By S&S Co. Advocates & Solicitors · Published 29 September 2026 · Informational content, not legal advice. See our disclaimer
No Standalone Personality Rights Statute
India has no dedicated statute creating a 'personality right' or 'right of publicity' as such. Protection instead draws on a combination of the constitutional right to privacy, the common-law tort of passing off, and elements of trademark law, which courts have applied to recognise and protect a well-known individual's name, likeness, voice and persona from unauthorised commercial exploitation.
What Courts Have Protected
Indian courts have granted relief against unauthorised use of a celebrity's name, image, voice, signature style, catchphrases and other distinctive personality attributes in merchandising, advertising, and more recently, AI-generated deepfake content, where such use falsely suggests endorsement or affiliation, or otherwise misappropriates the value of that individual's persona for commercial gain.
The Legal Basis: Passing Off and Privacy Combined
Much of the doctrinal reasoning borrows from passing off: the claimant's persona is treated as having commercial goodwill, and unauthorised use that creates a false impression of endorsement or association is treated as a misrepresentation causing damage. This is combined with recognition of an individual's autonomy and dignity interest in controlling commercial use of their own identity, particularly under the constitutional right to privacy.
Practical Limits and Considerations
Personality rights protection is not absolute: it does not prevent legitimate commentary, news reporting, parody, or non-commercial uses, and courts weigh free expression interests against publicity interests on the facts. Public figures seeking to enforce these rights typically need to show a distinct, recognisable persona and a use that goes beyond incidental reference into commercial exploitation or a false suggestion of endorsement.
Frequently Asked Questions
Is there a specific law in India protecting a celebrity's image?
No standalone statute exists: protection is built from the constitutional right to privacy, the common-law tort of passing off, and aspects of trademark law, as applied and developed through case law.
Can anyone use a well-known person's name or image for commercial purposes without permission?
Generally no, if the use falsely suggests endorsement or affiliation or otherwise commercially exploits that person's persona without authorisation: courts have granted injunctions against such unauthorised commercial use.
Does personality rights protection extend to AI-generated deepfakes?
Indian courts have extended this protection to restrain AI-generated deepfake content that misuses a person's image or voice, recognising it as a modern extension of the same underlying personality-rights principles.
Does this protection stop news reporting or parody involving a public figure?
No. Courts distinguish between commercial exploitation of a persona and legitimate news reporting, commentary or parody, which remain protected as free expression.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- Constitution of India, Article 21 (right to privacy).
- Common-law tort of passing off, as extended to protect personality and publicity interests.