How personality rights have become a new issue for cinema stars, and AI has increased the tension among celebrities.

News Topical, Digital Desk : Personality rights refer to an individual's right to derive commercial or other benefits from their identity or personality. This may include a person's name, image, voice, photograph, body language, or even a catchphrase. These rights prevent the misuse or commercial exploitation of a person's identity.

There is no special law in India.

A celebrity can promote a product for a fee, but their personality cannot be used to promote a product without their permission. India doesn't have a specific law governing personality rights, which is why these rights are often violated, as small businesses and shops use images of Bollywood celebrities for their own promotions, which is quite common.

In their petitions to the Delhi High Court, Bollywood celebrities have raised concerns over the misuse of their identities for commercial purposes, creating fake profiles, websites, and pornographic AI-created content, among other things. This is not the first time celebrities have gone to court over this issue. In 2023, Bollywood actor Anil Kapoor filed a lawsuit against several websites and platforms, accusing them of commercially exploiting his name, image, voice, and his catchphrase, "Jhakaas," which became associated with him after it wasused in one of his films.

Jackie Shroff gets personality rights

Last year, the Delhi High Court upheld actor Jackie Shroff's personality rights, blocking his permission to use his name, image, and even surname. The courts have upheld his personality rights and directed the relevant platforms to remove unlawful content.

But despite legal victories, India still has a long way to go in protecting publicity rights, especially compared to Western countries. This is because there is no separate law for this issue. Vindhya S. Mani, partner at Lakshmikumaran & Sridharan Attorneys, says that Indian courts also rely on other laws related to promotion—such as copyright, trademark, and fundamental rights enshrined in the Indian Constitution—to fight cases. This is different from countries like Germany, Japan, and the United States, where personality rights are part of the law.

Sushant Singh was denied personality rights.

In 2021, when actor Sushant Singh Rajput's father sought a stay on the screening of a film based on his late son's life, the Delhi High Court refused to stay the film's release, stating that Rajput's rights to privacy, promotion and personality were not innate.

In addition to all this, AI has also increased the concerns of celebrities. Over the past few years, many celebrities have spoken out against deepfake videos. Now, new AI trends are appearing even more realistic and realistic, which is also creating fear.

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