In today’s digital world, your name, face, voice, and identity can be copied, edited, and circulated within seconds. From deepfake videos to unauthorised brand endorsements, misuse of personal identity has become common. This is where personality rights step in.
If you are a creator, influencer, public figure, lawyer, or even a private individual with an online presence, understanding personality rights is no longer optional. This guide explains what personality rights are, how they work in India, and how you can protect yourself legally.
What Are Personality Rights?
Personality rights are legal rights that protect your identity and personal attributes from unauthorised use. These include your name, photograph, voice, signature, likeness, mannerisms, and sometimes even your reputation or persona.
In simple terms, personality rights give you control over how your identity is used, especially for commercial or public purposes.
These rights ensure that no one can use your identity for profit, publicity, or promotion without your permission. This applies not just to celebrities but also to private individuals.
Why Do Personality Rights Matter in Today’s Digital Age?
The rise of social media, influencer marketing, AI tools, and deepfake technology has increased identity misuse.
You may face situations where:
- Your photo is used in an advertisement without consent
- Your name is used to endorse a product you never approved
- Your voice or face is replicated using AI
- Your identity is used to mislead the public
Personality rights act as a legal shield against such misuse. They help you protect your dignity, reputation, and economic value attached to your identity.
Are Personality Rights Recognised Under Indian Law?
India does not have a specific statute called the Personality Rights Act. However, courts have strongly recognised these rights through constitutional principles and judicial precedents.
Personality rights in India are primarily derived from:
- Article 21 of the Constitution of India
- Right to privacy
- Right to dignity
- Tort law principles
- Intellectual property laws in limited contexts
Indian courts have consistently held that unauthorised commercial exploitation of a person’s identity violates their personality rights.
How Are Personality Rights Linked to the Right to Privacy?
Personality rights are closely connected to the right to privacy, which is a fundamental right under Article 21.
Your identity is considered an extension of your personality. Any unauthorised use of your name, image, or likeness intrudes into your private sphere and violates your autonomy.
Courts have recognised that privacy does not end just because a person is famous. Even public figures retain control over how their identity is used commercially.
What Is the Difference Between Personality Rights and the Right of Publicity?
While the terms are often used interchangeably, there is a subtle difference.
Personality Rights
- Broader in scope
- Focus on dignity, privacy, and identity
- Applicable to both private individuals and public figures
Right of Publicity
- Narrower and commercially focused
- Protects the economic value of identity
- Mostly invoked by celebrities and public figures
In India, courts generally use the term personality rights to cover both concepts.
Who Can Claim Personality Rights in India?
Contrary to popular belief, personality rights are not limited to celebrities.
You can claim personality rights if:
- Your identity is recognisable
- Your name, image, or voice is misused
- The use is unauthorised and causes harm or unfair gain
Celebrities, influencers, sportspersons, content creators, and even private individuals can enforce these rights if their identity is exploited.
What Amounts to Infringement of Personality Rights?
Personality rights are infringed when your identity is used without consent in a manner that causes harm, misleads the public, or results in unfair commercial gain.
Common examples include:
- Using your photo in advertisements without permission
- Creating AI generated videos or voices resembling you
- Using your name or likeness to endorse products
- Publishing manipulated images or deepfakes
- Using celebrity lookalikes to mislead consumers
The key factor is lack of consent and commercial or reputational harm.
How Have Indian Courts Protected Personality Rights?
Indian courts have played a major role in developing personality rights jurisprudence.
R Rajagopal vs State of Tamil Nadu
The Supreme Court recognised that the right to privacy includes protection against unauthorised publication of personal matters.
ICC Development vs Arvee Enterprises
The Delhi High Court held that the right of publicity arises from the right to privacy and belongs to an individual, not an event organiser.
Amitabh Bachchan Personality Rights Case
The Delhi High Court granted wide protection against unauthorised use of Amitabh Bachchan’s name, voice, image, and persona, including in digital and virtual formats.
These cases show that Indian courts are increasingly proactive in protecting identity rights.
How Do Personality Rights Apply to AI and Deepfake Technology?
AI has introduced a new layer of risk to personality rights.
You may encounter:
- AI generated voice clones
- Deepfake videos
- Synthetic endorsements
- Virtual avatars resembling real people
Indian courts have recognised that misuse of identity through technology still amounts to personality rights infringement.
Even if the content is generated by AI, liability arises if:
- Your identity is recognisable
- There is no consent
- There is commercial or reputational harm
This makes personality rights highly relevant in the media and entertainment industry today.
Are Personality Rights Absolute?
Personality rights are not absolute and must be balanced with other rights such as freedom of speech and expression.
Permissible uses may include:
- News reporting
- Public interest content
- Satire and parody
- Educational use without commercial intent
However, commercial exploitation without consent is rarely protected.
Courts usually examine intent, context, and impact before deciding infringement.
What Legal Remedies Are Available for Personality Rights Violation?
If your personality rights are violated, you can seek multiple remedies.
Civil Remedies
- Injunction to stop unauthorised use
- Damages or compensation
- Account of profits
Criminal Remedies
- Cheating or impersonation in serious cases
- Cyber law provisions
Interim Relief
Courts often grant urgent injunctions to prevent further misuse, especially in digital cases.
Legal action is most effective when taken early, before widespread circulation.
How Can You Protect Your Personality Rights Proactively?
While legal remedies exist, prevention is always better.
You should:
- Clearly define consent in contracts
- Register trademarks where applicable
- Monitor online misuse
- Act quickly against unauthorised content
- Seek legal advice before collaborations
For creators and professionals, understanding personality rights is essential to safeguard long term reputation and income.
Why Should Law Students and Lawyers Understand Personality Rights?
Personality rights are no longer niche. They intersect with:
- Media and entertainment law
- Intellectual property law
- Privacy law
- Technology and AI regulation
- Advertising and branding laws
As disputes rise, lawyers with knowledge of personality rights will be in high demand across litigation, advisory, and policy roles.
Want to Learn Personality Rights Practically?
If you want to understand personality rights through real cases, drafting strategies, and current industry practices, LawMento’s Personality Rights Course is designed for law students and professionals.
Enrol in the Personality Rights Course on LawMento. Learn how to handle identity misuse, celebrity disputes, AI issues, and media law challenges with confidence.