Delhi High Court to Define Personality Rights Through Kapoor, Bachchan Cases

The Delhi High Court has begun hearing three consolidated personality rights lawsuits aimed at clarifying the scope and application of these rights in India. The cases involve actors Janhvi Kapoor and Vivek Oberoi, and Aaradhya Bachchan, granddaughter of Amitabh Bachchan.

Justice Anup Jairam Bhambhani, presiding over the proceedings, stated the court's intention to progressively define what constitutes personality rights. He likened the process to chipping away at a block of clay or wood to reveal a definitive form. The court has previously declined to issue blanket takedown orders for fan pages, citing concerns about infringing on freedom of speech, though it acknowledged such requests had escalated significantly.

The court also considered the role of fans and fan accounts in the lives of public figures. It questioned whether fans should be banned entirely to prevent issues, referencing prior instances where such requests were denied to protect free speech.

Furthermore, the court has sought input from its "friends," independent legal experts, to assess whether similar rules will apply across different types of public figures, including actors, influencers, and senior legal counsel. The experts suggested that the applicable rules might differ based on whether a claim is founded on commercial rights or on privacy, defamation, or dignity.

India lacks specific legislation defining personality rights, leaving courts to decide on a case-by-case basis. The joint hearing of these cases by the Delhi High Court could establish a precedent influencing what content platforms are required to remove and what fans, satirists, and critics can continue to publish about public figures.