Celebrities enjoy publicity rights, privacy rights, reproduction rights and other personality rights. With all these rights having their own significance, personality rights are popular these days because of the increase in celebrity endorsements and other commercial activities by celebrities.
Means of protection
In India, personality rights per se are not recognized. They are generally invoked through the right to privacy guaranteed by article 21 of India’s constitution or through the right to publicity inferred from article 19 of the constitution.
The right to publicity ensures that individuals have an exclusive right to publicize themselves and to restrain others from doing so without consent. Privacy is hard to define. Its interpretation can differ from person to person, which makes it a difficult to ascertain liability in cases where privacy rights are invoked. Similarly, when protecting personality rights as privacy rights it is difficult to define the scope of a celebrity’s privacy as fans are always keen to know about the happenings in their hero’s life.
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Vidya Bhushan Mehrish is a partner at LexOrbis, where Zoya Nafis is an associate.
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