INTRODUCTION
“Technology is useful servant but a dangerous master” -Christian Lous Lange
The Bachchans are in court, not over inheritance disputes or criminal allegations, but for something far more modern and personal: the protection of their own digital personalities. In an age where fame transcends screens and enters the realm of artificial intelligence and deepfakes, the Bachchans have stepped forward to safeguard what truly defines them their personality rights.
In today’s digital world, our identities often live online as much as they do in real life. Every post we share becomes part of our personality in public domain. But with this growing online presence is becoming a serious problem the misuse of someone, voice, image, name without his permission. As rightly said by Christian Lous Lange that Technology is useful servant but a dangerous master, from fake celebrity endorsement to AI generated deepfakes, personal identities are being exploited in unimaginable ways.
Recently, Indian courts have taken significant steps to curb such misuse. Some recent rulings by various high courts truly depicts that like the Bombay High Court has granted ad-interim protection to legendary playback singer Asha Bhosle, barring artificial intelligence platforms, e-commerce sites, and independent sellers from cloning her voice or exploiting her image, likeness, and other personality attributes without prior authorization and likewise the Delhi High Court has also granted interim injunction protecting Aishwarya Rai’s Personality Rights; Directs blocking of all infringing websites, platforms and YouTube channels.
These are significant step in protecting celebrity rights in the digital age by Indian courts. And making it clear that person’s identity is their own and cannot be used to make profits or publicity without consent. These rulings of court highlight the importance of protecting both privacy and individuality in the digital era. In simple terms, the law is now watching and standing up against online exploitation of personality.
COMPREHENDING THE CONCEPT OF PERSONALITY RIGHTS
Personality right, refer to the rights of an individual to control the commercial and personal use of their name, image, voice, likeness, signature, and other unique identity attributes. These rights are important for famous personalities to prevent unauthorized exploitation of their fame and image for economic gains and to protect their goodwill and privacy.
The Article 21 of the constitution provides for right to life and personal liberty. In the landmark ruling of K.SPuttaswamy vs. Union of India & Ors (2017), Supreme Court held that Right to Privacy is fundamental right within the ambit of Article 21. Article 21 forms the foundation for protecting personal identity. Courts have also invoked right to publicity and the right to reputation, which ensures that no one can exploit the identity of an individual for commercial purpose without their consent.
In simple terms, Personality rights ensures that no one can use another person’s identity without permission. For example, using a celebrity’s photo in an advertisement without consent would infringe upon their personality rights.
Key Aspects of Personality Rights:
- Right to Privacy: These rights restrict the unwanted disclosure or misuse of personal attributes in public.
- Right to Publicity: These right give a person exclusive right to permit or deny others from using their identity for commercial gains.
- Moral and Dignity Protection: It means safeguarding an individual’s reputation, honor, and personal integrity are preserved and should not be used in manner that causes shame, insult, or emotional distress.
LEGAL FRAMEWORK BEYOND THE CONSTITUTION
The Copy Rights Act, 1957: It offers protection for original works of authors fixed in a tangible form, which includes artistic and literary works, sound recording, photograph, films and architectural works.
- Section 22: States the term of copyright in published literary, dramatic, musical and artistic works shall be for lifetime of author or for 60 years after the death of author.
- Section 57 (Author’s special rights): This section protects author’s copyright after the assignment either wholly or partially of said copyright the author shall have right to claim authorship of work and also has right to restrict and claim damages in respect of any distortion and modification.
- Section 38 (Performers’ Right): This section provides the special right to performer known as “performer’s right” in relation to performance and this right shall subsist until 50 years from the beginning of the calendar next following the year in which the performance is made.
- Other Sections: Like 17, 39, and 52 also provides broader support for personality related claims, of an individual’s creative identity.
The Trade Marks Act,1999: Prevents unauthorized commercial use of individual’s name or brand identity, especially in cases where public figures and celebrities are involved.
The Trade Marks Act, 1999 prevents unauthorized commercial use of a person’s name or brand identity, especially in cases where celebrities or public figures are involved.
- Section 14: This section regulates the use of names and representation of living person or recently dead person in trademarks, will require consent for such usage.
- “Common passing off law”: Is also used to protect the misrepresentation of individuals commercial goodwill and reputation. Courts have applied this principle against the unauthorized use of personal identity of a person that creates misconception in public.
JUDGEMENTS OF INDIAN COURTS RELATED TO PERSONALITY RIGHT
These cases mark a significant evolution in the Indian judiciary’s approach from protecting celebrity endorsements to recognizing identity as a fundamental digital right and to protect personality rights.
