Considering the increasing number of suits seeking protection of personality rights, the Delhi High Court on Monday said it would first hear three specific suits to consider the scope and contours of such rights.
The three suits have been filed by actors Vivek Oberoi and Janhvi Kapoor and Amitabh Bachchan’s granddaughter Aaradhya Bachchan.
While explaining the rationale behind prioritizing these cases, Justice Anup Jairam Bhambhani said,
"The way I look at it is that there is this monolithic block of clay or wood in front of me that makes no sense to me. I don't discern any design or image. I want to chip off what I consider is not personality right. Whatever remains, remains. Subsequently other matters may come up, that would require the court chip off further part so that ultimately some kind of a definitive face emerges saying that this is what personality rights is about."
During the hearing, the Court made a light-hearted remark about prayers for takedown of fan accounts in the personality rights suits filed by actors.
"Should we ban all fans? Nobody should have any fans. There will be no fan, then no problem. No celebrity should have any fan clubs or fan accounts," the Court quipped.
Several personality rights – by Senior advocate Vikas Pahwa, Akira Desai, Acharya Balkrishna, Anil Kumar Tiwari Anirudhacharya, Allu Arjun, Meenakshi Chaudhary – were listed before the Court today.
The Court said it does not want to take a batch of a large number of petitions together as it complicates the process of adjudication. It ordered that the suits other than three specified by it shall be listed later.
It asked advocates Gautam Bhatia and Rohan Alva, the amici curiae, regarding the segregation of the cases filed by celebrities, influencers, and a senior counsel.
"There are celebrities, influencers, and a senior counsel. Are the issues going to be common or would different people be treated differently?" the Court asked.
Bhatia responded that it would depend upon the exact nature of the claim.
"If it is a commercial interest which is based in propriety rights of an individual, then recognisability will matter, since it is an abuse of commercial aspect of their image. But if it founded in right to privacy, defamation or dignity, then those will be uniform," he said.
Similarly, Alva said,
"There are certain aspect of personality which fall into different brackets, which is the first thing Lordship may examine. There will be evolving cases before the court."
On August 11, the Court had directed the takedown of online content concerning Kapoor that was ex facie pornographic, obscene, prurient or lascivious and appeared to directly monetise her personality rights.
However, the Court had declined to order a blanket takedown of fan pages. It had observed that such a direction could have implications for free speech. It had also questioned the contours of personality rights in the digital age and had asked lawyers to assist it in bringing “some sanity” to the concept.
The matter will be heard next on September 30.
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