Delhi High Court Issues Interim Injunction for Content Takedown
In a recent legal development, the Delhi High Court has issued an interim order mandating the removal of certain websites and social media content deemed obscene and derogatory towards Alakh Pandey, the founder of PhysicsWallah. The order also addresses the unauthorized commercial utilization of Pandey’s personality traits. The interim injunction was pronounced by Justice Anup Jairam Bhambhani after Pandey filed a lawsuit to safeguard his personality rights.
The Court has also taken steps to summon the defendants accused of uploading the contentious material. In addition, Justice Bhambhani directed major online platforms such as Google, X (formerly Twitter), Telegram, and LinkedIn to disclose the basic subscriber information (BSI) of individuals operating the websites hosting these objectionable contents. A comprehensive order is anticipated in due course.
Justice Bhambhani noted, “I will be making some observations as to why I am only injuncting these specific links restricted to the three sets of content. I will dictate separately. I am not making them now.”
Legal Representation and Allegations
Senior Advocate J Sai Deepak represented Pandey, highlighting the existence of obscene and derogatory content targeting his client. Deepak pointed out instances where Pandey’s personality traits were commercially exploited without his permission. “Telegram stickers are being made from my face and being sold for commercial purposes. As an educator, it has the potential to bring me down in the eyes of the students,” he argued. The advocate emphasized the presence of content depicting Pandey in a sexually demeaning and predatory light, as well as the use of abusive language.
Deepak further described cases of impersonation on a Telegram channel named ‘Alakh Sir lectures’ and fake social media accounts purporting to be Pandey.
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Details of Content Categories
Previously, the Court had requested a detailed note with infringing links under three categories: 1) content exploiting Pandey’s personality traits without authorization; 2) vulgar or sexually explicit content, excluding satire, lampooning, or parody; and 3) content impersonating Pandey. In response, Senior Advocate Deepak submitted a chart itemizing such links and identified the defendants involved.
During the court proceedings, a parody and satirical video concerning Pandey was showcased; however, the court opted not to issue a takedown order for this particular video.
Future Proceedings
The Court has signaled its intention to release a detailed order concerning the removal of other flagged contents. The case is slated for another hearing in November. Senior Advocate Sai Deepak was supported by a legal team comprising Advocates Mohit Goel, Sidhant Goel, Abhishek Kotnala, Kartikeya Tandon, and Madhura Mazumdar from Sim And San.
