Delhi High Court orders takedown of derogatory content on PhysicsWallah founder Alakh Pandey

Justice Anup Jairam Bhambhani passed the interim order in the suit filed by Pandey seeking the protection of his personality rights.
Alakh Pandey
Alakh PandeyFacebook
Published on
2 min read
Listen to this article

The Delhi High Court today passed an interim injunction order directing the takedown of few websites and social media content flagged as obscene, derogatory and involving the unauthorised commercial use of personality traits of Alakh Pandey, the founder of PhysicsWallah.

Justice Anup Jairam Bhambhani passed the interim order in the suit filed by Pandey seeking the protection of his personality rights.

The Court also issued summons to the defendants (those accused of uploading objectionable content) in the suit. It further directed Google, X, Telegram and LinkedIn to share the basic subscriber information (BSI) of those behind the websites flagged for hosting objectionable content.

A detailed order is yet to be passed.

"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," Justice Bhambani said.

Anup Jairam Bhambhani
Anup Jairam Bhambhani

Pandey was represented by Senior Advocate J Sai Deepak. He flagged certain obscene and derogatory content against his client and highlighted instances where Pandey's personality traits were commercially exploited without consent.

"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. Innuendoes and insinuations are made. The content is commercial, unauthorised and downright obscene. There is heavy-duty sexually demeaning content that shows me in a predatory light. Abusive language is used. We are not ultra sensitive to criticism. Some red lines people have to follow," he stated.

Deepak also told the Court about instances of impersonation on a Telegram channel called ‘Alakh Sir lectures’ and fake social media accounts in Pandey's name.

J Sai Deepak
J Sai Deepak

Yesterday, the Court had asked for a note with infringing links in three categories of violations

1) content commercially exploiting Pandey’s personality traits;

2) vulgar/sexually explicit content, short of being satire, lampooning, parody; and

3) content impersonating Pandey.

In today's hearing, Senior Advocate Deepak presented a chart with such links, as well as the names of the defendants against whom relief was being sought.

"A picture speaks a thousand words," the Senior Advocate said while referring to one of the flagged objectionable posts.

A parody and satirical video on Pandey was also played in the court. However, after watching the short clip, the court refused to pass a takedown order of this specifc video.

The Court has indicated that it will pass a detailed order for the takedown of other content flagged by Pandey. The case is listed next in November.

Senior Advocate Sai Deepak was briefed by Advocates Mohit Goel, Sidhant Goel, Abhishek Kotnala, Kartikeya Tandon and Madhura Mazumdar from Sim And San.

Bar and Bench - Indian Legal news
www.barandbench.com