Beyond Fame and Life: The Expanding Scope of Personality Rights in India

Authored by: Himanshu and Rahul

Introduction

In the digital age, identity is currency. A person’s face, name, or voice that was once private now travels across borders and platforms in seconds. Whether it is an actor’s voice used in an AI-generated commercial, or an influencer’s likeness recreated for an online brand, questions of ownership and control have never been more relevant.

Traditionally, personality rights in India were invoked only by established film stars or sports icons. Today, however, courts recognise that protection of one’s persona stems from deeper constitutional values including dignity, privacy, and autonomy rather than celebrity status.

The Legal Foundation of Personality Rights in India

India does not yet have a dedicated statute governing personality rights. Instead, the jurisprudence has developed through a blend of constitutional, intellectual property, and tort principles.

a. Constitutional Basis:

The Supreme Court’s landmark judgment in K.S. Puttaswamy (Retd.) v. Union of India (2017) affirmed the right to privacy as a fundamental right under Article 21. Control over one’s identity, image, and likeness is now viewed as an intrinsic part of that right ensuring respect for personal autonomy and dignity.

b. Overlap with IP and Tort Law:

• Copyright and Performers’ Rights safeguard artistic expression and performance.
• Trade Marks and Passing Off protect against false endorsement or misuse of a person’s name or likeness for commercial gain.
• Tort of Misappropriation addresses unauthorised commercial exploitation of identity.
• Courts therefore recognise personality rights as an intersection of privacy (moral right) and property (economic right).

Who Can Claim Personality Protection?

a. Actors and Performers

Both established and emerging actors may invoke personality rights when their voice, image, or likeness is used without consent. In Amitabh Bachchan v. Rajat Nagi & Ors. (Delhi High Court, 2022), the Court granted an injunction protecting Mr. Bachchan’s voice and image, holding that a person’s identity cannot be commercially exploited without authorisation.

b. Influencers and Digital Creators

Influencers and social-media personalities derive substantial commercial value from their digital presence. Courts have begun recognising that such individuals — whose content or persona commands identifiable goodwill — are entitled to protection from imitation, misrepresentation, or false endorsement.

c. Sports and Public Figures

Athletes and public figures are frequent victims of unauthorised commercial use. In ICC Development (International) Ltd. v. Arvee Enterprises (Delhi High Court, 2003), the Court prohibited unauthorised commercial association with sporting events, recognising the economic value of sporting identity.

d. Ordinary Individuals

While most disputes involve well-known figures, personality rights conceptually extend to any person whose identity is used commercially without consent. The challenge lies in establishing identifiability and commercial harm. Fame strengthens, but does not create, the right.

Do Personality Rights Survive Death?

a. The Emerging Posthumous Dimension:

• Courts are increasingly recognising that certain aspects of personality rights particularly commercial value and legacy can survive death.
• In Titan Industries Ltd. v. M/s Ramkumar Jewellers (2012), the Delhi High Court acknowledged that the right of publicity has commercial components akin to intellectual property, capable of protection beyond the individual’s lifetime.
• More recently, in the Amitabh Bachchan case, the Court observed that heirs and representatives could seek injunctions to protect the deceased’s persona from misuse, preserving both dignity and economic value.

b. Who May Enforce Posthumous Rights

1. Legal Heirs or Estate Representatives: Family members may act to prevent unauthorised use that harms reputation or misrepresents association.
2. Contractual Rights Holders: Production houses, brands, or agencies to whom such rights were assigned may enforce them to protect authorised commercial use.
3. Foundation or Trust Entities: In some cases, estates or charitable trusts formed by the celebrity can manage posthumous image rights.

c. Current Gaps

India lacks statutory clarity on:

• The duration of posthumous protection;
• The transferability of personality rights; and
• The priority between family heirs and contractual assignees.
• Unlike copyright (which endures 60 years post-mortem), personality rights currently depend on judicial discretion.

Judicial Criteria and Considerations

Courts typically evaluate:

• Identifiability: Whether the person is clearly recognisable.
• Commercial Exploitation: Whether the use was for profit or false endorsement.
• Consent: Whether express authorisation was obtained.
• Reputation and Harm: Whether the unauthorised use damages goodwill or dignity.
• Public Interest and Free Speech: Whether the use is protected (e.g., satire, news, criticism).
• Courts grant swift injunctions where misuse implies false endorsement or commercial deception.

Personality Rights in the Age of AI and Deepfakes

Generative AI has blurred the line between creativity and identity theft. Synthetic celebrity voices, AI-generated influencer avatars, and digital replicas raise novel legal questions. Recent Delhi High Court orders restraining AI-generated misuse of celebrity likeness mark the beginning of judicial recognition of digital persona protection. However, legislative intervention will be essential to define liability and consent standards in the AI era.

Practical Guidance

For Talent and Creators

• Include Name, Image, and Likeness (NIL) clauses in all agreements.
• Maintain records of public recognition and authorised uses.
• Act quickly to secure interim injunctions against misuse.

For Families and Estates

• Maintain succession documentation or estate management rights.
• Monitor commercial exploitation of the deceased’s persona.
• Consider establishing a trust or foundation to manage posthumous image rights.

For Brands and Agencies

• Obtain written consent for any identifiable likeness or voice.
• Avoid AI-generated or parody content implying false endorsement.
• Conduct due diligence before associating a persona with a product or campaign.

The Way Forward

India’s courts have paved the way for a robust personality-rights framework, but the absence of statutory codification leaves key questions unresolved. A dedicated legislative framework could define:

• The scope and duration of posthumous rights;
• Transferability and licensing mechanisms; and
• Liability for AI-generated identity misuse.

Such clarity would balance commercial creativity with personal dignity  the twin pillars of personality protection.

Conclusion

Personality rights in India are evolving from a celebrity privilege into a constitutional entitlement. Actors, influencers, creators and even their heirs can protect the commercial and moral integrity of their persona. As technology continues to replicate human likeness with uncanny precision, the law’s central message must remain unchanged:

Identity may inspire the world – but it belongs to the individual, in life and beyond.