Copyright infringement not intended

Picture Courtesy: The Hindu

Context

Bollywood actor Aishwarya Rai Bachchan approached the Delhi High Court to protect her personality rights, quoting unauthorized use of her name, image, and AI-generated obscene content.   

What Are Personality Rights?

Personality rights protect a person’s name, image, voice, or other identifiable features from unauthorized use, especially for commercial gain or malicious purposes.

Personality rights consist of two main components:

• Right to Privacy: Prevents intrusion into personal life, upheld by the Supreme Court in Puttaswamy v/s Union of India (2017) as part of Article 21.
• Right of Publicity: Controls commercial use of a celebrity’s identity, like endorsements or merchandise, to prevent misrepresentation.

Legal Framework in India

Constitutional Basis: Article 21 guarantees the right to privacy, which includes personality rights, barring unauthorized use of personal attributes.

The Trademarks Act, 1999: Provides protection against the misappropriation of a person's identity.

• Section 14 requires consent for registering a trademark using the name or representation of a living person or a person who died within the previous 20 years.

The Copyright Act, 1957: Protects personality rights by granting "performer's rights."

• It allows performers (e.g., actors, singers) to prevent the unauthorized use of their performance for 50 years.
• Section 57 protects the "moral rights" of authors to claim authorship and prevent distortion of their work.

The Tort of Passing Off: In cases of unauthorized commercial use, courts have relied on the tort of passing off, which involves misrepresenting one's goods or services as those of another.

• If the use of a celebrity's persona causes public confusion, a legal action can be pursued. 

Judicial Intervention

• Anil Kapoor (2023): Delhi High Court restricted entities from using his name, image, and phrases like “jhakaas” without consent.
• Jackie Shroff (2024): Court banned e-commerce stores and AI chatbots from misusing his likeness.
• Daler Mehndi (2010): Won against shops selling dolls mimicking his appearance.

Challenges in Protecting Personality Rights

AI and Deepfakes: AI-generated content, like morphed pornographic images of Aishwarya, spreads rapidly online, outpacing legal remedies.

No Specific Law: India lacks a dedicated statute for personality rights, relying on privacy and IP laws, which are less effective against digital misuse.

Anonymous Offenders: Identifying culprits behind fake websites or deepfakes is tough.

Takedown Delays: Google’s counsel noted that specific URLs must be provided for content removal, slowing down action against widespread misuse.

Way Forward for India

Strengthen Laws: Enact a specific statute for personality rights to address AI-driven misuse, building on the Copyright and Trademarks Acts.

Faster Takedowns: Create a streamlined process for removing unauthorized content, requiring platforms like Google to act within 24 hours of complaints.

AI Regulation: Develop clear guidelines for AI and deepfake technology, with penalties for creating or sharing malicious content.

Public Awareness: Educate consumers about misleading endorsements to reduce demand for unauthorized merchandise, as seen in Aishwarya’s case.

Conclusion

Aishwarya Rai Bachchan's Delhi High Court case stresses the need to protect personality rights in the AI era, by strengthening the legal framework and regulating AI misuse. 

Source: The Hindu