Delhi High Court granted protection to personality rights of a famous Bollywood actor | Current Affairs | Vision IAS
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Delhi High Court granted protection to personality rights of a famous Bollywood actor

Posted 20 May 2024

2 min read

Court, in an interim order, restrained various entities – e-commerce stores, AI chatbots, etc. – from misusing actor’s name, image, voice, and likeness without his consent.

Personality Rights

  • It refers to the right of a person to protect his/her personality including name, voice, signature, images, or any other feature easily identified as markers of personality.
  • Personality rights are not expressly mentioned in any statute in India but are traced to fall under right to privacy and right to property.
  • 2 components:
    • Right to publicity: Right to protect one’s image and likeness from being commercially exploited without permission.
      • It is governed by statutes like Trade Marks Act, 1999 and Copyright Act, 1957.
    • Right to privacy: Right to not have one’s personality represented publicly without permission.
      • It is broadly governed under Article 21 of the Constitution and the Supreme Court judgment in Justice K.S. Puttaswamy (Retd.) Case (2017).

Posthumous Personality Rights

  • Defamation suit can be filed under the Indian Penal Code for derogatory representation of any deceased person's reputation or their family.
  • Emblems and Names (Prevention of Improper Use) Act, 1950 protects unauthorized use of few dignitaries’ names and symbols listed in its schedule.

Important Judicial pronouncements

  • ICC Development (International) Ltd. vs. Arvee Enterprises, 2003 (Delhi HC): Any effort to take away publicity right from the individuals would be violative of Articles 19 and 21.  
  • Arun Jaitley vs Network Solutions Private Limited and Ors case, 2011 (Delhi HC): Popularity or fame of an individual will be no different on the internet than in reality.
  • Deepa Jayakumar vs A.L. Vijay, 2019 (Madras HC): Personality, publicity, and privacy rights of an individual cannot be inherited by a person's legal heir after his/her death. 
  • Tags :
  • Article 21
  • Personality Rights
  • Right to Privacy
  • Copyright Act, 1957
  • Right to Publicity
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