The Legality Of Digital Doppelgangers: A Study Of Evolving Personality Rights
- IJLLR Journal
- Dec 16, 2025
- 2 min read
Kirthana Nandha, Vellore Institute of Technology, School of Law
ABSTRACT
Personality is a vital part of every human being. It is what distinguishes one person from another: it includes the name, reputation, likeness, identity or any other characteristic trait of an individual. Generally, while every person has a right of exclusive control over any such aspect or trait of his/her personality, these rights are much more essential for celebrities like actors, sportspersons, singers, etc. as they play a very significant role in influencing choices of their audience. They serve as a great marketing tactic for commercial entities to use and exploit by doing so, while promoting and selling their products or services. When these rights are given by the celebrities to such firms, with consent, it creates a mutually beneficial relationship between the celebrities and the commercial entities. Entering into contractual relationships of such a nature lead to significant financial gains for both the parties. On the other hand, if their name, identity or likeness are used without their consent, it leads to a violation of their legally enforceable rights.
Even though there is no separate legislation in India for protection and enforcement of personality rights, the courts in India have been proactively coming to the aid of aggrieved celebrities and commercial entities through an expansive interpretation of constitutionally guaranteed fundamental rights such as that under Article 21 (Right to Life), or that under Article 19(1)(a) (Right to freedom of speech and expression). The personality of a person is a form of expression and is, therefore, protected under Article 19(1)(a) and it also is adjacent to the right to privacy, inherent under Article 21. The courts also utilize the IP legislations such as the Copyright Act and the Trademarks Act to further the protection of personality rights.
