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Kunal Solanke
6 days ago8 min read

CELEBRITY’S RIGHTS: LEGAL SYSTEM & MENTAL HEALTH

Kunal Solanke,

University of Mumbai

CELEBRITY’S RIGHTS: LEGAL SYSTEM & MENTAL HEALTH

ABSTRACT

This article enlightens the rising issue concerned with celebrity’s rights and the effect of the legal system on their personal life. The article tries to examine this issue at length and focuses on the soaring concern of interference of people and media not only in terms of professional but also with respect to their personal life including issues faced by a celebrity in many ways and due to certain provisions of the legal system, media and people. As we all know about the fundamental rights provided by the Indian constitution to the People of India, which means each and every citizen of India also includes Celebrities, but unknowingly or intentionally we can say their Right of Privacy or celebrity rights are intruded by some organizations like digital media and print media. They have to face many issues along with the punishment and legal provision due to social media platforms stated in Indian Acts. All the issues are briefly expressed in the following part of the article. This Article also enlightens the effect on celebrity’s mental health and personal life because of such violations.

INTRODUCTION

The constitution of India is carved in such a way that no person shall feel that their basic rights are hindered. But does each and every human being feel protected here. Imagine being in a room full of people watching your whole life and every movement as if you are in a limelight 24/7. World of glamor is surely all about being in the limelight but it has its own consequences too. As a citizen of this country our basic right to privacy is protected but being a celebrity is not that easy. It may seem that the life of a celebrity is more perfect than any other simple man but it surely isn’t. Every common man has the curiosity of what's being happening in a celebrity’s life which gives birth to various controversies and problems in their personal life. Celebrities face day to day challenges in this society with respect to their rights, life and privacy. Not only Actors or musicians but also politicians, sports persons or any other extraordinary person who is in the limelight is called a celebrity.Article 19(1)(a) of the Indian Constitution, every citizen has freedom of speech and expression and so does the media. Digital and print media have an important role in keeping us informed and keeping us updated on the situations which happen in our country or at international levels. But the media has evolved very rapidly and has crossed their limits by invading someone’s personal life or their space for breaking news and all stuff which might be a misuse of Articles or fundamental rights provided by the Indian Constitution. Celebrity’s life is mostly intruded upon by people through the media. There are no separate codified laws for celebrity rights. Celebrity rights come under some bundle of common laws and rights which includes article 21 of the Indian constitution while other certain legislation about celebrity rights is under trademark act and copyright act.

INTERFERENCE OF MEDIA

Most reputed and famous person has the greatest chance of getting stuck into any kind of controversy. Curiosity of the common man leads to controversies in the life of a celebrity. Media plays an important role with respect to controversies happening in a celebrity’s life. People are relying on the media and trusting it like never before. Media can use its power which can result in defamation or publicity rights with respect to celebrities. Celebrities work hard to make their place in a society as they are given a lot of value and dedicate their whole life to gain that status and improve their personality. Media through controversies related to their personal life issues are used for the TRP’s which can spoil the personality of a celebrity in a second. There is no statutory provision for personality rights but no one can take one’s personality rights which are made by himself according to trademark law which protects this violation to some extent. But is it really sufficient? People should know and have a general idea about their celebrities but to what extent. Celebrities have challenged the case in which supreme court has given a new dimension to article 19(1)(a) in case of Uttar Pradesh v. Raj Narain which gives freedom of speech a complete right to receive and communicate information as the media has misused this ground and has caused damage to their reputation in front of the whole world.

Celebrities face many challenges through the media, one of them is defamation. Defaming a famous personality is very common nowadays. It is done to spoil someone’s image by intentionally using any words or lines or visible representation only to harm the reputation of a famous personality. Defamation can be in written form or defamatory statement in written which is called libel or can be slander which is spoken. Freedom of Speech and Expression, as provided in the Indian Constitution under Article 19, provides that all citizens shall have the right to freedom of speech and expression. However, such freedom is subject to reasonable restriction. The protection of reputation of another person falls within the ambit of reasonable restriction and any comment or remark which hampers the reputation of another person would invite liability under the law of defamation. The Punishment given for this offense is about 2 years of imprisonment or fine or both. But in terms of defaming a celebrity is not taken as seriously as it can spoil one’s whole life. Comments on their appearances, dressing styles, work and many more which may spoil their reputation have been pointed out by the media which is certainly not necessary information to reveal to the whole world by means of ‘public interest’.

