Skip to main content

Unlegislated it may be, but the right to publicity is not an unrecognised right in India; Vaishali Mittal explains the jurisprudential regime, as it has been evolved by the country’s courts.

Undeterred by the absence of specific legislation, Indian courts have read right to publicity, equating it to an inherent right to privacy, into Articles 19 and 21 of the Indian Constitution. And having evolved from the right to privacy under Article 21, publicity rights are available to foreign citizens as well.

Right to publicty disputes are governed by the standard civil and commercial procedures envisaged under the Code of Civil Procedure 1908 and the Commercial Courts, Commercial Division and Commercial Appellate Division of High Court Act 2015. A finding of infringement of publicity rights does not require an element of intent be proven against the infringer; however, intent is relevant in the computation of damages awarded to the injured party.

This chapter was published in Getting the Deal Through 2017.

To continue reading, contact us at email@anandandanand.com

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
Jun 16, 2026

First published by Lexology. Authors: Pravin Anand and Dr. Neeti Wilson Introduction India’s biodiversity is one of its greatest strategic assets.

India’s Biodiversity Framework at a Crossroads: Industry Perspectives on the Biological Diversity Act and ABS Regulations, 2025
News & Updates, Thought Leadership
Jun 16, 2026

First published by Lexology. Authors: Sandhya Singh and Sampada Kapoor Introduction In today’s marketplace, consumers often identify products not

Protecting Colour as a Brand Asset: Lessons from the Exide-Amara Raja Decision
News & Updates, Thought Leadership
Jun 11, 2026

‘First published on Legal500’ By: Lakshmidevi Somanath The Supreme Court of India’s 2025 decision in K. Mangayarkarasi and Anr v. N. J. Sundaresan marks

Arbitrating Trademark Disputes Following Mangayarkarasi – The Extent of Contractual Reach into Public Law
Thought Leadership
May 30, 2026

‘First published on Enterprise IT World’ Author: Subroto Kumar Panda The defining question for every board of directors has changed. It is no longer,

From Blueprint to Battle-Ready: The CIO’s Executive Guide to Cyber Resilience