Print Friendly, PDF & Email

How do personality rights protect celebrities?

GS Paper 4

 

Source: The Hindu

Context: The Delhi High Court recently passed an interim order to prevent the unlawful use of Bollywood star Amitabh Bachchan’s name, image and voice. 

The court restrained people from infringing the personality rights of the actor.

 Personality rights:

Personality rights refer to the right of a person to protect his/her personality under the right to privacy or property. These rights are important to celebrities as their names, photographs or even voices can easily be misused in various advertisements by different companies to boost their sales. 

 Personality rights consist of two types of rights

  • Firstly, the right of publicity, or the right to keep one’s image and likeness from being commercially exploited without permission or contractual compensation and
  • Secondly, the right to privacy or the right to not have one’s personality represented publicly without permission.

 

Statutes like the Trademarks Act 1999 and the Copyright Act 1957 govern publicity rights.

  

Ethical issues involved:

  • Consumers are often misled owing to false advertisements or endorsements. This lead to a loss of trust among consumers.
  • Violation of law: Amendment to the Consumer Protection Act of 2019 was passed to keep a check on the misleading advertisements and endorsements of consumer products by imposing a penalty on the endorser as well
  • Violation of one’s privacy