Sanjana Balaji & Aakarshna CG, B.B.A. LL.B. (Hons) at School of Law, SASTRA Deemed University, Tirumalaisamudram, Thanjavur.
ABSTRACT:
Personality rights have been a subject of various discussions, owing to a recent decision wherein the Hon’ble High Court of Delhi passed an omnibus order restraining the defendants from infringing upon Mr. Amitabh Bachchan’s personality or celebrity rights by misusing his name, likeness and other personality traits and attributes, for commercial gain. This paper aims to examine the complex interplay between personality rights, right to privacy and freedom of speech and expression. Celebrities are often viewed as people of importance and the media finds it necessary to delve into minute details of such people’s lives. The individual’s right to privacy has taken a backseat with the increasing presence of social media and the constant updates of these details on various media platforms, leading to a conflict between the right to privacy and freedom of speech and expression. This paper will deal with the various perceptions and legal frameworks governing personality rights in India and internationally. It will examine how different jurisdictions address the protection of individuals' identities and personal attributes, especially in the context of media coverage. Additionally, the paper will explore the role of public opinion and the ethical standards that media organizations are expected to adhere to when reporting on celebrities. The primary question is whether celebrities, due to their public status, should have the right to protect and control the use of their personal identity and aspects of their personality from potential misuse. This paper aims to address whether the heightened visibility of celebrities justifies a greater need for privacy protection or if their public status inherently diminishes their right to control their personal information.
Keywords: personality, privacy, media, freedom of press, infringement
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