Amitabh Bachchan Case: Landmark Precedent Secures Personality Rights Against Deepfakes
Courts recognize identity as a protected legal asset
IT Act and IPC provisions strengthen enforcement against misuse
By Vishwas Kumar
New Delhi: May 25, 2026:
The most cited precedent in India for establishing personality rights is the Amitabh Bachchan v. Rajat Nagi case (Delhi High Court, 2024), where the court granted an injunction against unauthorized use of Bachchan’s likeness in advertisements and manipulated visuals. This ruling reinforced that identity—face, voice, and gestures—are protected assets under privacy and publicity rights.
The judgment in Rajeev Gupta & Others vs Prashant Garg & Others offers valuable insight into civil litigation, property-related disputes, and the evidentiary principles applied by Indian courts while resolving competing claims between parties. The ruling is particularly useful for readers studying ownership conflicts, contractual obligations, and judicial interpretation of rights arising in complex civil and commercial disputes.
Most Cited Precedent
- Case: Amitabh Bachchan v. Rajat Nagi (Delhi High Court, 2024)
- Clarification: Court restrained unauthorized use of Bachchan’s image, voice, and likeness in fake ads and manipulated visuals.
- Relevance: Established enforceability of personality rights in India, paving the way for other celebrities and public figures to seek similar protection against deepfakes.
Laws Against Violation
1. Information Technology Act, 2000
- Section 66D: Punishes impersonation using computer resources.
- Section 67 & 67A: Criminalizes publishing/transmitting obscene or sexually explicit content electronically.
- Section 69A: Empowers authorities to block unlawful content.
2. Indian Penal Code (IPC)
- Section 354A & 354C: Address sexual harassment and voyeurism, applicable to deepfake misuse.
- Section 500: Defamation charges for reputational harm.
- Section 509: Criminalizes gestures or words insulting the modesty of a woman.
3. Digital Personal Data Protection Act, 2023 (DPDP Act)
- Protects against misuse of personal likeness without consent, reinforcing privacy rights.
4. Judicial Expansion of Personality Rights
- Courts interpret Article 21 (Right to Privacy) and Right to Publicity as covering identity misuse.
- Personality rights now extend to both dignity protection and commercial exploitation safeguards.
FAQ for Quick Understanding
Q1. Which case is most cited for personality rights in India?
Amitabh Bachchan v. Rajat Nagi (Delhi HC, 2024) is the leading precedent.
Q2. What laws apply to deepfake misuse?
IT Act (Sections 66D, 67, 67A), IPC (354A, 354C, 500, 509), and DPDP Act provisions.
Q3. Are personality rights codified in Indian law?
Not yet. They are judicially recognized, but the Digital India Bill is expected to codify them.
Q4. Can ordinary citizens claim personality rights?
Yes, but enforcement is harder. Courts have mostly acted in celebrity cases so far.
Q5. How do global laws compare?
US has codified “Right of Publicity” laws, EU enforces privacy under GDPR and AI Act. India relies on judicial activism until new legislation is passed.
Action Plan: Indian professionals should study the Amitabh Bachchan precedent, master IT Act and DPDP provisions, and prepare for the Digital India Bill. This expertise will be crucial in litigation and compliance roles addressing deepfake misuse.