In a key legal development concerning digital privacy and celebrity personality rights, the Delhi High Court has passed an order directing social media platforms to remove obscene and pornographic content associated with Bollywood actress Janhvi Kapoor. Hearing a petition filed by the actress seeking protection of her image and publicity rights, the court affirmed that no individual or commercial entity can utilize her likeness, photographs, or videos for monetary gain without explicit authorization. However, while granting relief against explicit content, the court declined to issue a sweeping injunction against social media fan pages dedicated to the actor.
Addressing Explicit Content and Commercial Exploitation
The proceedings took place before a single judge bench of Justice Anoop Jairam Bhambhani at the Delhi High Court. Legal counsel representing Janhvi Kapoor informed the bench that over 5,000 web pages and posts across multiple digital platforms were misusing her photographs and video clips for commercial advantage while infringing upon her personality rights. The petition emphasized that her image was being deployed unlawfully in indecent contexts to generate revenue. Acknowledging these concerns, the court observed that every individual is entitled to legal safeguard against the unauthorized and sexually explicit misuse of their identity across digital networks.
To ensure targeted enforcement, the court instructed the petitioner's legal team to refrain from making generalized claims and instead compile a structured chart detailing specific web addresses. The bench directed that a comprehensive tabular list must be submitted identifying the exact URLs where pornographic, sexually suggestive, or offensive material featuring the actress has been published. The court reasoned that intermediate digital platforms require precise location identifiers to swiftly process takedown requests and block offensive material effectively.
Court Refuses Blanket Shutdown of Fan Pages
A major prayer in the petition sought a comprehensive ban on social media fan accounts operating under Janhvi Kapoor's name, which the High Court firmly rejected. Justice Bhambhani noted that fan pages exist within the realm of constitutionally guaranteed freedom of speech and expression, carrying both admiration and critique. The bench remarked that dislike of critical commentary or selective fan posts does not justify shuttering entire fan communities, as public evaluation forms an integral part of digital commentary.
Elaborating on the dynamics between public figures and digital audiences, the court highlighted that celebrities cannot operate in total isolation from internet commentary. Observing the interactive nature of online platforms, Justice Bhambhani pointed out that public figures regularly navigate user feedback and fan activities. The court questioned the feasibility of shutting down fan clubs altogether, stressing that fan pages represent a broader public culture where followers express support alongside critical opinions.
Clarifying the Scope of Personality Rights and Fan Art
During the hearing, the court also delved into the legal boundaries of celebrity personality rights versus artistic freedom. Justice Bhambhani clarified that creating or selling fan art, sketches, or portraits of a public personality does not automatically amount to illegal commercial exploitation or rights infringement. The bench observed that artistic expressions, including fan-made portraits sold in the market, fall within permissible creative activities rather than unauthorized commercial appropriation of a star's persona.
