The Delhi High Court granted interim relief in favour of actress Kajol Devgan in a suit seeking protection of her personality and publicity rights, holding that her name, image, likeness and associated attributes could not be misused for commercial or other unauthorised purposes without her consent. The court restrained various defendants from exploiting her identity in connection with the sale of merchandise and other commercial activities, recognising that a person’s name and image form an integral part of their personality and carry both personal dignity and commercial value. The court observed that unauthorised use of such attributes amounts to an infringement of personality rights and cannot be permitted, particularly when it causes reputational harm or misleads the public.
The court also took serious note of the circulation of obscene and pornographic material using Kajol’s name and likeness, holding that such content violated her right to privacy and dignity. It directed the removal of such material and restrained further publication or circulation in any form. In its reasoning, the High Court acknowledged that the unauthorised creation and dissemination of such content causes irreparable harm to an individual’s reputation and personal autonomy, especially in the digital age where such material can spread rapidly and widely.
The High Court further recognised emerging threats posed by modern technology, including artificial intelligence tools and deepfake technology, which can be used to generate fabricated images, videos or audio falsely portraying a person. The interim order extended protection against the misuse of Kajol’s personality traits through such technological means, making it clear that her name, voice, image and likeness could not be digitally manipulated or represented without authorisation. The court underscored that legal protection of personality rights must evolve to address new forms of misuse enabled by technological advancements.
In granting interim protection, the court reaffirmed that personality rights are an enforceable aspect of the right to privacy and dignity, and that public figures are entitled to protection against unauthorised commercial exploitation and harmful digital misuse of their identity. The order reflects the High Court’s consistent approach in safeguarding the personality rights of individuals, particularly well-known public figures, and ensuring that their personal attributes are not misappropriated in a manner that infringes their legal and constitutional rights.
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