Personality Rights
Personality rights are also known as the right to privacy given to an individual to supervise his/her commercial use of personal property like his/her name, identity, image. Personality rights are property rights as it is the person’s reputation that builds in his/her name in the society where he dwells. If someone maliciously uses it, it can traumatize a man, leading to mental and emotional health ailments and sometimes death.
It is a permissible restriction on freedom of speech and expression as sometimes any statement said or published about someone may lead to hampering his/her reputation in the market and may put his/her work to loss.
Hampering an individual personality right is both felonious and brings in civil as well as criminal obligations.
An individual can raise his/her voice against the publisher or writer under criminal or civil jurisdiction and is entitled to receive damages for actual loss incurred.
Libel and slander are both punishable in the eyes of the law; both bring in a threat of defamation of a person’s reputation.
Libel is both civil and criminal wrong, whereas slander is a civil offense as libel is permanent in the form of art, painting and on the other hand, slander is words and gossips which may be published or unpublished.
Trespass to Personality
The trespass to personality may cause monetary or non-monetary loss to a person. Emotional pain and suffering and loss of expectations and future income lost because of another person lead to trespass to personality or personal injury. Intentional confinement or without lawful justification may be torturous; any may create tortious liability on the doer of tort.
False imprisonment: Snatching an individual’s liberty without lawful justification is a crime. Moreover, total or partial confinement without legal cause accounts for false imprisonment, amounts to an actionable tort, and a criminal offense.
Battery: Attacking someone in a vindictive way to harm someone physically is also a kind of trespass to personality. For example: kissing any person without permission is also amounts to battery.
Assault: An act to threaten a person of an attack is called assault, and it creates a fear in the defender’s mind of being harmed.
Malicious prosecution: False accusation of an innocent person is known as malicious prosecution. It may not just harm a person by snatching his/her liberty but also by defaming him.
Right To Privacy and Right To Personality
The right to privacy is a fundamental right of a person which entitles every individual to his/her private things saved and secured from society, unpublished and undeclared. An individual has a right to live alone, and the government can also not undue interfere in someone’s private space. Therefore, privacy right is considered a personality right.
Privacy rights protect individual rights related to his/her property, private and family life, home, and body.
Privacy rights save the freedom of citizens.
Rights to the protection of the reputation of an individual and intellectual rights are suitable to personality rights.
The right to privacy protects an individual’s right to personal development and provides him/her opportunities to grow and explore without any interference arbitrarily.
The law safeguards privacy and personality rights, as they fulfill requirements concerning the overall development of an individual and nation.
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