Himanshu Deora on Celebrity Personality Rights: Courts Safeguard Image in Absence of Codified Law

In a recent article published by The Morning Context, Himanshu Deora highlighted the current state of celebrity personality rights in India, emphasizing the absence of codified legislation governing such rights.

Himanshu Deora noted: “Indeed, there is presently no codified legislation in India that exclusively governs personality or publicity rights. The protection available is drawn from a combination of principles under the Constitution, common law and statutory enactments such as the Copyright Act and Trade Marks Act. The courts have recognised these rights through the prism of the fundamental right to privacy, the tort of passing off, and doctrines of unfair competition and misappropriation. In effect, the law has evolved through judicial precedent rather than legislative intent, with courts consistently affirming that the commercial exploitation of a celebrity’s name, likeness, voice or image without consent amounts to actionable infringement.”

He pointed out that the Delhi High Court’s recent ruling in favour of Aishwarya Rai Bachchan highlights this framework. By restraining unauthorised use of her persona in deceptive online advertisements, the Court reaffirmed that celebrity personality rights, though not codified, are enforceable proprietary rights under Indian jurisprudence.

He further highlighted that as emerging risks such as deepfakes and digital misappropriation grow; judicial protection remains crucial until Parliament introduces comprehensive legislation. The ruling reinforces that courts will continue to safeguard celebrity rights through a combination of constitutional principles, common law doctrines, and statutory enactments.

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