Personality rights empower individuals, particularly public figures and celebrities, to manage and control the commercial utilization of their identity. This includes their name, image, voice, likeness, and signature, collectively known as the right of publicity. These rights aim to prevent unauthorized exploitation of an individual’s persona for commercial gain.
In India, there is no standalone statute dedicated to personality rights. Instead, these rights are protected through a blend of constitutional rights and intellectual property laws:
In the context of personality rights, passing off refers to using a celebrity’s persona—such as their name, likeness, voice, or image—in a manner that misleadingly suggests endorsement or association. Even without direct consent, if the public is deceived into believing a false endorsement by a celebrity, courts may deem it passing off. Indian courts increasingly recognize this doctrine, even without formal registration of names or images as trademarks.
With the advent of artificial intelligence (AI), deepfake technology, and the proliferation of social media, the risk of personality misappropriation has surged. Key challenges include:
Several prominent figures have pursued legal action to protect their identities:
As digital technologies continue to evolve, the unauthorized commercial use of personal identity poses significant challenges. In the absence of a unified legal framework, Indian courts have shown adaptability by interpreting existing intellectual property and constitutional laws to safeguard individual dignity and autonomy.
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