WHAT IS PERSONALITY RIGHT?

 

Personality Right
Personality right

Personality rights are the legal rights to control the commercial use of an individual's identity, such as their image and name. It is generally used in reference to Rights of a celebrity or a public figure over their voice, image or any other feature easily identified by the public and has good will. It is further classified into 

  1. Right of publicity: It is the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark.
  2. Right to Privacy: It is the right to not have one's personality represented publicly without permission.
The Indian Constitution's Article 21 on the rights to privacy and publicity is the closest statute to protect personality rights.

Furthermore, the Delhi High Court noted in its decision in Arun Jaitley v. Network Solutions Private Ltd and Ors Case (2011) that a person's reputation or popularity will be the same online as it is in real life. The name, in addition to being a personal name, has gained unique characteristics of its own, according to the court's further declaration.

It is essential to understand and uphold personality rights if we are to protect moral and legal standards in our increasingly image-obsessed society.