Personality Rights: The Growing Trend of Indian Celebrities Seeking Legal Protection in the Digital Age

The digital age has brought unprecedented opportunities for creativity and connection, but it has also opened the door to new forms of exploitation, particularly for public figures. In response, a growing number of Indian celebrities are turning to the courts to protect their 'personality rights' – the right to control the commercial use of their name, image, voice, and other identifiable attributes. R Madhavan is the latest to join this list, securing a ruling from the Delhi High Court that restricts websites and digital platforms from using his likeness without permission.

This legal action follows similar moves by other prominent figures, including Amitabh Bachchan, Aishwarya Rai Bachchan, Abhishek Bachchan, and Salman Khan. These cases highlight a growing concern about the unauthorized use of celebrity images and voices for commercial gain, often without consent or compensation. The Delhi High Court's ruling in Madhavan's favor specifically addresses the removal of obscene and objectionable content, as well as fake trailers for non-existent films like 'Shaitaan 2' and 'Kesari 3'.

The legal basis for personality rights stems from the broader concept of intellectual property. While copyright protects original works of authorship, and trademarks protect brand names and logos, personality rights protect the unique identity of an individual, particularly their public persona. This includes preventing the unauthorized use of their image in advertising, merchandise, or other commercial ventures.

Abhishek Bachchan, in an interview, shed light on his family's decision to seek legal protection. He emphasized the need to shield his daughter from harmful online content and the potential misuse of his family's image. He also underscored the importance of protecting his father, Amitabh Bachchan, from similar exploitation, noting that the subsequent legal victory served as a precedent for other celebrities. Bachchan explicitly urged fellow public figures to consider similar action, especially with the rise of AI-generated content that can blur the lines between reality and fabrication.

The courts are now grappling with the implications of artificial intelligence on personality rights. The Delhi High Court, in Madhavan's case, acknowledged the complexities of AI-generated content and deferred a decision on the broader legal questions surrounding it. This reflects the evolving nature of the law in response to rapidly advancing technology.

The rise of personality rights cases in India reflects a global trend. In the United States, for example, many states have laws protecting an individual's right of publicity, which is similar to personality rights. These laws allow celebrities and other public figures to sue for damages when their image or likeness is used without their consent for commercial purposes. The increasing prevalence of these cases underscores the importance of protecting intellectual property in the digital age, especially for individuals with a high public profile.

Editor’s note: This article was independently written by the Scoopliner Editorial Team using publicly available information.