The Delhi High Court heard arguments on October 8 regarding the use of publicly available photos of celebrities by fan clubs. The court is considering how to balance fan expression with personality rights in cases involving actors Janhvi Kapoor, Vivek Oberoi, and Aaradhya Bachchan, with Justice Anup Jairam Bhambhani presiding and Gautam Bhatia serving as amicus curiae, according to medianama.com.
Gautam Bhatia advised the court that fan pages should be permitted to use publicly accessible images unless they defame the celebrity, breach privacy, falsely imply endorsement, or infringe copyright. Justice Bhambhani questioned the practicality of this test, asking how a fan club could operate without using the celebrity’s likeness. Bhatia illustrated unlawful conduct with examples such as sharing private contact details, making defamatory claims, suggesting false endorsements, or using copyrighted broadcast clips without permission, as reported by medianama.com.
This case is significant for defining the scope of personality rights in India, particularly how public figures’ images can be used by fans without legal repercussions. The court’s ruling could set important precedents for fan engagement and content sharing online, distinguishing between permissible fan activity and violations like defamation or privacy breaches. Similar cases involving prominent actors highlight the growing legal attention on digital content and celebrity rights, per medianama.com.
Justice Bhambhani will continue questioning the amici curiae on October 9 at 3:30 pm as the court works toward clarifying the legal boundaries for fan clubs using celebrity images, according to medianama.com.