Published on: December 27, 2025

PERSONALITY RIGHTS

PERSONALITY RIGHTS

NEWS – The Delhi High Court recently restrained the unauthorised commercial use of actor R. Madhavan’s name, image, and likeness, ordered takedown of obscene/AI-generated content, and barred sale of merchandise misusing his persona. Similar disputes have been brought by celebrities like Aishwarya Rai Bachchan, Abhishek Bachchan, and NTR Jr, amid rising AI-generated impersonation.

WHAT ARE PERSONALITY RIGHTS?

  • Protect an individual’s:
    • Name
    • Image / Likeness
    • Voice
    • Signature
    • Distinctive identity traits
  • Prevent unauthorised commercial exploitation, false endorsements, reputation damage and misuse in AI-generated deepfakes.

HOW ARE PERSONALITY RIGHTS PROTECTED IN INDIA? (NO SINGLE LAW YET)

India lacks a dedicated statute, so courts derive personality rights through a blend of IP and constitutional law:

  1. Copyright Act, 1957
  • Section 38A: Performer’s exclusive rights over use of performance
  • Section 38B: Moral rights → performers can object to distortion/misuse harming reputation
  • Recognises “Performer’s Rights” for 50 years.
  1. Trademarks Act, 1999
  • Allows registration of:
    • Names
    • Signatures
    • Phrases / Symbols linked with persona
  • Section 27(2): Passing Off
    • Prevents misleading public into believing endorsement where none exists.
  1. Article 21 – Right to Life & Personal Liberty
  • Judicially expanded to cover:
    • Dignity
    • Privacy
    • Autonomy
  • Courts recognise control over one’s identity and consent in its use.

COPYRIGHT VS TRADEMARK

CopyrightTrademark
Protects creative expressionsProtects identity marks used in commerce
Limited term protectionCan be perpetual with renewal
Primarily against copyingPrimarily against confusion/misrepresentation

PERFORMER’S RIGHTS

  • Performance cannot be reproduced, recorded, broadcast without consent.
  • Performers retain Right to Receive Royalty (R3) even after assigning rights.
  • Protects singers, actors, musicians from exploitation.

CURRENT JUDICIAL TREND

Courts are increasingly:

  • Passing urgent injunctions
  • Blocking current and future URLs
  • Ordering immediate intermediary compliance
  • Recognising preventive enforcement, not only post-misuse remedies

CHALLENGES IN PROTECTING PERSONALITY RIGHTS

  • No dedicated legislation
  • Fragmented remedies
  • Proof of goodwill & reputation required
  • Balancing Article 19(1)(a) Free Speech
    • Must protect satire, parody, criticism, journalism
  • Weak digital enforcement
  • No compliance audits for takedown orders
  • No statutory rules on AI-generated impersonation or consent

AI MAKES IT HARDER

  • Deepfakes
  • Synthetic voice cloning
  • Fake endorsements
  • Sexualised AI morphed content
  • Training AI models using personal likeness without consent

India lacks:

  • Consent framework for digital likeness
  • Protection against AI persona theft
  • Rules for data usage in generative models

Meanwhile, New York State mandates disclosure of AI likeness in ads + requires consent + penalties, with exceptions for expressive works.

IT RULES 2021: ENFORCEMENT PATHWAY

  • Platforms must act within 36 hours upon court/government order.
  • Still no:
    • Standard compliance reporting
    • Oversight mechanism
    • Accountability framework

WAY FORWARD

  • Dedicated Personality Rights Law
  • Clear AI Deepfake Regulations
  • Consent-based digital likeness framework
  • Strong intermediary accountability
  • Protection for:
    • Artists
    • Sports icons
    • Public figures
    • Ordinary citizens
  • Balance free speech vs reputation rights