YEAR 2021

ISBN 978-84-1359-145-2

The right to one's own voice as a personality right

Julia Ammerman Yebra


personality rights, right to speech, right to one's own voice, person, personal inviolability 


This work is based on a historical analysis of the protection of the personality, and how an elastic category of personality rights has been formed, which allows its adaptation to the new realities of protection that the person requires. In this sense, the human voice, in addition to being an instrument of communication and expression, and even in some cases an artistic and work tool, is a feature that uniquely identifies us and reflects our personality, which makes our voice worthy of legal protection. This paper proposes a configuration of the right to the voice in the Spanish legal system as a personality right, with a markedly patrimonial character and whose protection must also be guaranteed once its owner has died. It is postulated that the voice may constitute the main service of a contract, for example, in the artistic, technological or dubbing sectors. It is determined that its legal protection will be given, primarily, through art. 9 Organic Law 1/1982, on the civil protection of the right to honour, personal and family privacy and one's own image, especially by means of preventive actions, compensation for damages and unjust enrichment; likewise, in certain cases, the regulations on data protection, intellectual property and unfair competition may also be applied.

El derecho a la propia voz como derecho de la personalidad.