It all started quietly on the internet, with fake ads and cloned voices appearing seemingly out of nowhere. Videos that appeared real but were actually manipulated began surfacing, using the likenesses of prominent Indian celebrities without their consent.
As the celebrities became aware of this unauthorized use of their identities, they took legal action one by one, stepping into the courtroom to protect their rights.
“Personality rights” pertain to an individual’s control over the commercial exploitation of their identity, including their name, image, voice, and unique characteristics. In India, these rights have been established through judicial interpretations rather than specific legislation and are based on principles such as the right to privacy under Article 21, intellectual property laws, and copyright regulations.
The turning point in the modern wave of personality rights protection in India can be traced back to a case involving Amitabh Bachchan in 2022, where the Delhi High Court granted interim protection against the unauthorized use of his voice, image, and persona.
Following Bachchan’s case, actor Anil Kapoor sought legal recourse to protect not just his face and name but also his distinctive identity, including his voice and catchphrase “Jhakaas.” The court ruled in Kapoor’s favor, highlighting the importance of safeguarding celebrities’ intangible assets.
With the advent of AI technology, cases involving Aishwarya and Abhishek Bachchan further underscored the urgency in addressing unauthorized use of celebrities’ identities. The courts swiftly acted to remove AI-generated content and protect their digital presence.
Subsequently, more public figures, including Jackie Shroff, Karan Johar, Suniel Shetty, Vivek Oberoi, Kumar Sanu, and Gautam Gambhir, sought legal protection against various forms of misuse related to their identities. The courts granted interim relief to all of them, signaling a shift towards recognizing and safeguarding digital dignity.
The legal battles highlight the evolving landscape of personality rights in the digital age, posing broader legal and ethical questions. While Indian courts are addressing these issues through individual cases, the absence of a comprehensive law underscores the need for a unified framework to protect individuals’ identities online.