Delhi HC: Personality rights can't block reporting on wrongdoing

Public figures cannot leverage their personality rights to block reporting on their wrongdoing, the Delhi High Court stated on October 9. Justice Anup Jairam Bhambhani remarked that personality rights are being misused to cover up misconduct, emphasizing that "there is no confidentiality about wrongdoing. There is no privacy about wrongdoing."

The judge made these observations while hearing arguments in a lawsuit filed by actor Janhvi Kapoor, who argued that personality rights belong to all individuals, not just celebrities, and that publicly posting photos does not grant permission for their reuse. The court is also considering similar cases from actors Vivek Oberoi and Aaradhya Bachchan.

Justice Bhambhani questioned why fans should be denied knowledge of a celebrity's troubles, citing golfer Tiger Woods as an example. "Can a celebrity or anybody with a personality right not fall from grace? And if so, the fans should know," he said. The judge presented a hypothetical scenario of an individual under investigation for a large bank fraud attempting to prevent media coverage by claiming reputational harm. He asserted that a celebrity committing an act that brings infamy cannot turn to the courts to silence discussion.

The judge also noted that public figures need a "thicker skin." While private conversations of ordinary individuals are protected, celebrities' private discussions, if overheard, cannot be as easily complained about, as "everybody's interested" in what stars say. However, Kapoor's counsel, Asav Rajan, clarified that the actor's claims are limited to AI-generated content, merchandise, and commercial misuse, not a blanket attempt to block criticism.

The ongoing case aims to define the scope of personality rights and how they balance an individual's right to privacy against the public's right to know, particularly in an era of evolving digital media and artificial intelligence.