The Delhi High Court, on a recent Friday, clarified its stance on not granting blanket interim injunctions in cases concerning personality rights. The court’s decision emerged during proceedings involving a lawsuit from actor Meenakshi Chaudhary, who sought to protect her personality rights.
Judicial Perspective
Presiding over the case, Justice Anup Jairam Bhambhani articulated his reluctance to endorse blanket injunctions in matters related to personality rights. He emphasized the need for a nuanced approach, particularly when dealing with content on the internet that may be deemed obscene or vulgar. Justice Bhambhani remarked, “If there is something vulgar or obscene, it will have to go. You are a public personality. Where do we draw the line? A line needs to be drawn. But where do we draw the line?”
Case Details
The court engaged with the counsel representing Meenakshi Chaudhary, urging them to demonstrate the specific ways in which her personality rights were allegedly being violated. Justice Bhambhani pointed out that merely asserting ownership of a photograph does not equate to copyright ownership unless explicitly stated. He challenged the counsel, “Just saying it is not enough. Just because it was your photograph does not mean you own copyright on it. If you don’t want people to photograph you, you say so, that don’t ever carry the photo. I will pass that order that all photos are to be pulled down. Disappear from the internet. You want that?”
Infringing Content Categories
The actor’s counsel submitted a compilation of infringing web links, categorizing them into three distinct groups. The first category encompassed unauthorized obscene or sexually explicit content related to Chaudhary. The second involved websites profiting from her images and videos, while the third highlighted unauthorized sales of merchandise and services under her name.
Judicial Action
In response, the court granted an ex parte ad interim injunction specifically targeting the obscene content. Additionally, Justice Bhambhani decided to tag Chaudhary’s case with other similar lawsuits filed by actors Janhvi Kapoor and Vivek Oberoi. These cases will collectively address the legal boundaries of personality rights.
Broader Implications
Justice Bhambhani also remarked on the potential misuse of court orders by public figures, underscoring the necessity to scrutinize the legal framework surrounding personality rights. “I want to decide this as a matter of law,” he asserted, highlighting the importance of establishing clear legal guidelines. The court scheduled the next hearing for September 22.
