In an age where artificial intelligence can swap faces in seconds and clone voices with a single click, the urgency of owning one’s identity has never been greater. Celebrity names, images, voices, and other identifiable traits collectively known as personality rights have increasingly moved to the center of India’s legal battles.
In 2022, Amitabh Bachchan set a landmark precedent when the Delhi High Court granted him an injunction against the unauthorized use of his name, voice, and likeness. Since then, a series of high-profile cases have followed.
This month, Aishwarya Rai Bachchan sought relief after her lawyers flagged the use of her name and photographs on merchandise like T-shirts, mugs, and posters, as well as manipulated digital content such as deepfakes and face morphs. The court prohibited the production and sale of such items, granting her interim protection.
Soon after, Abhishek Bachchan approached the court over the misuse of his persona online, highlighting potential damage to his reputation and commercial interests. Filmmaker Karan Johar has also moved to safeguard his personality rights, with legal protection over his name and likeness likely to follow.
Across e-commerce platforms and social media, celebrity identities are frequently exploited without consent. Many of these cases are ex parte, meaning injunctions are granted without the presence of the opposing party. Representatives from technology companies, e-commerce platforms, or other enabling parties are often absent. While this trend has created the perception that personality rights are gaining momentum, some argue that these orders alone are not a definitive measure of how jurisprudence in this space is evolving.
Priyanka Khimani, Founder, Khimani & Associates, and an entertainment and intellectual property lawyer, explains that personality rights, publicity rights, celebrity rights, and the right to privacy are not new in India. “They flow directly from the Indian Constitution, specifically the fundamental right to life, which has long been interpreted to encompass dignity, liberty, personal freedom, privacy, and, by extension, an individual’s personality and publicity rights,” she says.
She adds that the Indian courts have been recognising these rights for decades. From landmark cases such as Phoolan Devi vs. Shekhar Kapoor to numerous Supreme Court and High Court rulings, the judiciary has consistently upheld that the right to life includes not just survival but also the right to live with the right to privacy and protect one’s identity against unwanted commercial exploitation.
(In the 1994 Bandit Queen case, Phoolan Devi successfully sought an interim injunction against the film’s release for depicting private aspects of her life, emphasising the importance of safeguarding personal intimacies, even for public figures)
“From a legal standpoint, India already has ample safeguards,” Khimani adds. “The Constitution, along with copyright and trademark frameworks, provides broad protections that aren’t tied to specific technologies. This flexibility allows courts to interpret the law to address new challenges such as AI, deepfakes, and digital misuse.”
It isn’t just traditional celebrities asserting these rights anymore. Increasingly, influencers are taking steps to protect their identity. “We’ve represented talent like Mallika Dua and several comedians, helping them protect their names, popular hashtags, mannerisms, and characters on Instagram or YouTube. Over time, these protections form a portfolio of assets they own,” says Khimani.
Sumit Nagpal, a Delhi-based lawyer specialising in intellectual property rights, notes that the courts have clarified that the misuse of a celebrity’s voice through AI-generated content is actionable.
“There’s a rising awareness, and we will likely see a surge in litigation. Animated films, radio ads, and other media often use celebrity voices without consent,” he explains.
Nagpal predicts that personality rights could evolve into a structured source of income for celebrities. “In the future, celebrities may create platforms where anyone wanting to use their voice, image, or persona will need a license. PR and ad agencies could manage these rights, making commercial use of a celebrity’s identity more legitimate and structured.”
A crucial question arises: how do personality rights intersect with parody, satire, or fan-created content online? Internet culture thrives on memes, spoof videos, and voice imitations used purely for entertainment. These forms of expression blur the lines between harmless fun and potential misuse.
“Copyright law already protects satire and mimicry,” Nagpal explains. “If an artist performs mimicry or creates satire, it may fall under fair use. But there’s a difference: no business can exploit a celebrity’s voice or likeness to sell products or services without consent. Performances for entertainment are permissible, while commercial exploitation triggers legal action.”
Nagpal mentions that personality rights fall under intellectual property law, not criminal law. Legal action requires filing a case in court and seeking damages. In the Delhi High Court, for example, the minimum damages one can claim is ₹2 crore, depending on jurisdiction and the claim’s value. Other courts may have different thresholds.
As AI and digital technologies continue to evolve, personality rights are no longer just about protecting celebrity egos, they’re a frontline defense against identity theft, misrepresentation, and misuse. With courts actively granting protections, and influencers and celebrities increasingly managing their own identity portfolios, India is witnessing a paradigm shift in how personal likeness and persona are protected in the digital age.
