Authored By- TISHIKA MITTAL, UPES

INTRODUCTION

Personality rights constitute an evolving area of intellectual property law, dealing with the protection of an individual’s identity. In simpler terms, personality rights safeguard an individual’s name, image, voice, and other attributes from commercial exploitation. These rights are becoming increasingly vital in today’s world, given the rise of technologies like deepfake AI and social media marketing, which utilize individuals’ identities in ways that can be irreparably damaging.

While countries such as the United States and Germany have already established legal frameworks for personality rights, India is still in the early stages of their legal recognition. This article examines the emergence of personality rights as an intellectual property right, their historical evolution, legal frameworks, case laws, and future implications.

MEANING AND DEFINITION

Personality rights are legal rights that protect a person’s identity and prevent its unauthorized commercial use. These rights encompass the ability to control how one’s name, image, voice, or other identifiers are used. Broadly, personality rights can be categorized into two types:

1. Right to Privacy – The right to prevent others from using one’s identity for commercial gain.
2. Right to Publicity – An individual’s legal right to control the commercial use of their persona.

HISTORICAL EVOLUTION

The development of personality rights in India can be traced back to the infamous Auto Shankar case, formally known as R. Rajagopal v. State of Tamil Nadu.

• R. Rajagopal v. State of Tamil Nadu

In this case, Nakheeran, a Tamil magazine, sought to publish the autobiography of a convicted serial killer, Auto Shankar. The Government of Tamil Nadu and the police opposed the publication, arguing that Shankar’s autobiography exposed corruption and links between law enforcement and criminals. The editor of Nakheeran approached the Supreme Court, claiming that the government’s actions violated their right to publish under Article 19(1)(a) (freedom of speech and expression).

On the other hand, the government argued that the publication was defamatory and violated their right to privacy. The Supreme Court ruled that public officials do not have absolute personality rights and cannot invoke privacy protections to suppress criticism related to their official duties. The Court also clarified that an individual has the right to control the commercial use of their identity, including their life story.

This case significantly influenced the development of personality rights in India. Following this precedent, Indian courts have begun recognizing personality rights, even though there is still no specific statute governing them.

TYPES OF PERSONALITY RIGHTS

• Right to Privacy

The right to privacy, as a personality right, safeguards an individual’s control over their personal information and how it is presented to the world. It ensures autonomy and identity protection by allowing individuals to decide what information about themselves is shared and how it is used.

This right is particularly significant in today’s digital era, where data collection and surveillance have become widespread. It guarantees that personal attributes, such as name, image, likeness, and personal data, are not exploited without consent.

• Right to Publicity

The right to publicity protects individuals from the unauthorized use of their identity by others for financial gain. It prevents commercial exploitation of a person’s name, image, likeness, voice, or other personal identifiers.

For example, if a company uses a famous celebrity’s image in an advertisement without their consent, it would be an infringement of the right to publicity. This right allows individuals to commercially license their persona, ensuring that they benefit from their fame and reputation while safeguarding their identity from misuse.

KEY LEGAL PROVISIONS

Although there is no specific law defining personality rights in India, they are derived from a combination of legal principles and statutes. Some key provisions relevant to personality rights include:

1. Article 21 of the Indian Constitution

   • Article 21 guarantees the right to life and personal liberty, which extends to include the right to privacy. The right to publicity is also an extension of the right to privacy, granting individuals control over their image and likeness.

2. Copyright Act, 1957

   • This Act protects authors and performers, such as actors, singers, and musicians. It grants moral rights, including the right to be identified with their work and the right to prevent its misuse or distortion.

3. Trademarks Act, 1999

   • The Act helps protect personal names and representations from unauthorized commercial use. This ensures that an individual’s name, image, or likeness is not used for business purposes without their consent.

DEFENSES AGAINST PERSONALITY RIGHTS INFRINGEMENT

While personality rights are recognized in India, they are not absolute. Several defenses can be used to counter claims of personality rights infringement. Some of the key defenses include:

1. Freedom of Speech and Expression

   • Courts recognize the public’s right to information and discussion about public figures. Fair use is a key defense in cases where an individual’s name, image, or likeness is used for news reporting, commentary, criticism, or parody.

2. No Identifiable Association

   • If an individual’s personality characteristics are used in a way that does not allow public identification, it may not constitute an infringement. The key question is whether the use creates confusion or misleads the public into associating the individual with a product or service.

3. No Commercial Exploitation

   • Personality rights primarily prevent commercial exploitation of an individual’s identity. Non-commercial uses, such as personal blogs or social media posts, may not be considered violations.

4. Public Interest

   • If the use of a personality attribute serves public interest, it may be legally justified. Courts recognize the balance between personality rights and the public’s right to information.

5. Descriptive or Generic Use

   • If a name, image, or likeness is used in a generic or descriptive manner, it may not constitute an infringement. For instance, using “John Smith” as a fictional character’s name does not violate personality rights.

