What Are Personality Rights and Why Do They Matter Now?

In simple terms, personality rights grant an individual the exclusive control over their name, image, voice, and other unique characteristics. While not explicitly codified in a single Indian law, these rights have been upheld by courts under a mix of existing statutes, including the right to privacy (Article 21 of the Constitution) and intellectual property laws.

For decades, this legal framework was used to combat unauthorized endorsements or merchandise. However, the rise of deepfakes has introduced a new, more dangerous dimension. AI can now clone a celebrity’s face and voice with frightening accuracy, creating fake videos that can be used for:

• Malicious Content: Creating fake, defamatory, or obscene videos that can cause severe reputational damage.
• Fraudulent Endorsements: Using a celebrity’s likeness to endorse a product or service without their consent, misleading consumers and causing financial harm.
• Misinformation and Propaganda: Fabricating videos of public figures “saying” things they never did, with the potential to mislead the public.

Landmark Cases: The Delhi High Court Takes a Firm Stance

The legal battleground has been primarily the Delhi High Court, which has seen a surge in petitions from Bollywood celebrities. Notable cases include:

• The Bachchan Family: Both Aishwarya Rai Bachchan and Abhishek Bachchan have secured injunctions from the court to protect their persona from misuse. The court’s ruling explicitly cited the unauthorized use of their name, image, and likeness for both commercial gain and deepfake creation.
• Amitabh Bachchan: The veteran actor was one of the first to take a decisive stand, securing a landmark “John Doe” order to prevent anyone from using his name, voice, or image without permission.
• Anil Kapoor: The court’s ruling in Anil Kapoor’s case was particularly significant, as it extended the definition of personality rights to include unique mannerisms and catchphrases, like his iconic “jhakaas.”

These judicial actions signal a crucial shift. The courts are recognizing that in the age of AI. The unauthorized exploitation of a person’s identity is not just a commercial violation but a direct assault on their dignity and reputation.

The Road Ahead: Protecting Your Digital Identity

The fight against deepfakes is far from over. As technology becomes more accessible. The threat will only intensify. This legal trend in Bollywood is a critical step towards creating a robust legal precedent in India. It also serves as a warning to tech platforms, content creators. The using a celebrity’s persona without consent carries serious legal consequences.

For the public, this trend highlights the importance of digital literacy. It is now more crucial than ever to question what we see online, and be aware of the tell-tale signs of a deepfake. Such as unnatural movements or inconsistent lighting.

The legal sword drawn by Bollywood stars is not just for their own protection. It’s a move that could help shape the future of digital rights in India. Ensuring that one’s identity remains their own, in both the real and virtual worlds.