Media laws and celebrity rights in India

Media plays a vital role in keeping us informed and updated on the situations that are happening in the country or even abroad. Media is one industry that has drastically evolved in the last decade. Few years ago, the media industry consisted of print and live performances only. With these advancements, come laws that find […]

Media laws and celebrity rights in India

Media plays a vital role in keeping us informed and updated on the situations that are happening in the country or even abroad. Media is one industry that has drastically evolved in the last decade. Few years ago, the media industry consisted of print and live performances only. With these advancements, come laws that find their application in the areas of Media and Entertainment which have vast segments involving television, films, radio, music, internet advertising, OTT content, celebrities, influencers, etc. The Indian Constitution does not separately provide for a provisional defining the Freedom that any form of media has. The freedom awarded to the media industry to freely practice its profession, has to be derived from Article 19(1)(a) which deals with the freedom of speech and expression.  Early cases in India related to Media and Entertainment laws were mainly under this Article. However, with changing times various issues arose in India, some of which include – Intellectual Property Related matters, defamation claims, advertising, sponsorship & endorsement deals, publicity rights, licensing, Contractual issues etc.

Unlike the media industry, rights of a celebrity under the Indian law are still a matter of ambiguity and confusion. A celebrity is someone who has attained popularity by virtue of their work. Under Indian law, artists and performers can be considered as celebrities and their rights are associated with that they create or their “Work”.

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Dr. Swati Jindal Garg

Dr. Swati Jindal Garg

Advocate

Advocate on Record practicing in the Supreme Court of India, and has been writing on various legal issues in reputed journals and legal magazines and newspapers.

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