Personality Rights - Need For A Clear Legislaton

Personality rights are unique rights and they have gained importance in today's world because of the increased number of celebrity endorsements. A single image of a celebrity affects the reputation of a product he or she is endorsing and vice-versa. In India, personality rights are per se not recognised. They are generally invoked through right to privacy guaranteed by the Article 21 of the Indian Constitution or through right to publicity inferred from article 19 of the Indian Constitution. Personality rights are either protected as right to privacy or they can be protected as the property of a persona.

Privacy is a very difficult term to define; its interpretation can differ from person to person or place to place. The unclear position of privacy makes it a little difficult to ascertain the liability in cases where right to privacy is invoked. Protecting personality rights as privacy rights brings us to the same situation, wherein it is difficult to define the scope