Rethinking Personality Rights: The Interplay of Public Interest and Individual Protection

Abstract

Personality rights, which protect the commercial and moral value of an individual’s identity, have emerged as a significant yet unsettled area within Indian intellectual property discourse. In the absence of a statutory framework, Indian courts have progressively shaped the contours of this right through case law and comparative reasoning. This paper examines the evolution of personality rights in India, situating them within the broader framework of intellectual property and constitutional law. It critically analyses judicial approaches to balancing individual control over identity with competing claims of free speech and public interest. Through a doctrinal and policy-based analysis, the study identifies inconsistencies in existing jurisprudence and argues for a structured legal framework that integrates privacy, property, and publicity dimensions. The research offers a conceptual model for harmonising protection of celebrity identity with creative and commercial expression in India’s expanding media economy. The paper addresses how personality rights intersect with copyright and trademark laws, suggesting that fair dealing can act as a limit on celebrity control, especially for
transformative works that contribute to social and cultural dialogue. In conclusion, the paper argues for a balanced approach: while celebrities need protection against exploitation, these rights should also consider the role of the public in shaping their identity and avoid restricting creative expression in ways that limit cultural engagement and social commentary. By framing celebrity identity as a product of public co-creation, the paper contributes a novel analytical lens for calibrating personality rights within India’s constitutional framework.