Why everyone is suddenly talking about personality rights
As celebrities battle deepfakes, fake endorsements and fast-growing digital misuse, here’s what marketers need to know as the courts—and brands—race to catch up.
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When Bollywood actor Ajay Devgn moved the Delhi High Court this week seeking protection of his personality rights, the case became the latest in a growing string of petitions by Indian celebrities pushing courts to recognise tighter safeguards over the commercial use—and misuse—of their identity. The hearing, scheduled shortly, has refocused attention on an issue that sits at the intersection of entertainment, technology, marketing and law.
And marketers now find themselves right in the middle of it.
What Are Personality Rights?
They are not defined in a standalone statute. Instead, courts have interpreted these rights through:
Right to publicity / right to control commercial use, often recognised under common law.
Right to privacy, protected under Article 21 of the Constitution.
Passing off, where courts prevent unauthorized commercial use of a celebrity’s persona that may mislead consumers.
The absence of a single codified law means outcomes often depend on judicial interpretation.
Why Celebrity Petitions Are a Big Deal
Devgn’s filing is significant because it reflects a larger trend: celebrities taking pre-emptive legal action to stop unauthorized use of their persona, especially in digital spaces where fake endorsements, AI-generated voice cloning and manipulated images can go viral in minutes.
In recent years, multiple celebrities—including actors, sportspersons and public figures—have approached courts to restrain misuse of their identity in advertising, deepfake videos, fraudulent promotions and lookalike accounts. Devgn’s petition adds momentum to this ongoing push for stronger judicial safeguards.
Why Everyone Is Talking About This Now
1. Multiple Petitions Are Active Across Courts
Several high-profile personalities have sought protection in the last few years as digital misuse rises. Courts in Delhi, Bombay and Madras have passed interim orders in different cases restraining unauthorized use of celebrity likenesses. Each new case reinforces the demand for clearer boundaries.
2. Deepfakes Have Become Alarmingly Easy to Produce
Advances in AI audio and video generation mean that a celebrity’s face or voice can be convincingly replicated in minutes. Courts have acknowledged deepfakes as a threat, and lawyers argue that existing rules don’t move fast enough to address the risks.
3. Brand Misuse Is More Common Than Ever
Fake endorsements—from online trading platforms to skincare products—have proliferated. Fraudsters often create ads that mimic celebrity recommendations to trap consumers, prompting urgent requests for takedown and legal intervention.
4. Influencer Marketing Has Exploded, but Regulation Hasn’t Caught Up
The rapid growth of India’s influencer economy means celebrities, creators and brands frequently navigate blurry territory. Without clear statutory protections for personality rights, disputes around impersonation, lookalikes, parody, and unauthorised use of archival clips are growing.
What This Means for Brands and Marketers
This is where the story becomes highly relevant to marketers, agencies and creative teams:
1. Consent Is Non-Negotiable
Using a celebrity’s:
name
image
voice
AI-generated likeness
archival footage
signature visual style
…without explicit permission can trigger legal action—even if done in jest or for a meme-like campaign.
2. AI Tools Pose New Risks
Marketers experimenting with AI-generated faces and voices must ensure they are not inadvertently creating deepfake-like material resembling real celebrities. Even an unintended resemblance can lead to a “passing off” claim.
3. Lookalikes Can Be Risky
Indian courts have previously restrained the use of celebrity lookalikes in ads if the intent appears to commercially benefit from their persona. Brands should be cautious about “inspired” casting choices.
4. UGC Is Not a Free-for-All
Even user-generated content that uses celebrity images or clips—if amplified by brands—can fall into a grey zone. Brands often underestimate this risk.
5. Disclosure and Transparency Matter
As influencer marketing grows, mislabelling or failing to declare paid collaborations can also create complications for celebrities trying to protect their persona from misuse.
Why Lawyers Want Clearer Rules
Legal experts have repeatedly argued that India needs codified personality rights—a comprehensive law defining what constitutes misuse, what is permissible in public interest or parody, and how enforcement should work across platforms.
The current framework relies on:
judicial interpretation
patchwork remedies (privacy, passing off, copyright, trademark)
interim injunctions
This leaves room for inconsistency. A dedicated statute, lawyers say, would bring certainty to both celebrities and brands, especially as the AI era blurs the line between real and synthetic identity.
The Bottom Line
Ajay Devgn’s petition is not an isolated case. It’s part of a broader moment where celebrity identity, digital manipulation and marketing practices are colliding. As AI tools become more accessible and brand misuse cases multiply, courts are being pushed to expand and clarify the scope of personality rights.
For the advertising and influencer ecosystem, the message is clear: the era of loose boundaries around celebrity identity is over.
