Delhi Court: Public Figure Content Not Always Removed

The Delhi High Court has ruled that not all content about public figures can be removed. This is different from previous cases where removal was easier.
By Newsroom | Law, Delhi |

The Delhi High Court has stated that not all content involving public figures can be taken down unless it is demonstrably defamatory. The court, hearing a plea by actor Arjun Kapoor concerning the misuse of his personality rights, including AI-generated deepfakes and explicit material, observed that individuals in the public eye are subject to broad scrutiny.

Justice Gedela remarked that while protections exist, a distinction must be made between genuinely offensive material and general expressions, satire, or creative output. The court indicated that imposing blanket restrictions on all content related to a public figure is not feasible. It is expected to issue a detailed interim order on Kapoor's plea for protection against the unauthorized use of his persona.

Arjun Kapoor personality rights case: Not all content on public figures can be removed unless defamatory, says Delhi High Court - 1

Arjun Kapoor approached the court alleging commercial exploitation of his image and likeness. His counsel, Pravin Anand, informed the court that several defendants were using Kapoor's photographs and attributes without permission. This misuse reportedly includes unauthorized bookings, merchandising such as T-shirts and mugs, and the circulation of sexually explicit material, deepfakes, and pornographic content. Anand argued that the content goes beyond satire or harmless creativity, presenting fabricated visuals that distort Kapoor's identity and are AI-generated.

Read More: Delhi Court: Public Figures Can't Remove All Online Content

The court has previously granted similar protections to various public figures, including Jubin Nautiyal, Vivek Oberoi, Allu Arjun, Mohanlal, Pawan Kalyan, Sunil Gavaskar, Karan Johar, and members of the Bachchan family. Kapoor's plea names social media platforms like YouTube and Facebook, along with tech companies Google LLC and Meta Platforms, as defendants.

The submissions highlighted that some disputed posts involve morphed images placing Kapoor in explicit scenarios, which Anand argued carry significant emotional impact and are not mere parody. The court cautioned that overly broad restrictions could interfere with established legal precedents. Kapoor's case joins a series of similar actions in Indian courts concerning personality and publicity rights.

Read More: Delhi Court: No Total Ban on Content About Public Figures

Frequently Asked Questions

Q: What did the Delhi High Court say about content involving public figures?
The Delhi High Court stated that not all content involving public figures can be removed. It must be clearly defamatory to be taken down.
Q: Why did actor Arjun Kapoor go to court?
Arjun Kapoor filed a case because his image and personality rights were being used without permission, including for fake AI content and explicit material.
Q: What kind of content was Arjun Kapoor concerned about?
The court heard about the misuse of his image for unauthorized bookings, merchandise, and the spread of sexually explicit material, deepfakes, and pornographic content.
Q: Will all content about public figures be removed now?
No, the court indicated that it cannot impose blanket bans on all content. A distinction will be made between harmful material and general expression or satire.
Q: Has the court helped other public figures before?
Yes, the court has previously granted similar protections to other well-known people like Jubin Nautiyal, Vivek Oberoi, and members of the Bachchan family.