The Delhi High Court on Tuesday heard Janhvi Kapoor’s petition seeking protection of her personality rights. Kapoor’s counsel told the court that the actor was facing issues involving pornographic content, impersonation accounts, AI-generated images and unauthorised use of her name and likeness online.
The counsel also referred to several social media profiles and links, including pages that allegedly used Kapoor’s photographs in inappropriate ways. He sought directions for such content to be taken down.
Court questions blanket plea over Janhvi Kapoor’s fan pages
During the hearing, as per Bar and Bench, the court questioned Kapoor’s request for broad protection covering a large number of URLs. The court noted that the plea involved thousands of links, including fan pages, and questioned whether a blanket injunction could be granted against them.
The court observed that fan pages can be supportive, critical or simply created by admirers. It questioned how all such pages could be treated in the same manner.
The court also raised questions about the distinction between a celebrity’s personality rights and the copyright held by the person who takes a photograph.
The court noted that celebrities put aspects of their personalities into the public domain through films, appearances and endorsements. It questioned whether every commercial use of a photograph or reference to a celebrity would automatically amount to an infringement of personality rights.
Court says obscene content on Janhvi Kapoor can be restrained
While questioning the broader plea, the court made it clear that obscene and pornographic content was a different matter. The court said it was inclined to grant relief in categories involving content that is ex facie pornographic or obscene, material that directly monetises Kapoor’s personality rights, and content using her name or likeness to promote the sale of merchandise or services.
The court directed Kapoor’s counsel to set out the relevant URLs in a tabular form and identify those that fall within these categories. The court also directed the defendants to take down links that are obscene and pornographic.
Meta opposes broad injunction
Appearing for Meta, advocate Varun Pathak argued against a blanket order covering thousands of links. He said several of the URLs were innocuous and that it was not legally prohibited to have AI-generated images. He also argued that platforms could not be expected to manually examine thousands of links and determine whether each one was inappropriate.
The court, meanwhile, said that determining what is inappropriate could require a detailed examination and reiterated that the relief sought was too broad.
Court says personality rights need ‘sanity’
During the hearing, Justice Bhambhani also expressed concern about the expanding scope of personality rights. “I would want you to assist me to bring some sanity in the concept of personality rights. It is going out of hand. It started as something small, done with good intentions,” the court observed.
The court also cautioned against using personality rights to restrict legitimate criticism, fan activity and free speech. The court said it was not inclined to grant a blanket order covering all the URLs and asked Kapoor’s side to narrow down its request.
What was the final court order in Janhvi Kapoor’s case?
The court issued summons and notice on Kapoor’s interim application. It directed the plaintiff’s counsel to identify, in tabular form, URLs that are clearly pornographic, obscene or prurient, or those that directly monetise her personality rights through her name and likeness. The court said relief could be considered in these specific categories.
Justice Bhambhani said he would pass an operative order, followed by a detailed order. The next hearing in the matter is scheduled for August 17.
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