The Delhi High Court on August 11 observed that the protection of personality rights is "going out of hand" and cautioned that broad restrictions could impact free speech. The remarks came during a hearing on actor Janhvi Kapoor's plea seeking protection against unauthorized commercial use of her name, image, and other personality traits. Kapoor is seeking removal of over 5,000 webpages and social media posts featuring alleged pornographic AI-generated content and impersonation accounts, according to inc42.com.
Justice Anup Jairam Bhambhani made the observations while examining the scope of personality rights in the digital age. The court noted concerns over the extent to which public figures can demand removal of online content without restricting legitimate expression. Kapoor's counsel was directed to submit a detailed list of webpages with clearly pornographic or obscene content that directly monetizes her personality rights. The bench indicated willingness to grant relief in such categories but declined to order blanket removal of fan pages, citing potential overreach.
The case highlights the challenges courts face balancing personality rights and free speech amid rising use of AI-generated content and impersonation online. It also underscores the legal complexities public figures encounter in combating unauthorized commercial exploitation of their persona. Similar cases globally have grappled with defining limits on content removal requests to avoid stifling legitimate fan expression or commentary. The Delhi HC's approach reflects growing judicial caution in regulating digital content involving celebrities.
The next hearing in the matter is scheduled for August 17, when Kapoor's counsel is expected to present the tabulated list of webpages identified as directly monetizing her personality rights through obscene or pornographic content, according to inc42.com.