Safeguarding Personality and Publicity Rights

Syllabus: GS2/Government Policies & Interventions; Intellectual Property Rights

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’.

Source: TH