How are courts protecting personality rights?

For Preliminary Examination: Current events of national and international Significance

For Mains Examination: GS II - Indian Polity

Context:

The Delhi High Court has recently issued a series of orders protecting the personality rights of Bollywood celebrities from unauthorised commercial use. On September 9 and 10, Justice Tejas Karia granted relief to actors Aishwarya Rai Bachchan and Abhishek Bachchan, after they flagged the misuse of their images and voices through AI-generated content and merchandise. A week later, Justice Manmeet P.S. Arora extended similar protections to filmmaker Karan Johar, by barring the unauthorised use of his persona through deepfakes, and other digital manipulation. Actors Amitabh Bachchan, Anil Kapoor, and Jackie Shroff have already secured such protections. These petitions signal a wider push for judicial recognition of personality rights in the digital era.

Read about:

Copyright Act, 1957

Are personality rights protected?

Key takeaways:

• Personality rights protect an individual’s identity markers—such as name, image, likeness, voice, signature, and other unique features—from being commercially misused without consent.
• Although India does not have a single codified law on this subject, these rights are recognised through common law principles relating to privacy, defamation, and publicity, and are further strengthened by judicial rulings.
• Remedies available to courts include injunctions, monetary compensation, and takedown orders to prevent misuse in advertisements, merchandise, AI-generated material, or online platforms.
• Legal recognition is scattered across different intellectual property statutes. Under the Copyright Act, 1957, performers enjoy both exclusive rights (Section 38A) and moral rights (Section 38B), giving them authority to control the use of their performances and object to distortion or unauthorised reproduction.
• Similarly, the Trade Marks Act, 1999, allows public figures to register personal identifiers—such as names, signatures, and popular phrases—as trademarks. Celebrities like Shah Rukh Khan, Priyanka Chopra, Ajay Devgn, and Amitabh Bachchan have secured trademark registrations for their names.
• Still, the strongest protection often arises from the tort of “passing off” under Section 27 of the Trade Marks Act, which safeguards the goodwill attached to an unregistered mark and prevents misrepresentation suggesting false association or endorsement.
• However, courts usually require proof of reputation and goodwill before offering relief, making such protection conditional.
• At its core, personality rights are linked to autonomy and privacy under Article 21 of the Constitution. When a celebrity chooses to feature in a campaign, film, or advertisement, they exercise agency over their public persona.
• But unauthorised uses—such as printing their photographs on products or generating deepfakes and AI chatbots in their likeness—strip them of this autonomy, eroding both dignity and control.

Judicial Developments

• The doctrine of personality rights in India originates from R. Rajagopal v. State of Tamil Nadu (1994), where the Supreme Court recognised the individual’s right to control the use of their identity while linking it to the constitutional right to privacy.
• In this case, the Court allowed post-publication remedies like defamation suits but ruled against prior censorship, clarifying that personal details already in the public record may be published without consent.
• Later, in a case involving actor Rajinikanth, the Madras High Court restrained the release of the film Main Hoon Rajnikanth, holding that celebrities can prevent unauthorised commercial use of their identity even without proof of deception, provided they are clearly recognisable.
• The digital era has brought newer challenges. In 2023, the Delhi High Court granted Anil Kapoor broad protection over his persona—including his name, image, voice, likeness, and even his iconic expression “jhakaas.”
• Justice Prathiba Singh clarified that legitimate uses such as critique, satire, or parody are shielded under free speech, but commercial exploitation or tarnishment is unlawful.
• Similarly, in 2024, the Delhi High Court protected Jackie Shroff’s identity against unauthorised use by e-commerce sites and AI platforms, observing that such misuse not only violates rights but also weakens the commercial value built by the actor.
• The Bombay High Court further extended this principle to AI-related threats in a case brought by singer Arijit Singh.
• The court prohibited the unauthorised cloning of his voice through AI tools, reaffirming that traits such as name, voice, and likeness fall within personality rights. Justice R.I. Chagla voiced concern over the growing risks of generative AI, highlighting how artists are increasingly vulnerable to its misuse.

Balancing with Free Expression

• The wide scope of personality rights raises concerns about curtailing free speech. Article 19(1)(a) protects the right to free expression, which covers satire, parody, and criticism of public figures. Indian courts have consistently balanced this freedom with the individual’s right to dignity.
• In DM Entertainment Pvt. Ltd. v. Baby Gift House (2010), where singer Daler Mehndi’s rights were invoked against shops selling dolls resembling him, the Delhi High Court granted an injunction but cautioned that caricature and parody ordinarily fall outside the scope of infringement. The court warned that overprotecting publicity rights could chill legitimate free speech.
• This balance was reaffirmed in Digital Collectibles PTE Ltd. v. Galactus Funware Technology Pvt. Ltd. (2023), involving unauthorised use of sports stars’ images.
• The Delhi High Court held that while commercial misrepresentation is prohibited, content already in the public domain or used for satire, criticism, or artistic purposes cannot automatically amount to infringement.
• Justice Amit Bansal emphasised that expressions such as lampooning, parody, art, or academic work remain legitimate exercises of free speech

Follow Up Question

Mains

1.Discuss the impediments India is facing in its pursuit of a permanent seat in the UN Security Council (UPSC CSE 2015)

Prelims

Election Commission of India

For Preliminary Examination:  Current events of national and international Significance like ECINet portal and app

For Mains Examination: GS II - Indian Polity

Context:

The Election Commission has rolled out a new ‘e-sign’ feature on its ECINet portal and app, which requires those seeking to register as voters, or applying for deletion and corrections, to verify their identity using their Aadhaar-linked phone numbers

Read about:

What is the Form 7 of the Election Commission?

