebrities such as Aishwarya Rai Bachchan, Abhishek Bachchan, and Karan Johar.
This action was prompted by concerns over unauthorized commercial use of their identity, including AI-generated content, in advertisements and digital media without their consent.
What Are Personality Rights?
- Definition: Legal rights allowing individuals to control the commercial use of their name, image, likeness, voice, or other distinctive attributes.
- Purpose: Prevents misuse that could harm reputation, dignity, or economic interests.
Key Components:
- Right to Privacy – Protection from unwanted intrusion.
- Right to Publicity – Control over commercial use of one’s persona.
- Protection from Defamation – Safeguarding reputation against false representation.
Legal Basis in India
Personality rights in India do not have a single codified law but are protected through:
- Common Law Doctrines: Privacy, defamation, and unjust enrichment.
- Judicial Precedents: Landmark court judgments.
- Intellectual Property Laws:
- Copyright Act, 1957 – Protects original creative expressions like photographs and videos.
- Trade Marks Act, 1999 – Allows registration of names or likenesses as trademarks.
Key Judicial Precedents
- R. Rajagopal vs State of Tamil Nadu (1994)
- Supreme Court recognized an individual’s right to control the use of their identity, rooted in Article 21 – Right to Life and Personal Liberty.
- Stated that publishing unauthorized information about someone’s life without consent violates privacy unless it relates to public records.
- Titan Industries Ltd. vs M/s Ramkumar Jewellers (2012)
- The Delhi High Court held that using celebrity images without permission for commercial gain amounts to unfair trade practice.
- DM Entertainment vs Baby Gift House (2010)
- Recognized protection against unauthorized use of a celebrity’s likeness, in this case involving pop singer Daler Mehndi.
Balancing Free Speech and Personality Rights
- Article 19(1)(a): Guarantees freedom of speech and expression.
- Courts have clarified:
- Permitted:
- Criticism
- Parody
- Satire of public figures
- Not Permitted:
- Commercial exploitation without consent
- Misrepresentation that harms reputation or dignity
- Permitted:
This ensures a balance between public interest and individual dignity.
Current Relevance – Digital Age Challenges
- Rise of AI-generated deepfakes and synthetic content has amplified risks of:
- Unauthorized advertisements
- Defamation through false visuals
- Identity theft for commercial gain
The recent Delhi HC case highlights judicial adaptation to modern technological threats.
UPSC Prelims Pointers
| Aspect | Details |
| Recent Case | Delhi High Court order protecting celebrities like Aishwarya Rai Bachchan and Karan Johar |
| Key Judgment | R. Rajagopal vs State of Tamil Nadu (1994) – Right to control identity |
| Relevant Articles | Article 21 (Right to Life & Privacy), Article 19(1)(a) (Free Speech) |
| Relevant Acts | Copyright Act, 1957; Trade Marks Act, 1999 |
| Issue Area | AI-generated content, digital exploitation, privacy rights |
Conclusion
The judiciary plays a pivotal role in adapting constitutional rights to new-age technological challenges, ensuring dignity and privacy are protected while upholding freedom of expression. This balance is critical as India moves deeper into the era of AI and digital globalization.