A photograph can be altered within minutes. A voice can be recreated using Artificial Intelligence. A person's face can be placed into a video that they never recorded. A fake endorsement can be made to look genuine. A name or photograph can also be used to sell products, merchandise or services without proper authorisation.
For celebrities and public personalities, these are no longer simply social-media problems.
They can become serious legal and commercial disputes requiring urgent court intervention.
This is where personality rights law, publicity rights, intellectual property law, technology law and commercial litigation increasingly overlap.
In India, the Bombay High Court and Delhi High Court have dealt with a growing number of personality-rights disputes involving names, images, voices, AI-generated content, deepfakes, merchandise and digital platforms.
The recent Bombay High Court proceedings involving Preity Zinta are one example of how complicated these disputes can become when AI-generated content, manipulated images, chatbot personas and multiple online platforms are involved.
Personality rights generally concern the protection of identifiable aspects of a person's identity and the commercial value associated with that identity.
Depending on the circumstances, this may include:
India does not presently have one comprehensive statute called the Personality Rights Act. Instead, protection can arise through different legal principles, including privacy, publicity rights, copyright, passing off, intellectual property and other applicable laws. Therefore, every personality-rights dispute has to be examined on its own facts.
Artificial Intelligence has made it considerably easier to reproduce another person's identity.
Common examples include:
A celebrity, actor, singer, sportsperson, influencer, entrepreneur or other public personality may need legal advice where there is:
Not every person or company accused of violating personality rights is necessarily liable.
A business, advertiser, publisher, technology company, content creator or platform receiving a legal notice should first examine:
Digital content does not remain in one place.
A single video can move from one website to Instagram, YouTube, Facebook, X and other platforms within a short period.
jurisdiction, unidentified defendants, intermediary platforms, digital evidence, injunctions, takedown directions and enforcement. In suitable cases, urgent interim relief can therefore become an important part of the litigation strategy.
Mumbai has particular significance for personality-rights disputes because it is a major centre for the entertainment, media, advertising, technology and commercial industries.
A personality rights lawyer in Mumbai may therefore encounter matters involving celebrities, production houses, advertisers, digital platforms, brands, technology companies and commercial businesses.
But the dispute itself may extend far beyond Mumbai.
An online infringement can involve parties and platforms located anywhere in India or overseas..
Accordingly, the legal strategy should be based on the actual facts, parties, digital evidence, jurisdiction and relief required.
JuristechLegal & Partners advises on complex personality-rights, intellectual-property, technology, media and commercial litigation matters in Mumbai and across India.
Our approach is not limited to one side.
We advise celebrities and public personalities seeking protection of their identity, as well as companies, advertisers, platforms, technology businesses and other defendants/respondents facing personality-rights claims, subject to conflict checks.
For a claimant, the objective may be to stop unauthorised exploitation and protect reputation and commercial value.
For a defendant, the objective may be to protect legitimate business activity, challenge an overbroad claim or injunction, and establish the legal basis for the disputed use.
The strategy in both situations is different.
A personality-rights dispute can affect much more than one piece of online content.
JuristechLegal & Partners provides legal advice and representation in complex personality-rights, intellectual-property, technology, media and commercial disputes. The practice is relevant to celebrities, public personalities, businesses, advertisers, technology companies, digital platforms and other parties dealing with significant personality-rights issues. If your name, image, voice or likeness is being misused, or if you have received a personality-rights legal notice, injunction application or High Court proceeding, the matter should be reviewed on its specific facts.
Personality Rights | AI & Deepfake Litigation | Intellectual Property | Commercial Litigation | High Court Matters