Delhi HC Says Personality Rights ‘Going Out Of Hand’, Flags Free Speech Concerns

The Delhi High Court recently expressed concerns that the protection of one's personality rights is becoming excessive, raising potential issues with free speech. In a hearing concerning actor Janhvi Kapoor's request for safeguards against unauthorized commercial use of her name, image, and other traits, Justice Anup Jairam Bhambhani cautioned that such extensive restrictions could adversely affect free speech. The subsequent court session is set for August 17.

Kapoor is requesting the removal of over 5,000 webpages and social media posts containing purportedly pornographic AI-generated content, impersonation accounts, fake booking agencies, and chatbots that allegedly profit from her persona. However, the court found these sought remedies too broad and asked Kapoor's legal team to provide a categorized list of webpages featuring "ex facie pornographic, obscene, prurient, lascivious" content that monetizes her personality rights through merchandise or services.

The bench did not order the total deletion of fan pages, as these could potentially be lampooning, critical, or otherwise constitute protected free speech.

The court also examined the overlap between personality rights and copyright, questioning whether commercial sales of copyrighted photos or artwork featuring a celebrity would inherently constitute exploitation of that individual's personality rights. Meta's counsel, Varun Pathak, argued against the petition, claiming it would be impractical to review all 5,000 flagged links and that AI-generated images are not illegal and creators deserve livelihood.

The judge cautioned Meta against breaching its role as an intermediary, stating that intermediaries should not play an excessive role. He urged the parties to help establish clearer boundaries for personality rights suits, emphasizing that the concept was originally intended with good intentions but has now become excessive.