HINDRANCE OF RIGHT TO PRIVACY (CELEBRITY RIGHTS)

We do not have a special law that directly states punishment for cyber bullying or trolling, but we do have a few sections in different laws such as IPC, CRPC and IT Act which make trolling a criminal offense. Display of any object which can violate the privacy gives rights to file a complaint against any person for his offense. Also Posting sexually offensive comments or pictures or videos on social media or other platforms are also covered under the offence of trolling. The punishment for such an offense is simple imprisonment for 3 years + fine.Voyeurism – If you are a woman and any person watches or captures an image of you when you are engaged in a private act, under circumstances where you would not expect anyone to watch you and if such person publishes those images, then you can take legal action against them. Private acts may include a picture of the naked woman or a woman indulging in sexual acts. This offense can be filed under act of CRPC in schedule 1 where punishment for this offense is imprisonment for a minimum term of one year, that can be extendable to 3 years and fine.

Violation of Right to Privacy – The law or right of privacy prohibits any person to click pictures or videos and publish it or share it with other people without the consent of that person, if he does so legal action can be taken against him which is a punishable offense with imprisonment of three years. These rights have been violated as many pictures and personal stuff has been posted without their consent.

Publishing Sexually Offensive Material on the social media – In the world of internet, we have experienced or unknowingly visited some sites which is improper and might be offensive content for that page or portal which is just because to draw the attention of user. Nowadays the internet is used by all the age groups of people and such content doesn’t look for age number they just use any celebrity’s face and some offensive content on their portal but it might affect the child user or minor user. If someone’s name or face is used in such portal or content which is sexual offensive then the publisher will be held liable and will be punished as imprisonment up to 7 years.

Stalking – Nowadays, women get bothered by a person who follows them and try to contact to them to make personal relations despite her lack of interest and keeps an eye on their activities on the social media accounts and profiles or any other mode of communication, then that person is doing an offense of stalking which punishable offense where case can be filed under IPC. Trolls are new generation cyber bullying and the trollers are the type of criminals who spread rumours of any person to defame them just to derive sadistic pleasure in themselves which is a shameful act as being human. A trolling can make someone’s life as hell and many of the victims had already attempted suicide instead people should file case against such people who have interfered their personal life.

Insulting the Modesty of a Woman – If any person insults or outrages a woman's modesty, uses any word, makes any unusual sound or gesture, or displays any object which can violate your privacy, then you can file a complaint against him for his offense. Also Posting sexually offensive comments or pictures or videos on social media or other platforms are also covered under the offence of trolling. The punishment for such offense is simple imprisonment for 3 years + fine.

AFFECT ON MENTAL HEALTH

Lavish lifestyle, cars, big bank balance, popularity, it seems celebrities have it all but only for the outer world. Many more problems come in one’s life with respect to being a celebrity as everything comes with pros and cons both. Mental health in our country is one of the most neglected issues not only in terms of celebrities but for common man too. Human rights and mental health care of vulnerable populations need supportive legislation and policies. Due to defamation, censorship, social media, outrageous statements from the media had led to several traumas in the life of celebrities which harm their reputation not only professionally but personally too. Many celebrities are quitting social media for their mental health due to bullying, harassment and messages from the haters on the internet, there are plenty of reasons why stars are going on a social media detox and staying off for a long duration of time. It is a known fact that spending a lot of time browsing social media is not exactly good for mental health. In fact, recent research conducted by Pennsylvania University points out that the more time we spend on social media, the more disturbed and lonelier we become. Many big celebrities have been going through mental health issues which include not only big actors like Ryan Reynolds but also politicians and MPs of the country too. Defamation and statements from the media can spoil their career even if the controversy is a personal issue as they cannot enjoy liberty of personal space which leads to instability in life.

SUGGESTION/ CONCLUSION

The conclusion for the present article is the problem and issues faced by the celebs are genuine and shall be taken seriously by the Legal bodies or we can say legislative assembly of the central governing bodies.

For which we suggest that our government should enforce statutory laws to protect celebrities' privacy and human dignity for the sake of their mental health and their personal life. The need for statutory laws hasn't been any greater in the Indian legislature.The law relating to the right to publicity is still undeveloped in India as there are no precedents and no codified law governing the right to publicity and image rights.Therefore, in order to protect and prevent against the unauthorized exploitation of such rights, an individual must use both statutory and common law causes of action to enforce them.As we can see the commercialization of publicity and pictures rights increasing by National companies and with celebrities are waiting eagerly to stop exploitation of their rights.it is also a time to recognize the publicity and image rights in a statutory manner.Till then individual must rely on a framework of IP and other statutes to stop such exploitation.

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