what is personality rights in india all you need to know
New Delhi : In one of its recent decisions, Delhi High Court has ordered to protect the personality rights of Bollywood actor Anil Kapoor. The court banned the misuse of the actor’s name, picture, voice, characters played in films, his famous film dialogues and other personality traits for commercial gain. Now without the permission of Anil Kapoor, his famous dialogues like ‘Jhakaas’, names of his characters like Mr. India or Majnu Bhai, their voices, pictures etc. cannot be used. A year ago, ‘Great Hero of the Century’ Amitabh Bachchan had also moved the Delhi High Court to protect personality rights. It is not just a matter of misuse of things related to the personality of well-known personalities for commercial gains. Today, through technologies like Artificial Intelligence, the voice of any celebrity can be copied exactly, even fake videos can be made, such audio-video content can be created which looks completely real. In such a situation, the risk of misuse of pictures, voices etc. of celebrities has further increased with technology like AI. After all, what are personality rights? What else did the Delhi High Court say in the Anil Kapoor case? In this issue of Haq ki Baat series, let us understand Personality Rights.
What are personality rights?
Personality rights are rights related to the protection of a person’s personality. There is no separate provision like personality right in the Constitution. This comes under the right to privacy under Article 21. It can be understood like this. There is no separate fundamental right for freedom of the press in the Constitution, whereas it is a part of the fundamental right of freedom of speech and expression given to all citizens under Article 19 (1) A. Similarly, in simple words, personality rights are the rights that protect the privacy related to a person’s personal life. Personality rights are a part of the right to privacy. Apart from this, intellectual property rights like copyright, trademark are also used to protect personality rights.
Although everyone has personality rights, it becomes very important in the case of big and famous personalities. The reason is that the names, photographs or even the voices of these celebrities can be misused in many advertisements. This may hurt his reputation. There may be financial loss. You must have also noticed that whether it is a sugarcane juice shop or small shops at intersections, pictures of film stars can be easily seen on them. This is also a violation of personality rights. But when small companies start misusing things related to celebrities, their pictures, voices etc. to increase their sales, then the matter becomes serious. In such a situation, it becomes necessary for these celebrities to register their names to protect their personality rights. It is necessary to stop the misuse of names, nicknames, pictures, imitations, voices etc. of such celebrities.
One has to face losses along with reputation and this case shows that reputation and fame can turn into losses, affecting one’s right to publicity.
Delhi High Court in the order related to protection of personality rights of Anil Kapoor
Personality rights mainly include two rights. First is the right of publicity. Under this, a person’s photograph or things related to him cannot be used commercially without his permission or without a contract with him. Right of Publicity is very much like a trademark but it cannot be called a trademark. The second right is the right to privacy. That means a person’s right to privacy should not be violated.
- The Copyright Act 1957 also protects personality rights. No one else can take advantage of a person’s hard work without his consent. If so, then the Copyright Act is there to protect his interests.
- Trademark is also an important way to protect personality rights. Under Section 14 of the Indian Trademark Act, 1999, someone’s personal name and its representation cannot be used.
- In 2015, the Madras High Court had given orders to protect the personality rights of superstar Rajinikanth on his petition.
- In 2022, Amitabh Bachchan had also filed a petition in the Delhi High Court saying that many companies were using his name, voice and personality without his permission. He had demanded a ban on this. Amitabh Bachchan had also said in his petition that a lottery advertisement is also running on social media with his picture. The logo of ‘Kaun Banega Crorepati’ is also printed on it. Its purpose is to mislead people. Then the High Court had ordered Internet service providers to remove those online links which were violating the personality rights of Amitabh Bachchan.
Delhi High Court’s order in Anil Kapoor case
Delhi High Court has banned the misuse of Anil Kapoor’s name, picture, voice and other personality traits including his famous dialogue ‘Jhakaas’ for commercial gain. Justice Pratibha M. Singh gave this interim order during the hearing of a case filed by the actor against several websites and platforms. Kapoor had filed a lawsuit alleging misuse of his personality for commercial gain and violation of personality rights. Advocate Praveen Anand, appearing for Anil Kapoor, said that many websites and platforms are misusing his client’s personality traits through various activities. He mentioned unauthorized selling of goods and charging fees using the actor’s photograph, abusive manipulation of his photograph and selling of fake autographs and photographs with ‘jhakaas’ catchphrases. In the petition, a request was made to protect the personality rights of Anil Kapoor in relation to his name, voice, picture, his speaking style and gestures.
Justice Pratibha M. Singh, in her interim order, said there is no doubt that freedom of expression is protected, but when it ‘crosses the line’ and endangers one’s personality rights, it becomes illegal. Is. The High Court said, ‘The plaintiff’s name, voice, dialogues and photographs cannot be allowed to be used illegally and for commercial purposes. The court cannot turn a blind eye to such misuse of someone’s personality traits. The court said that ‘a person has to suffer losses along with his reputation’ and this case shows that ‘reputation and fame can turn into losses’, which can affect his right of publicity.
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This post originally appeared on navbharattimes.indiatimes.com