1) D.M. ENTERTAINMENT PVT. LTD. V. BABY GIFT HOUSE AND ORS, 210 SCC ONLINE DEL 4790.
This is the first registered case of personality right in India court recognized and upheld a celebrity’s “right to publicity” and the court granted a permanent injunction against the defendants to stop the unauthorized sale of the dolls. It also awarded damages of ₹1,00,000 to the plaintiff.
2) AMITABH BACHCHAN VS. RAJAT NAGI, 2022 SCC ONLINE DEL 4110.
In this the Court has granted an ad-interim ex-party injunction in favor of Amitabh Bachchan, thereby restraining defendants from infringing Amitabh Bachchan’s publicity or personality rights by misusing his name ‘Amitabh Bachchan/Bachchan/AB’, voice, image or any other attribute that was exclusively identifiable with him, for any commercial or personal gain without his consent.
3) JAIKISHAN KAKUBHAI SARAF ALIAS JACKEEY SHROFF VS. THE PEPPY STORE & OTHERS, 2024 DHC 4046.
In this the court held that the balance of convenience lied in favor of plaintiff and had established a prima facie case for grant of an ex-party injunction. Thus, the Court restrained several defendants from infringing the plaintiff’s personality/publicity rights and held that Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 be complied with within one week from 15-05-2024. The Court directed the Department of Telecommunication (DoT) and the Ministry Electronics and Information Technology (Meit) to issue necessary directions to telecom service providers and internet service providers to block the infringing URLs/links. And with this ruling the court has protected the actor Jackie Shroff’s personality and publicity rights from commercial exploitation without his permission.
The above mentions cases mark a significant evolution in the Indian judiciary’s approach in safeguarding celebrity endorsement in recognizing personality rights. And these rulings of courts set the significant legal precedent for future cases involving personality rights. It establishes a framework for addressing digital infringements, ensures that unauthorized use individual’s identity can constitute a substantive legal violation.
BEYOND CELEBRITIES: EXPANDING PROTECTION TO ALL
The personality rights were viewed as something that is concerned with celebrities, public figures, and sports personality whose names and images carried commercial value. And most companies use famous faces for their branding and promoting their products and misuse of these identities leads early development of personality rights in India.
However, in today’s digital environment, this perception is changing rapidly. With the rise of social media, everyone has online identity that can be seen, and shared or misused and general individuals can also become victim of digital impersonation, identity theft or unauthorized use of personal information. consequences like emotional distress, reputational harm, or even financial loss can take place.
Indian courts are now recognizing this reality .and the protection of personality right is not limited to fame or market value it is now linked to the fundamental right. Right to privacy and Personal dignity guaranteed under Article 21 of the Indian Constitution. And with this the law is evolving from protecting the faces in limelight to protecting the faces on every smartphone screen ensuring dignity, consent, and respect for all in era of digital world.
THE WAY FORWARD
The Indian judiciary is taking proactive measures in adapting the digital age with both empathy and precision. However judicial creativity alone is not enough to fill the gaps. Legislation must define what constitute identity misuse, set liability for AI-generated content, and impose strict compliance duties on digital platforms.
At society level, digital literacy and awareness campaigns are also important and people must we aware about their rights and remedies when those rights are violated online.
CONCLUSION
In the evolving landscape of technology and social media, identity has become both a personal treasure and a public exposure. Misusing someone’s voice, image, or likeness without consent is not merely a digital offense it is an attack on dignity, privacy, and autonomy.
Indian courts, has firmly recognized personality rights as a part of right to life and personal liberty under article 21 of Indian constitution. The recognition marks a turning point in India’s digital jurisprudence, extending protection beyond fame to safeguard individuality itself.
As technology advances, the law must evolve with it through clear legislation, digital accountability, and public awareness. Ultimately protecting personality rights is about to celebrity; it is about respecting every person’s identity and consent in the digital age.
Author: Vikash Verma, 5th Year Law Student, Amity University, MP
REFERENCES
- The Constitution of India, 1950, Act No. 00 of 1950
- The copyright act, 1957, act no. 14 of 1957
- The trademark act, 1999, act no. 47 of 1999
- D.M. Entertainment Pvt. Ltd. Vs Baby Gift House &Ors. 2010SCCOnLineDel4790.
- https://www.scconline.com/blog/post/2022/11/28/delhi-high-court-grants-ex-parte-ad-interim-injunction-to-amitabh-bachchan-protecting-his-publicity-rights/
- https://jpassociates.co.in/jackie-shroff-takes-legal-action-to-protect-personality-rights-a-deep-dive-into-relevant-provisions-and-cases/