6. Parody or Satire

   • Courts recognize parody and satire as valid forms of creative expression. Using a person’s personality attributes in a satirical or parodic work is often protected, provided it does not intend to deceive or commercially exploit the individual’s identity.

BALANCING PERSONALITY RIGHTS WITH OTHER INTERESTS

Courts frequently balance personality rights with competing interests, such as freedom of speech, public interest, and artistic expression. The success of a case often depends on how effectively the legal arguments present the dominant interest in a given situation.

Emerging Issues in the Digital Age

1. Deepfake Technology and AI Voice Cloning

The rapid advancement of AI technology has enabled the effortless replication of individuals’ voices and images without their consent. Celebrities and public figures are particularly vulnerable, as seen in the case of BOMHC v. Arijit Singh (2024), where the court ruled against unauthorized AI-generated voice replications.

2. Unapproved Social Media Endorsements

The rise of digital platforms has led to an increase in fake endorsements using celebrities’ images on platforms such as Instagram and Twitter. The court in Fraley v. Facebook held that using a person’s likeness for advertising without permission is unlawful.

3. Cybersquatting and Domain Name Abuse

Cybersquatting, which involves registering domain names in the names of public figures for monetary gains, has become a growing concern. This issue was highlighted in Arun Jaitley v. Network Solutions Pvt. Ltd., where the misuse of a well-known individual’s name for domain registration was challenged in court.

Future Implications

With the rapid advancements in technology and evolving social norms, personality rights are poised for significant transformation. In today’s digital world, these rights play a crucial role in safeguarding personal data privacy and controlling the collection, use, and sharing of personal information. As individuals generate vast amounts of online data, a robust legal framework is essential to manage online identity and reputation effectively.

While AI offers numerous opportunities, it also brings serious threats, such as deepfake-generated content and AI-cloned voices, which pose substantial risks to personality rights. The misuse of AI for identity theft and digital impersonation demands innovative legal solutions to prevent the misappropriation of an individual’s image and voice.

Another critical challenge is algorithmic bias and discrimination based on personality traits, which necessitates ethical considerations and appropriate safeguards. Additionally, as social norms around privacy and publicity evolve, the global nature of the internet requires increased international cooperation to protect personality rights. Harmonizing legal frameworks across jurisdictions and developing international standards will be vital to addressing cross-border issues and ensuring consistent legal protections.

Public education and awareness will also be instrumental in empowering individuals to safeguard their online presence. Digital literacy, coupled with an understanding of personality rights, can enable people to make informed choices about their personal data. Ethical considerations regarding AI and personal data handling must be emphasized to create a responsible and respectful digital environment.

Legal and regulatory responses must adapt to these emerging challenges. Many jurisdictions may need to introduce specific legislation to address the unique legal issues arising from new technologies and shifting social norms. Strengthening enforcement mechanisms and ensuring effective remedies for personality rights violations will be crucial to preventing these rights from becoming mere theoretical concepts.

Courts will continue to play a critical role in balancing personality rights with other fundamental rights, such as freedom of expression. Judicial interpretation will be necessary to navigate the complexities of this balance and ensure that personality rights do not suppress legitimate speech or public discourse. A well-balanced approach will be required to weigh the public interest in free information and discussion against individual rights, ensuring a fair and just outcome for both individuals and society.

Criticisms & Challenges

Despite their significance, personality rights face several criticisms and challenges. One of the primary concerns is the absence of specific legislation in many jurisdictions, leading to vague and inconsistent applications. This lack of clarity creates difficulties in defining legal boundaries and can sometimes restrict freedom of expression.

The ongoing struggle to balance personality rights with free speech, particularly concerning the “public figure exception,” remains a contentious issue. Critics argue that this exception often leads to excessive exposure of celebrities, making it difficult for them to assert control over their image and reputation.

Additionally, the commercial aspects of personality rights can sometimes overshadow the non-commercial concerns related to privacy and individual autonomy. The rise of AI technologies, particularly deepfakes, has made it increasingly challenging to regulate and prevent unauthorized use of a person’s likeness or voice.

Enforcement remains another major hurdle. Protecting personality rights can be costly and legally complex, and jurisdictional challenges in the digital age further complicate legal proceedings. Given the global nature of the internet, cross-border enforcement of personality rights violations is particularly difficult.

Conclusion & Comments

Personality rights are becoming an increasingly vital aspect of intellectual property law, particularly in the digital era. With AI and deepfake technology presenting new threats, there is an urgent need for stronger legal frameworks to protect individuals from unauthorized exploitation.

While countries such as the USA and Germany have established laws specifically addressing personality rights, India continues to rely on judicial precedents for legal protection. The introduction of a dedicated statute in India would provide much-needed clarity and prevent the unauthorized commercial use of individuals’ identities.

As technology continues to evolve, legal systems worldwide must adapt to ensure comprehensive protection of personality rights. Strengthening regulatory mechanisms, fostering international cooperation, and promoting digital literacy will be key to navigating the challenges posed by the digital age while safeguarding the fundamental rights of individuals.