Delhi High Court Orders Removal of Obscene Content Linked to Janhvi Kapoor, Protects Her Personality Rights
Srijani Roy Chowdhury
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The Delhi High Court has directed the removal of obscene and pornographic content circulating online in connection with Janhvi Kapoor. The court has declined to impose a blanket ban on fan pages or other unauthorized content. It observed that personality and privacy rights cannot be interpreted so broadly that they end up restricting freedom of speech, particularly in the case of public figures.
A Bar and Bench report states that Justice Anup Jairam Bhambhani was hearing Janhvi Kapoor’s plea seeking protection of her personality rights against the unauthorized commercial exploitation of her identity. The actor had sought directions against more than 5,000 webpages and social media posts allegedly using her images for commercial purposes.
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The Court acknowledged Kapoor’s right to protection against content that is clearly obscene or offensive. However, it asked her legal team to narrow down the material for which they were seeking immediate intervention. The lawyers were directed to prepare a detailed table identifying webpages that specifically contained pornographic, obscene or lascivious content.
The Court wasn’t in agreement for removing fan pages altogether. The Court realises that some fan sites may praise the actor, while others may provide criticisms. Justice Bhambhani added, “We are not the conscience keepers of the nation. The solution may be worse than the problem. It was at the very root of free speech. Fan pages may be lampooning, adulatory of your work, critical of your work. You don't want fans? It is the digital world. No comments, no URLs...You will find yourself living in a cave.”
Bhambhani also shared, “They should just be genuflecting in front of you? Stand and touch my feet? How can you shut down all fan clubs? You are a public personality. Who is immune these days? Everyone who is in the public domain is being abused left, right and centre."
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The Court also discussed the differences between copyright and personality rights. Justice Bhambhani questioned whether selling a photograph or artwork featuring a celebrity does not automatically mean the creator is unfairly profiting from that individual’s identity.
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