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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