The Role of Personality Rights in Indian Law: Lessons from Jackie Shroff's Legal Battle

Journal: Trends in Intellectual Property Research

Publication: 2024-10-03 · Vol. 1 No. 2

DOI: 10.69971/tipr.1.2.2023.13

Abstract

Current research examines the landmark judgment of Jaikishan Kakubhai Saraf alias Jackie Shroff v. The Peppy Store & Ors. indicating the importance of developing personality rights jurisprudence in India, especially in digital content. Personality rights include both publicity rights and privacy rights. Right to control the commercial use of one's identity, i.e. publicity rights, is important for protecting personalities from unauthorized exploitation of their persona (name, image, voice, etc.). The case highlights the unauthorized use of Shroff's image for commercial gain without his consent, raising significant questions about the scope and enforcement of personality rights in India. The Court's decision to protect actor Jackie Shroff's identity from unauthorized commercial exploitation marks a pivotal moment in legal precedents safeguarding the identity of personality, especially for celebrities. This case underscores the evolving landscape of legal protections in the digital age, emphasizing the importance of rec-ognizing and upholding personality rights amidst increasing unauthorized commercial use. As a result, it stands as a landmark decision, guiding the future of personality rights and reinforcing the legal safeguards necessary to personality identity in an increasingly digital world. By dissecting this case, the paper aims to explore the im-plications for the ongoing development of personality rights in India and the growing importance of safeguarding individual identity in the digital era. Also, the paper critically assesses the current legal framework, including statutory provisions and judicial precedents. It has been compared with international standards to detect loopholes and propose improvements, in the evolving regime of personality rights in the digital era.