Aishwarya Rai moves Delhi HC, seeks protection of personality rights

Bollywood actor Aishwarya Rai Bachchan has moved the Delhi High Court seeking protection of her publicity and personality rights, Live Law reported.

According to the report, a firm named 'Aishwarya Nation Wealth' used Aishwarya's picture on its letterhead and named her its chairperson. Calling it fraudulent intent, her lawyer, advocate Sandeep Sethi, informed the court that she did not enter into any conversation with the firm.

Sethi further contended that some completely unreal intimate photographs of the actor were being circulated on the internet.

"It is shocking. Her morphed pictures are being used. It is all AI-generated. There are intimate photographs, completely unreal... Her image, her persona, her likeness is being used to satisfy someone’s sexual desire. He [defendant] is collecting money by putting my face and name," Live Law quoted him as saying.

Justice Tejas Karia hinted that online platforms and individuals using Aishwarya's images or personality without authorisation would be stopped. The court said, "We will pass an order against each of the defendants; the prayers are wide. If we can pass a common order. We will pass the injunction separately."

Sethi also recalled a 2023 case when another actor, Anil Kapoor, sought protection of his personality rights and restrained the use of his name, image, or voice without consent.

What are personality rights?

Personality rights refer to the legal protection of an individual’s identity, most often applicable to celebrities whose name, image, or voice is vulnerable to misuse for commercial gain. These rights ensure that only the individual — as the owner of these attributes — has the authority to derive monetary benefit from their use.

According to an NDTV report, these rights have gained prominence alongside the 'Right to Privacy', owing to the fame that celebrities enjoy today.

Actors who sought protection of personality rights

Aishwarya Rai Bachchan is not the first celebrity to move the High Court. In 2015, the Madras High Court intervened to protect Rajinikanth's personality rights, which resulted in halting the release of the movie Main Hoon Rajinikanth. The movie utilised the actor's name and style without his prior permission.

In November 2022, Amitabh Bachchan reached the Delhi High Court and got a ruling in his favour. The court restrained the use of the actor's name, voice, image, or any of his characteristics without consent.

In September 2023, the court issued a similar ruling after Anil Kapoor sought protection of his personality rights. Kapoor argued that several parties were using aspects of his personality, including terms like 'Jhakaas,' 'Lakhan,' 'Mr. India,' 'Majnu Bhai,' and 'Nayak,' from his movie dialogues, without his consent.

In 2024, the court ruled in favour of actor Jackie Shroff and ordered the removal of a YouTube video titled Jackie Shroff is Savage, Jackie Shroff Thug Life, posted on a channel named 'Thugesh'.