Olympic Ads Under Fire: How Sportspersons Can Protect Their Personality Rights

The International Olympic Committee and the Indian Olympic Association are cracking down on unauthorised ads as the Olympic fever catches the world in a maze of memes and celebratory posts. They’re making it clear: if you want to promote the Paris Games, you need their official nod.

Advertising is not a small matter in sports today, and there is value to the various media and exploitation rights, as per Aarushi Jain, partner at Cyril Amarchand Mangaldas.

Using player images involves following sport organisers' rules, copyright laws, player contracts, sponsorship deals, how the player is portrayed, and obtaining their consent, said Jain, who heads the media, education and gaming laws’ team at her firm.

Recently, some media reports mentioned that Manu Bhaker’s team recently sent a legal notice to brands for using her photos without permission to congratulate her on winning two bronze medals at the Paris Olympics. The notices claim these brands had no rights to feature Bhaker in their social media ads as the sportsperson is not associated with any of them.

However, what remedy would Bhaker or any personality like her have in this situation?

Brands using Manu Bhaker’s image in ads without permission could face legal issues if these ads are seen as endorsements, according to Ameet Datta, partner at Saikrishna & Associates.

However, without proving that these messages misrepresent a connection or endorsement by Bhaker, it’s difficult to win such cases in India, he said.

But what stops a social media handle from simply congratulating a sportsperson?

Whether using a public figure's image in a congratulatory message infringes on their personality rights depends on factors like the purpose of the use, its extent, and the figure's status, according to Anupam Shukla, partner at Pioneer Legal.

Personal congratulatory messages to public figures are protected as free speech, but using them for commercial gain or advertising without consent can lead to legal action, reiterated Jasmine Damkewala, partner at Circle of Counsels.

In the case of Daler Mehndi Entertainment versus Baby Gift House, the court addressed for the first time in India the issue of using someone's image for commercial purposes.

Article 21 of the Indian Constitution, which protects privacy and personal autonomy, doesn't specifically cover commercial use of a person’s image or identity. While it safeguards individual privacy, it hasn't been applied directly to commercial cases.

In another case, Titan Industries Ltd. versus Ramkumar Jewellers, the court clarified that controlling the commercial use of a person's identity is part of their right to publicity. This means individuals can take legal action if their image or identity is used for commercial gain without permission, which also violates their privacy.

In more popular instances, actors such as Amitabh Bachhan, Anil Kapoor and Jackie Shroff have also fought for and secured their personality rights.

Finally, the athlete can legally stop and prevent unauthorised use of her identity and seek damages for any financial or reputational harm, especially if they do not want to be associated with a particular brand or product, according to Damkewala.