Delhi High Court hears case on defining celebrity rights

The Delhi High Court is undertaking a legal process to clarify the scope and recognition of personality rights for public figures. The proceedings involve several cases, including suits filed by actors Janhvi Kapoor and Vivek Oberoi, and Aaradhya Bachchan, concerning their rights to publicity and privacy.

The court has appointed senior advocates Rohan Alva and Gautam Bhatia as amici curiae (friends of the court) to help frame principles for these rights. Alva proposed a framework categorizing personality rights claims into five distinct types, each with its own legal standard. This approach aims to differentiate between commercial misuse, works involving a celebrity, obscene content and deepfakes, and speech concerning a public figure.

Justice Anup Jairam Bhambhani has emphasized the need to define what constitutes a celebrity, questioning the threshold for public recognition. He presented hypothetical scenarios, such as a village headman known only locally, and pondered whether such an individual could assert personality rights. The court is also considering how to address instances where likenesses of famous individuals are used for commercial gain.

Under Alva's proposed test for commercial misuse, a celebrity would need to demonstrate public recognition, commercial value in their persona, and unauthorized, misleading use by a defendant. Claims related to artistic works, criticism, or parody would be subject to different considerations, balancing freedom of speech with individual rights.