The Delhi High Court on Friday stated that it is not inclined to grant blanket interim injunctions in personality rights suits.
Justice Anup Jairam Bhambhani was dealing with a suit filed by actor Meenakshi Chaudhary seeking protection of her personality rights.
“I am against granting blanket injunction on personality rights,” he said during the hearing.
While agreeing that obscene content on the internet can be taken down by court orders, Justice Bhambhani questioned the extent to which ex parte injunction orders can be passed.
“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?”
The Court asked counsel representing the actor to demonstrate how her personality rights are being exploited.
“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?”
Counsel representing the actor submitted a compilation of the infringing weblinks under three broad categories.
The first category contained unauthorised obscene or sexually explicit content pertaining to her. The second category carried websites that are engaged in monetising from photographs and videos of her. The third category highlighted unauthorised sale of merchandise and services in her name.
The Court proceeded to grant an ex parte ad interim injunction on the obscene content.
Justice Bhambhani also tagged Chaudhary's suit along with other similar suits filed by actors Janhvi Kapoor and Vivek Oberoi, where the Court will consider the contours of personality rights cases.
The Court also stated that some public personalities misuse court orders, because of which the contours of such suits need to be examined.
“I want to decide this as a matter of law,” he stated.
The next date of hearing is September 22.