Personality Rights in India: Protecting Identity in the Age of Digital Exploitation

Personality rights are increasingly recognized as a vital aspect of individual autonomy in India. They safeguard a person’s name, image, voice, and likeness from unauthorized commercial or public use. In today’s digital era, where deepfakes, AI-generated content, and social media misuse are rampant, personality rights have become central to debates on privacy, intellectual property, and human dignity. This article explores the concept, legal basis, landmark judgments, challenges, and the way forward for personality rights in India.

What Are Personality Rights?

Personality rights refer to the right of an individual to control the commercial use of their identity. This includes their:

• Name

• Image or likeness

• Voice

• Signature

• Distinctive traits

These rights ensure that no one can exploit another person’s identity for profit or publicity without consent. While often associated with celebrities, personality rights apply to all individuals, protecting them from misuse of their persona.

Legal Basis in India

India does not have a specific statute dedicated to personality rights. Instead, they are protected through a combination of:

• Intellectual Property Laws (trademark, copyright, passing off)

• Privacy Rights under Article 21 of the Constitution

• Judicial precedents that recognize personality rights as part of the right to life and dignity

The judiciary has played a crucial role in expanding the scope of personality rights, especially in cases involving celebrities and public figures.

Landmark Judgments

Several judgments have shaped the recognition of personality rights in India:

1. ICC Development (International) Ltd. v. Arvee Enterprises (2003)

   • The Delhi High Court held that the right of publicity is inherent in an individual and cannot be exploited without consent.

2. Titan Industries Ltd. v. Ramkumar Jewellers (2012)

   • The court protected the image rights of actors Amitabh Bachchan and Jaya Bachchan, ruling that their photographs could not be used for commercial gain without authorization.

3. DM Entertainment v. Baby Gift House (2003)

   • The court recognized singer Daler Mehndi’s personality rights, preventing unauthorized use of his likeness on merchandise.

4. Recent Cases (2025)

5. The Delhi High Court protected the personality rights of Bollywood actors Aishwarya Rai Bachchan, Abhishek Bachchan, and filmmaker Karan Johar against misuse of their images and voices through AI-generated content.

These cases highlight the judiciary’s proactive stance in safeguarding identity against unauthorized exploitation.

Why Personality Rights Matter Today

In the digital age, personality rights are more important than ever:

• Celebrity Endorsements: Brands rely heavily on celebrity images to market products. Unauthorized use undermines both the celebrity’s reputation and the brand’s credibility.

• AI & Deepfakes: Advances in AI allow replication of voices and faces, raising concerns about consent and authenticity.

• Social Media Misuse: Fake accounts and manipulated content can damage reputations and cause psychological harm.

• Commercial Exploitation: Unauthorized merchandising, advertisements, and films often exploit public figures without compensation.

Psychological and Social Dimensions

Beyond commercial harm, misuse of identity can cause mental distress. Victims may experience:

• Loss of dignity and autonomy

• Anxiety over reputation damage

• Emotional trauma from public ridicule or misrepresentation

Thus, personality rights are not just about economics, they are about human dignity and psychological well-being.

Challenges in India

Despite judicial recognition, personality rights face several challenges:

1. Absence of a dedicated statute: Current protections are scattered across IP and privacy laws.

2. Overlap with Freedom of Expression: Balancing personality rights with media freedom and parody is complex.

3. Digital Enforcement: Policing misuse across global digital platforms is difficult.

4. Consent & Licensing Issues: Lack of standardized frameworks for licensing personality rights creates ambiguity.

The Way Forward

To strengthen personality rights in India, several steps are needed:

• Dedicated Legislation: A comprehensive law defining personality rights, scope, and remedies.

• Digital Safeguards: Mechanisms to tackle AI misuse, deepfakes, and online impersonation.

• Clear Licensing Frameworks: Standardized contracts for endorsements and commercial use.

• Awareness Campaigns: Educating individuals about their rights to prevent exploitation.

• International Collaboration: Since misuse often originates globally, cross-border cooperation is essential.

Conclusion

Personality rights in India are evolving rapidly, driven by judicial activism and technological challenges. While celebrities often dominate discussions, these rights belong to every individual, ensuring control over their identity and dignity. In an era where digital exploitation is rampant, protecting personality rights is not just a legal necessity but a moral imperative.

India must move toward a dedicated legal framework that balances commercial interests, freedom of expression, and individual autonomy. Only then can personality rights truly safeguard identities in the digital age.