Safeguarding Personality and Publicity Rights

General Studies Paper-2

Context

Recently, the Delhi High Court has issued a ruling safeguarding the personality and publicity rights of the founder of Isha Foundation.

• It highlights the growing concerns over AI-generated deepfakes and unauthorized use of public figures’ identities.

About the Personality and Publicity Rights

• Personality rights refer to an individual’s ability to control the commercial use of their identity. These rights are often divided into two categories:
  • Right to Privacy: Recognised under Article 21 of the Indian Constitution.
    • Reinforced in the landmark Justice K.S. Puttaswamy v. Union of India (2017) judgment, which elevated privacy to the status of a fundamental right.
  • Right to Publicity: Prevents unauthorized commercial use of a person’s identity.
    • Elements of Personality Rights are name, image, likeness, voice, and signature etc.

Concerns in Personality Rights

• Lack of Comprehensive Legal Framework: India does not have a dedicated law governing personality rights, relying instead on copyright, trademark, and privacy laws.
  • The absence of clear statutory protections makes enforcement difficult.
• AI-Generated Deepfakes & Digital Manipulation: The rise of AI has led to the creation of deepfake videos and voice clones, allowing unauthorized use of a person’s identity.
• Commercial Exploitation Without Consent: Celebrities and influencers often find their likeness used in advertisements without permission.
  • The right to publicity is meant to prevent such misuse, but enforcement is inconsistent.
• Challenges in Enforcement:
  • Jurisdictional Issues: Online violations often involve international platforms, making legal action complex.
  • Balancing Free Speech & Protection: Courts must weigh freedom of expression against personality rights, especially in satire and parody cases.
  • Rogue Websites & Social Media Violations: Websites that misuse personality rights can reappear under different names, making enforcement difficult.

Legal & Constitutional Provisions.

• Copyright Act, 1957: It grants performers rights over their work, ensuring that their image and voice are not used without permission.
• Trade Marks Act, 1999: It allows individuals to trademark their name or likeness, preventing unauthorized commercial use.
• Tort of Passing Off: It prevents misleading commercial use of a person’s identity, ensuring that their reputation is not exploited.
• Advisories, guidelines, and IT rules: Though India lacks specific legislation for Artificial Intelligence (AI) , IT rules govern the advancement of AI, Generative AI, and Large Language Models (LLMs).

Judicial Precedents

• Jackie Shroff Case (2024): Delhi HC restrained unauthorised use of his persona by AI chatbots and e-commerce platforms.
• Krishna Kishore Singh v. Sarla A. Saraogi (2021): SC held that publicity rights are distinct from privacy rights and can outlive the individual.
• Arun Jaitley v. Network Solutions Pvt. Ltd. (2011): Delhi HC acknowledged the commercial significance of one’s name, especially in the digital space.

Global Perspective

• The World Intellectual Property Organization (WIPO) recognizes personality rights as an essential part of intellectual property law.
• Many countries, including the United States and European nations, have specific statutes governing publicity rights, ensuring individuals can control how their identity is used commercially.
  • Ensuring Likeness, Voice, and Image Security Act of 2024 (ELVIS Act) was passed in the State of Tennessee, USA to protect musicians from unauthorised use of their voice, i.e. ‘soundalikes’.