Aaj Khush‘i’ to bahot hogi

After Janhvi Kapoor, Delhi HC orders takedown of obscene content, unauthorised merchandise featuring Khushi Kapoor 

The Delhi High Court on Wednesday directed the removal of allegedly obscene and pornographic content concerning actor Khushi Kapoor from social media platforms, while also ordering the takedown of content linked to the unauthorised sale of merchandise using her personality attributes.

Justice Jyoti Singh passed the directions while hearing Kapoor's suit seeking protection of her personality and publicity rights.

The court indicated that it would pass a John Doe order in Kapoor's favour in connection with her interim injunction plea. Such an order would provide protection against unidentified persons who may be found involved in the unauthorised use or exploitation of her identity. Kapoor was represented by India Law through its partners Asav Rajan and Abha Shah.

The order came a day after a coordinate bench of the Delhi High Court passed a similar takedown direction concerning allegedly objectionable content and unauthorised exploitation of the personality rights of Kapoor's sister, actor Janhvi Kapoor.

The Delhi High Court has, in recent years, dealt with a growing number of cases involving the unauthorised use of celebrities' names, photographs, voices, likenesses and other distinctive personality attributes. Such cases have included their use in commercial merchandise, misleading digital content and AI-generated material.

The increasing number of these proceedings reflects the legal challenges posed by unauthorised commercial exploitation, deepfakes, manipulated images and other forms of digital misuse of public figures' identities. 

In such proceedings, courts have considered a person's name, image, voice, likeness and other distinctive attributes as elements capable of receiving legal protection against unauthorised exploitation, particularly where such use affects commercial interests, reputation, privacy or dignity. 

Partial victory for Janhvi

On August 11, the Delhi High Court ordered the removal of any obscene or pornographic materials that exist on the internet of actress Janhvi Kapoor. However, it fell short of giving a blanket injunction against any fan pages and other unauthorised material. The court held that personal rights cannot be construed in such a way that they act to curb freedom of speech, especially regarding celebrities. However, it did not agree to the demand for removing fan pages because the court realised that fan sites can have many variations; some may praise the work of an actor while others may criticise it.