Personality Rights in India: A Landmark Case on Digital Privacy and Celebrity Protection

Understanding Personality Rights

Personality rights, often referred to as the “right of publicity”, allow an individual to control the commercial use of their name, likeness, voice, signature, or any other identifiable aspect of their persona. In India, while these rights are not codified in a standalone statute, they have been increasingly recognized and enforced through judicial precedents under the umbrella of privacy rights, intellectual property, and unfair competition law.

These rights ensure that individuals—particularly celebrities and public figures—retain control over how their image or identity is exploited for economic gain.

The Delhi High Court’s Ruling

Justice Tejas Karia of the Delhi High Court granted Abhishek Bachchan a significant interim injunction to stop unauthorized commercial exploitation of his persona. The Court noted that:

• Using his name, likeness, image, voice, or signature without consent amounted to infringement.
• Such misuse could create confusion about endorsements, dilute his goodwill, and cause irreparable harm to his reputation and economic interests.
• In today’s digital age, where false content spreads instantly, swift judicial intervention was critical.

This order signals the judiciary’s recognition of the urgency to protect reputation and identity in a fast-evolving online environment.

The Technology Dimension: Deepfakes and AI

One of the most striking aspects of the case was the acknowledgment of AI-driven threats. Bachchan’s counsel argued that unauthorized deepfakes, face-morphing, and AI-generated videos could:

• Damage reputation through misleading or defamatory portrayals.
• Create harmful public misunderstandings.
• Undermine the economic value attached to a celebrity’s identity.

The Court highlighted that technology amplifies both the speed and scale of personality rights violations, making regulatory and judicial safeguards more urgent than ever.

Judicial and Regulatory Response

The Court’s order extended beyond restraining the defendants. It directed:

• Google and other digital platforms to take down infringing URLs.
• The Ministry of Electronics and Information Technology (MeitY) to provide details of offenders.

This proactive approach underscores the Indian judiciary’s willingness to hold both individuals and intermediaries accountable, bridging gaps between privacy, technology, and commercial law.

Broader Implications for Indian Celebrities

The ruling sets a precedent for actors, athletes, musicians, influencers, and public figures in India. It reinforces that:

• Personality rights are legally enforceable, even in the absence of explicit statutory codification.
• Unauthorized exploitation—whether through merchandise, fake endorsements, or AI content—is actionable.
• Technology platforms must act responsibly and comply with takedown orders.

For brands, creators, and marketers, this case serves as a cautionary reminder: leveraging a celebrity’s image or persona without consent can lead to serious legal consequences.

Conclusion

The Abhishek Bachchan injunction is more than just a personal legal victory—it is a milestone for personality rights in India. As digital technologies blur the lines between reality and fabrication, courts are stepping in to safeguard reputation, privacy, and economic interests.

For legal practitioners, digital platforms, and content creators, the case underscores the importance of respecting individual personas. For celebrities and public figures, it provides assurance that Indian law is evolving to protect their identity against the challenges of the digital era.