Who has the responsibility of preparing an electoral roll?

Key takeaways:

• Electoral registration officers (EROs) of parliamentary constituencies are authorised under Section 22 of the Representation of the People Act, 1950 to amend or remove names from the electoral roll, either on their own initiative or based on applications received.
• Before doing so, they must carry out an inquiry, give the concerned voter an opportunity to respond, and then issue a formal order.
• An entry in the roll can be deleted if the voter has passed away, shifted residence outside the constituency, or is otherwise ineligible—such as not being an Indian citizen or being below 18 years of age.
• The Registration of Electors Rules, 1960 prescribes the forms for new enrolment, corrections, and deletions. Form 7 is used to raise objections regarding the inclusion or deletion of a name, whether by an elector wishing to remove their own name or by one challenging the eligibility of another voter in the constituency.
• The Election Commission’s recent update follows allegations by Opposition leader Rahul Gandhi, who claimed misuse of online voter deletion forms in Karnataka’s Aland constituency ahead of the 2023 Assembly elections, calling it part of “electoral fraud.”
• Previously, applicants could submit forms on the EC’s portal or apps by linking a phone number to their Electors Photo Identity Card (EPIC) number, without any verification of whether the details matched. Now, the process includes an e-sign authentication requirement on the EC’s ECINet portal, introduced this week.
• Applicants filling Form 6 (new voter registration), Form 7 (inclusion/deletion objections), or Form 8 (corrections) must clear the e-sign step. They are reminded that the name on the voter card must match the Aadhaar record and the mobile number used must be Aadhaar-linked.
• Once the form is filled, applicants are redirected to an external e-sign page managed by the Centre for Development of Advanced Computing (CDAC) under the Union Ministry of Electronics and IT.
• There, they must enter their Aadhaar number, receive a one-time password (OTP) on the registered mobile, and give consent for Aadhaar-based authentication. Only after this verification are they redirected back to ECINet to submit the form.
• According to officials, this step significantly reduces the scope for manipulation such as that alleged in Aland.
• The ECINet platform, launched earlier this year, integrates around 40 earlier portals and apps, including ERONet (introduced in 2018 for EROs). It allows electors to submit applications and enables Booth Level Officers and EROs to process them following due inquiry

Additional Information

• The Election Commission of India (ECI) is a constitutional body entrusted with the responsibility of conducting free, fair, and impartial elections in the country. Established under Article 324 of the Constitution, it has the authority to supervise, direct, and control the entire process of elections to Parliament, State Legislatures, and the offices of the President and Vice-President. Its powers are both broad and comprehensive, ensuring that the democratic process functions smoothly and without undue influence.
• The Commission has the power to decide on every aspect of the electoral process, beginning with the preparation of electoral rolls.
• It oversees the registration of political parties, monitors their functioning, and grants or withdraws recognition to them under the Election Symbols (Reservation and Allotment) Order.
• This authority also extends to the allotment of symbols to parties and candidates, which forms an important aspect of India’s electoral identity system.
• In matters of law and order during elections, the Commission issues guidelines to state governments and ensures the deployment of central and state forces wherever necessary to maintain peace and security at polling stations.
• It also lays down a Model Code of Conduct, which political parties and candidates are bound to follow from the time elections are announced until the process concludes.
• The Commission has the power to censure or take action against violations, thereby maintaining the ethical standards of electoral democracy.
• The Election Commission plays a critical role in ensuring transparency. It monitors election expenditure by candidates and political parties, imposes limits to prevent undue money power, and has mechanisms for auditing and scrutiny of accounts.
• It also has the authority to counter malpractices such as booth capturing, impersonation, bribery, and undue influence, and can order repolling if necessary.
• Apart from these operational functions, the Commission also acts as a quasi-judicial body. It settles disputes relating to splits and mergers in political parties, and adjudicates issues concerning the disqualification of legislators on grounds such as defection, corrupt practices, or failure to submit accounts of election expenditure.
• In this sense, it functions not merely as an administrative authority but also as a guardian of democratic norms.
• With the advent of technology, the Election Commission has introduced innovations such as Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT) systems to enhance accuracy and build voter confidence.
• It has also developed online platforms for voter registration and monitoring, ensuring accessibility and efficiency in the electoral process.
• Thus, the powers and functions of the Election Commission are not confined to conducting the mechanics of polling alone; they extend to preserving the integrity of the electoral system, safeguarding the level playing field among political parties, and upholding the principles of democracy.
• The Commission serves as an independent constitutional authority, insulated from executive interference, and plays a pivotal role in ensuring that the people’s will is freely and fairly expressed through elections