An Explication Dual Facets of Personality Rights in India

This paper explores the concept of Personality Rights, focusing on the dual aspects of Right to Privacy and Right to Publicity. While there is no exact legislative definition of Personality Rights, the paper aims to provide a comprehensive definition and identify the scope of these rights. The authors have analysed the key legal precedents, emphasizing the absence of specific legislation governing Personality Rights. From the review of various literature, the paper identifies a research gap in the lack of a clear distinction between publicity rights and personality rights in existing literature. It highlights the need for a statutory definition and scope determination for Personality Rights. The authors also discuss the concept of Character Merchandising within the broader context of Personality Rights. Different perspectives on Personality and Personality Rights are explored, including the common man's perspective and the legal perspective. The paper discusses the importance of personality in individual identity and the legal recognition of Personality Rights as a form of intellectual property. The authors propose that Personality Rights constitute a single body with two heads – Right to Privacy and Right to Publicity. The right to privacy is explored in terms of freedom from unwanted interference, with reference to judicial interpretations and landmark cases such as K.S. Puttaswamy v. Union of India. The right to publicity is defined as the control over the exploitation of one's name, image, or personal characteristics for commercial purposes, limited to celebrities. The paper concludes by addressing the misconception that the right to publicity is intrinsic to the right to privacy and emphasizes the need for legislative intervention to provide clear guidelines and laws governing Personality Rights. The advent of social media and the evolving nature of fame highlight the urgency of addressing this legal issue.