Delhi HC: Personality Rights 'Going Out of Hand', Flags Free Speech Concerns

The Delhi High Court (HC) observed yesterday that the concept of safeguarding personality rights is "going out of hand" and cautioned that broad restrictions could impact free speech. Justice Anup Jairam Bhambhani made the observation while hearing actor Janhvi Kapoor's plea seeking protection against the unauthorized commercial exploitation of her name, image, and other personality traits.

The court examined the scope of personality rights in the digital age, including the extent to which public figures can seek removal of online content and whether such relief could inadvertently restrict legitimate expression. Kapoor is seeking the removal of over 5,000 webpages and social media posts allegedly exploiting her name and persona for commercial gain, including through AI-generated content and impersonation accounts.

The HC found the reliefs sought to be overly broad and directed Kapoor's counsel to submit a list of webpages carrying "ex facie pornographic, obscene, prurient, lascivious" content that appear to be directly monetizing her personality rights. However, the court declined to order blanket removal of fan pages, stating such a direction could have implications on free speech.

The court noted that fan pages might be critical of a public figure's work and questioned whether such pages should be shut down merely for featuring the celebrity. The HC also examined where personality rights intersect with copyright, questioning if the commercial sale of a copyrighted photograph or artwork featuring a celebrity automatically amounts to exploitation of that person's personality rights.

The case highlights a growing trend where not just celebrities but also startup founders are seeking legal protection for their personality rights in the digital age, prompting courts to balance individual rights with free speech and access to information.