Recently, a wave of landmark Delhi High Court rulings has brought "Personality Rights" into sharp focus, primarily concerning Bollywood celebrities. Imagine the horror of having AI-generated versions of your image or voice used commercially without consent. Just last September, the Delhi High Court intervened, protecting the images and AI-generated voices of power couple Aishwarya Rai Bachchan and Abhishek Bachchan from unauthorized commercial use. A week later, director Karan Johar received similar relief against "deepfake" images and digital manipulation that sought to distort his public persona. These aren't isolated incidents; figures like Amitabh Bachchan, Shah Rukh Khan, Anil Kapoor, and Jackie Shroff have all sought and received legal protection for their unique attributes.
But what exactly are Personality Rights? They encompass the unauthorized commercial use of elements that define your identity: your name, signature, image, voice, unique style, and other distinctive personal attributes. While there isn't one single law specifically codifying these rights, various existing legal frameworks, such as defamation laws, privacy laws, and specific provisions within the Copyright Act (1957) and Trademark Act (1999), offer protection. For example, many celebrities, including Ajay Devgan, Shah Rukh Khan, and Priyanka Chopra, have trademarked their names to prevent misuse. Even a famous catchphrase, like Anil Kapoor's "Jhakaas," can be protected! However, the lack of a comprehensive law creates a complex landscape, requiring a delicate balance with freedom of expression, a fundamental right. Courts have acknowledged that while public figures can be criticized or satirized, this right isn't absolute and must be balanced with the individual's dignity and autonomy. The core challenge now is to establish a clear legal framework that can keep pace with rapidly evolving technology, ensuring your identity remains your own in the digital age.
