The Nature Of Personality Rights: A Brief Explanation On Its Inevitable Contemporary Importance In India And A Comparative Analysis With Other Jurisdictions

S.Adhistaa, National University of Advanced Legal Studies

ABSTRACT:

The research project is an attempt to understand the implications of personality rights through the explanation of its nature, which essentially leads to the explanation of its importance. The Personality rights have garnered much attention since the active usage of social media, which makes the topic a highly contemporary one. This is because social media and technology have become extremely advanced that allowed individuals to freely imitate or copy personalities that causes confusions and complexities. This, in turn, calls for active legal support and security from not only traditional stakeholders that usually involves celebrities but also the public at large regardless of their fame and popularity. This is due to the dilution of Personality Rights into Article 21 of the Indian Constitution, which enshrines the fundamental Right to privacy of a person. The primary objective of the research project is to establish the undeniable importance of Personality rights, the complexities involved in building a strong legal regime for its protection through an analysis of copyright laws and the like, existing in the Indian legal landscape, and its interplay with freedom of expression and a comparison between other global jurisdictions with regards to Personality rights. This is done by examining two recent cases involving the top stars of India, Amitabh Bachchan and Anil Kapoor in addition to other relevant cases. The objectives of this research project are the above aspects attempted to be established with evidence.