Since there is no such law in India that defines “ Personality Rights”, the courts have sought to protect the personality rights by invoking Article 19(1)(a) and Article 21 of the constitution of India. Personality rights essentially treats a person’s identity as their own private property, and applies to anyone whose identity has a commercial value. The law splits these rights into distinct buckets, namely a) Right to Privacy b) Right to Publicity. With the rise of Generative AI and Deepfakes, someone can now “borrow” a celebrity’s voice to narrate a video or put a famous face into a commercial without them ever stepping foot in a studio. More notably, the Indian courts have recently stepped up to protect the ‘Human essence’ of the public figures in cases like Anil Kapoor v. Simply Life India & Ors., Amitabh Bachchan v. Rajat Negi & Ors . The law is not about total blackout on using a celebrity’s image. The Court usually asks whether the usage is for profit or for expression to maintain the delicate balance between a person’s rights and the public’s Freedom of Speech. As we move deeper into the era of AI, these rights will be the primary shield protecting human dignity from digital duplication.
