Over the years, several A-list celebrities have approached the courts to safeguard their personal and publicity rights. From Aishwarya Rai and Asha Bhosle to Suniel Shetty, many stars have moved the High Court to prevent the misuse of their identity for others’ professional or personal gain. Joining the list is actress Shilpa Shetty Kundra, whose advocate has argued that the unauthorised commercial exploitation of her identity is an outright assault on her reputation.
Shilpa Shetty seeks protection of personality rights
The actress has filed a suit in the Bombay High Court seeking protection of her personality rights. The suit, we learn, names several websites that allegedly used her pictures illegally for promotional activities. Additionally, morphed images and videos of her have also come under scrutiny. There are 27 known defendants, while the unknown ones are covered under “John Doe” categories, running into hundreds.
Advocate Sana Raees Khan, who has filed the suit on Shilpa’s behalf, says, “Ms. Shilpa Shetty has built her reputation over decades of work, and no entity can appropriate her name or likeness without consent. The unauthorised commercial exploitation of her identity is an outright assault on her dignity and hard-earned reputation. No individual or platform has the right to exploit her reputation for unlawful commercial gain, and we will ensure strict enforcement of her personality rights. We have moved the Bombay High Court to put a stop to such misuse and to safeguard her identity from being treated as a commodity.”
About personality rights
The personality rights of celebrities include their name, voice, signature, image, or any other identifiable feature recognised by the public at large. Celebrities have increasingly approached High Courts, asserting that their personality rights and right to privacy under Article 21 of the Constitution are being affected by AI-generated content, including deepfakes. They have also sought protection of their moral rights under the Copyright Act, 1957.
High Courts have repeatedly protected celebrity personality rights, including Amitabh Bachchan’s baritone, the distinctive “style” of Anil Kapoor and Jackie Shroff, the images of Aishwarya Rai Bachchan and Abhishek Bachchan, and the name of Rajinikanth, among others.