Personality Rights in India

Personality rights protect name, image, voice, and likeness in India, balancing privacy, dignity, and free speech in the AI era.

Personality Rights in India

Syllabus: Polity, Fundamental Rights, Privacy (UPSC GS II)
Source: The Hindu

Context

The Delhi High Court recently protected the personality rights of Aishwarya Rai Bachchan and Abhishek Bachchan, preventing AI-generated misuse of their images and voices.

What are Personality Rights?

Definition: Legal rights protecting a person’s name, image, likeness, signature, and voice from unauthorized commercial use.
Constitutional Basis: Rooted in Article 21 – Right to Privacy and Dignity.

Statutory and Legal Anchors

Copyright Act, 1957: Sections 38A & 38B protect performers’ rights.
Trade Marks Act, 1999: Celebrities can trademark names, catchphrases, or signatures.
Common Law Tort (Passing Off): Protects against false endorsement or misuse of goodwill.

Key Judicial Decisions

R. Rajagopal v. State of Tamil Nadu (1994): Privacy and control over identity recognised under Article 21.
Rajinikanth Case (Madras HC, 2015): Use of name/image in films restrained even without proof of deception.
Anil Kapoor Case (Delhi HC, 2023): Protected voice, catchphrases, persona; free speech exception for satire and parody clarified.
Jackie Shroff Case (Delhi HC, 2024): Prohibited misuse on e-commerce and AI platforms; stressed brand equity protection.
Arijit Singh v. Codible Ventures (Bombay HC, 2024): AI voice cloning ruled a violation; highlighted generative AI risks.

Personality Rights vs Free Speech

Article 19(1)(a): Free speech guaranteed but subject to reasonable restrictions (Article 19(2)).
Permissible Uses: Satire, parody, news reporting, art, scholarship.
Prohibited Uses: Commercial exploitation, false endorsement, degrading deepfakes.
DM Entertainment v. Baby Gift House (2010): Courts warned against restricting free speech excessively.

Challenges in the Digital Era

AI & Deepfakes: Voice cloning, synthetic videos, and impersonation threaten privacy.
Rapid Spread: Online content spreads faster than enforcement measures.
Fragmented Laws: No single law covers personality rights; remedies rely on scattered cases.
Women Vulnerability: Rising misuse in revenge porn and morphed images.
Censorship Risk: Over-expansion may limit satire, parody, or political critique.

Way Forward

Comprehensive Legislation: Codify personality rights, harmonizing privacy, IP, and IT laws.
AI Regulation: Mandate watermarking, platform accountability, and liability for misuse.
Clear Exceptions: Protect satire, criticism, and academic use.
Gender-Sensitive Safeguards: Stronger remedies against non-consensual digital misuse.
Awareness & Registration: Voluntary registration of celebrity attributes as intellectual property.

Conclusion

Personality rights are crucial for protecting dignity and identity in the AI-driven digital era. Courts have stepped in to fill legal gaps, but a balanced statutory framework is needed to protect individuals while preserving free expression and democratic values.