As AI-generated content and deepfakes surge globally, Bollywood celebrities are increasingly seeking legal protection for their personality rights. High-profile stars like Aishwarya Rai Bachchan, Abhishek Bachchan, and director Karan Johar have approached the courts to safeguard their identities from unauthorized use.
What Are Personality Rights?
Personality rights, also called publicity rights, allow an individual to control and profit from their image, name, voice, and unique mannerisms. These rights:
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Protect celebrities from unauthorized commercial exploitation.
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Prevent misuse of images, voices, gestures, or catchphrases.
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Ensure that an individual’s identity cannot be used without explicit consent.
In India, these rights are not codified into law, unlike in California, USA, where statutory laws protect publicity rights. Instead, courts rely on common law principles and related copyright, trademark, and privacy laws to adjudicate cases.
Recent Legal Actions
In recent weeks, Bollywood stars filed pleas with the Delhi High Court to prevent:
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Unauthorized merchandising and promotional use of their images.
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Creation of fake online profiles and websites.
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Production of obscene AI-generated content.
The courts have upheld their personality rights, directing platforms and individuals to remove unlawful content immediately.
Previous landmark cases include:
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Anil Kapoor (2023): Sued for misuse of name, image, and catchphrase “jhakaas.”
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Jackie Shroff (2024): Court prohibited unauthorized use of his name, image, and nicknames.
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Daler Mehndi (2002): Prevented unauthorized dolls bearing his likeness, including singing dolls.
Challenges in India
Despite these victories, India faces challenges:
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No codified law: Personality rights rely on judicial precedent and privacy laws under Article 21 of the Constitution.
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Non-heritability: Rights die with the individual, unlike in the US where publicity rights can be passed to heirs.
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Compensation issues: Courts can stop misuse, but financial or reputational damage often remains uncompensated.
Legal experts suggest that codifying personality rights could:
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Clearly define the scope of rights.
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Include heritability and compensation clauses.
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Provide stronger deterrents against misuse, especially in the era of AI and digital content.
Global Context
Countries like Germany, Japan, and the US treat personality rights as statutory, offering comprehensive legal safeguards. Denmark recently proposed laws ensuring individuals own rights to their face, voice, and body.
Experts caution that laws alone are not sufficient in the age of AI. Awareness and active enforcement of existing legal frameworks are critical to protecting identity and reputation.
“Technology moves faster than laws. It is crucial for individuals to understand their rights and use the courts to enforce them,” says Vindhya S Mani, legal expert.
