PERSONALITY RIGHTS IN INDIA

Understanding Personality Rights

Personality rights(also called publicity rights or right of publicity) refer to an individual’s exclusive right to control and prevent the unauthorised commercial use of their name, image, likeness, voice, signature, or any other unique aspect of their persona. In essence, it means you own your identity — and others cannot exploit it for profit without your consent.

These rights sit at the intersection of privacy, publicity, and intellectual property law, and are increasingly relevant in an age where celebrity faces, AI-generated content, and deepfakes can be monetized overnight.

Under Indian law, personality rights are protected through:

• Article 21 of the Indian Constitution (Right to Privacy and Dignity)

• Copyright Act, 1957 (against unauthorized use of creative expressions)

• Trademark Act, 1999 (through name or likeness registration)

• Tort law (for passing off or misappropriation)

Indian Celebrities Who Have Moved Court for Their Personality Rights in India

India’s courts have seen a sharp rise in lawsuits filed by public figures seeking to protect their image and commercial persona. Some notable examples include:

1. Amitabh Bachchan (2022, Delhi High Court)Filed a suit against unauthorized use of his name, voice, and image in advertisements, lotteries, and AI-based videos. The court granted a permanent injunction, recognizing his personality rights as a part of his right to privacy and dignity.

2. Rajinikanth (2015, Madras High Court)Successfully stopped a film producer from using his name and persona without consent, with the court affirming that a celebrity’s identity holds commercial value.

3. Kamal Haasan (2021)Took legal action over the misuse of his likeness in political campaigns and unauthorized endorsements.

4. MS Dhoni (2022)Filed a complaint when his name and photo were used to promote products without permission, reinforcing that even sports personalities enjoy personality rights.

5. Anil Kapoor (2023, Delhi High Court)Sought an injunction against misuse of his face, name, voice, and iconic gestures (like “jhakaas”) for AI-generated content, GIFs, and merchandise. The court upheld that celebrity image and voice are legally protectable attributes.

6. Daler Mehndi, Jackie Shroff, and Sonu Sood (2024)Followed suit in securing interim injunctions against unauthorised use of their likeness in AI, memes, and merchandise, marking a growing trend in digital personality protection.

Why Personality Rights Matter for Celebrities

1. Protection Against Misuse

Unauthorized use of a celebrity’s name, image, or voice in advertisements, films, or products can mislead the public and dilute personal brand value. Legal protection ensures complete control over how one’s image is monetized.

2. Preventing Deepfake Exploitation

With the rise of AI-generated content, celebrities face the risk of fake endorsements and deepfake misuse. Personality rights empower them to demand takedowns and compensation.

3. Safeguarding Reputation & Legacy

A celebrity’s image is built over decades. Personality rights help prevent misuse in ways that may harm their reputation, dignity, or public perception.

4. Monetizing Image & Identity

These rights also enable lawful and lucrative brand collaborations, licensing deals, and endorsements — while maintaining creative and commercial control.

How Prime8Legal Can Help

At Prime8Legal, we help celebrities, artists, and public figures secure and enforce their personality rights through a strategic mix of intellectual property, media, and technology law.

Our services include:

• Drafting and registering celebrity trademarks (name, tagline, or signature pose)

• Filing injunction suits against misuse in AI, media, or digital content

• Structuring endorsement, licensing, and image rights agreements

• Cross-border enforcement for clients with global exposure

We’ve worked with clients across entertainment, sports, digital media, and business leadership sectors — protecting their identity from unauthorized commercial exploitation.

Contact us Today

📍 Prime8Legal — Intellectual Property & Media Law Experts

Address: 318-B, Saraswati Kunj, Sector 53, Golf Course Road, Gurgaon 122003, India

Phone: +91-9717586165

Email: prime8legal@gmail.com

FAQs on Personality Rights in India

Q1. Are personality rights recognized under Indian law?

Yes. Although not codified, they are recognized under Article 21 (Right to Privacy) and enforced through trademark and tort law.

Q2. Can I register my name or face as a trademark?

Yes. Celebrities can register their name, signature, or tagline as a trademark for goods or services they endorse.

Q3. What if someone uses my AI-generated image without consent?

You can file a legal notice and injunction to stop misuse and seek damages.

Q4. Do influencers have personality rights?

Yes. Any individual with public recognition or commercial appeal can claim protection under personality rights.

Q5. Can personality rights be inherited?

Yes. These rights can continue to exist posthumously and may be exercised by legal heirs or estates.