Protecting Personality Rights in India

Introduction

Aryan is a household name in India, a Bollywood superstar whose journey from humble beginnings to cinematic stardom has captivated millions. With a string of blockbuster films, multiple awards, and a massive fan base, his name, voice, and image are instantly recognisable. Beyond fame, Aryan’s identity, his persona, has become a valuable asset, embodying years of hard-earned goodwill, respect, and commercial potential.

Seeing an opportunity to monetise her growing audience, Mamta takes it further. Without Aryan’s consent, she launches an online store selling T-shirts, mugs, and posters emblazoned with his likeness. Fans, assuming these products are officially endorsed, eagerly purchase them, unaware of the unauthorised nature of the merchandise. Mamta’s actions not only exploit Aryan’s image for profit but also mislead his supporters, diluting the trust and authenticity tied to his brand.

When Aryan discovers Mamta’s actions, he is dismayed. The false narratives on her channel threaten his dignity, spreading misinformation that could erode the admiration he has earned over decades. The unauthorised merchandise, meanwhile, infringes on his commercial rights, allowing Mamta to profit from his identity without permission. Worse, the public’s misconception that Aryan endorses these products risks damaging his credibility and goodwill.

Determined to protect his reputation and rights, Aryan turns to the legal system. He files a lawsuit against Mamta, asserting three key arguments:

• Mamta is prohibited from selling any products featuring Aryan’s image or name without explicit permission.
• Her YouTube channel is ordered to remove all defamatory or misleading content related to Aryan.
• Social media platforms are directed to take down unauthorised accounts or posts impersonating or exploiting Aryan’s identity.

In its interim ruling, the court emphasises that personality rights in India extend beyond mere commercial interests. These rights are deeply tied to the constitutional protections of dignity and privacy under Article 21 of the Indian Constitution. The unauthorised use of a celebrity’s persona, whether through spreading falsehoods or profiting from their image, is not only a legal violation but also a moral transgression. The court’s decision underscores that every individual, especially public figures, has the right to control how their identity is used and to safeguard their reputation from exploitation.

Complying with the court’s orders, Mamta halts her unauthorised activities. She removes the offending videos and shuts down her merchandise store. Aryan’s legal victory not only restores his reputation but also sets a powerful precedent for others in the public eye.

Aryan’s story mirrors real-world legal battles in India, where courts have increasingly recognised and upheld personality rights. Landmark cases such as Karan Johar v. Ashok Kumar/John Doe & Ors., Abhishek Bachchan v. The Bollywood Tee Shop & Ors., and Aishwarya Rai Bachchan v. AishwaryaWorld.com & Ors. have established that celebrities possess enforceable rights over their name, image, and likeness. These rulings protect both their personal dignity and their commercial identity, ensuring that unauthorised exploitation, whether through fake news, impersonation, or merchandise, faces legal consequences.

The tale of Aryan and Mamta serves as a cautionary reminder of the power and responsibility that come with digital platforms. While social media offers opportunities for creativity and connection, it also poses risks of misuse that can harm individuals’ rights and reputations. For celebrities and everyday individuals alike, personality rights are a vital shield, ensuring that their identity remains their own to control and protect.

By standing up for his rights, Aryan not only reclaimed his dignity but also inspired others to recognize the value of their persona. In an increasingly connected world, his story underscores the need for respect, consent, and accountability in how we engage with the identities of others.

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