The Delhi High Court heard arguments on October 7 in the personality rights suit filed by actor Janhvi Kapoor, focusing on the scope of rights over a celebrity's image and commercial use. Gautam Bhatia, the court-appointed amicus curiae, argued that merely profiting from a celebrity’s image should not be sufficient grounds for platforms to take down content, emphasizing the need for additional factors to justify injunctions, according to medianama.com.
Bhatia explained that commercialisation alone does not warrant takedown orders; instead, there must be an element such as deception, false advertisement, or misleading association, which constitute passing off claims. He suggested that courts should address commercial claims involving celebrities through passing off, copyright, and trademark laws, while other claims should be adjudicated based on privacy, dignity, and autonomy rights that apply universally, regardless of fame. The hearing, presided over by Justice Anup Jairam Bhambhani, is ongoing with further arguments scheduled for October 8.
This case is part of a broader judicial effort to clarify personality rights in India, with similar suits filed by actors Vivek Oberoi and Aaradhya Bachchan being heard concurrently. The court’s approach to distinguishing commercial exploitation from privacy and dignity rights could set important legal precedents for content regulation on social media platforms and the protection of celebrity images in the digital age. The ruling may influence how courts balance freedom of expression with protection against misuse of personality rights.
Following Bhatia’s submissions on October 7, lawyers representing social media platforms are expected to present their responses on October 8 at 1 pm, as the court continues to deliberate on the legal standards for takedown requests involving celebrity images and personality rights in India.