Why personality rights need legislative protection

In September, actress Aishwarya Rai Bachchan approached the Delhi High Court (HC) seeking protection of her personality rights.

- Jwalika Balaji

In her petition, she alleged that several websites, e-commerce platforms, and YouTube channels were misusing her name, likeness, image, and even voice without authorisation. The alleged violations included the sale of unauthorised merchandise such as posters and mugs, the operation of impersonating chatbots, and the circulation of AI-generated deepfakes that distorted her persona. The court granted interim relief, restraining these platforms from continuing such activities. At first blush, this may appear to be just another "celebrity rights" dispute. However, it raises an important feminist question: Whose bodies, voices, and identities are considered available for use, and who has the autonomy to resist such appropriation?

The unauthorised exploitation of Rai's image is not gender-neutral. Women celebrities, far more than men, face the indignity of their likenesses being commodified, distorted, or sexualised without consent. Actresses Alia Bhatt, Rashmika Mandanna, and Kajol have all been the victims of deepfake videos in the last two years, pointing to the systematic pattern of this violation. What underpins this pattern is entitlement: Because women are already visible in the public sphere, there is a cultural assumption that people are entitled to their images for further use, whether in indecent memes, doctored photos, or merchandise.