Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Personality rights.
Context:
The Delhi High Court is currently hearing a case involving Salman Khan and a Chinese AI voice generation platform. The platform is seeking to overturn an interim injunction that protects Khan’s personality rights.
- The case highlights the intersection of individual rights, particularly those of celebrities, and the rapidly evolving landscape of AI technology.
Key Takeaways:
Personality Rights in India:
- Constitutional Basis: The Supreme Court’s recognition of privacy as a fundamental right under Article 21 in K.S. Puttaswamy v. Union of India (2017) provides a foundation for personality rights.
- Economic Value: Personality rights acknowledge the economic value associated with an individual’s identity, particularly for public figures.
- Legal Precedents: The Delhi High Court, in a 2025 case involving Aishwarya Rai Bachchan, affirmed that unauthorized use of a celebrity’s identity can cause commercial harm.
- Scope of Protection: Courts have issued injunctions against false impersonation, unauthorized use of images and names, and the creation of manipulated or inappropriate content.
- Limitations: Article 19(1)(g) of the Constitution guarantees the right to conduct business, but this is subject to reasonable restrictions.
- Courts also protect artistic expression, provided it does not mislead the public or imply endorsement. Foreign entities cannot invoke Article 19 before Indian courts.
The Chinese App Context:
- Government Bans: The Indian government has banned over 200 Chinese applications under Section 69A of the Information Technology Act, citing national security concerns related to data collection and storage.
- Data Protection Gaps: While the Digital Personal Data Protection Act, 2023, has been passed, its enforcement is pending, leaving regulatory gaps, particularly in the AI sector.
- Implications: A dismissal of the Chinese platform’s application could have broader implications for misuse by AI companies.
Fees in Celebrity Suits:
- Commercial Courts Act, 2015: Personality rights claims are typically filed under this Act, as celebrities rarely hold conventional IP rights over their identity.
- Interim Injunctions: Courts have granted interim injunctions without upfront payment of court fees in several cases, raising questions about the financial implications, given the high brand valuations often cited in such suits.
Regulatory Concerns:
- Generative AI: Recent scrutiny in the European Union of generative AI systems such as Elon Musk’s Grok highlights similar regulatory concerns.
- IT Rules, 2021: While these rules provide takedown mechanisms, the limited effectiveness of grievance redressal systems has pushed public figures to seek relief directly from High Courts.
- Digital Impersonation: Ensuring protection against digital impersonation for celebrities and citizens remains a pressing concern.
Conclusion:
The Salman Khan personality rights case underscores challenges of AI-driven identity misuse, potentially shaping India’s AI regulation, strengthening personality rights, and highlighting the need for robust data protection and effective grievance redressal mechanisms.
Source: (The Indian Express, The Hindu)
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