If you are a public figure, be ready for brickbats: Delhi High Court to Acharya Balkrishna in personality rights case

While hearing a personality rights suit filed by Patanjali’s Acharya Balkrishna, the Delhi High Court on Monday remarked that a public figure must be ready for brickbats.

Justice Tushar Rao Gedela said that the Court cannot stop people from making fun of public figures unless the criticism is humiliating or disparaging. 

The Court made the remark after noting that Balkrishna was seeking the removal of several news reports published by news outlets like India Today, Economic Times and certain caricatures. 

“You have newspapers, you have cartoonists. They do make caricatures, they do make fun of people, right? Now, whether that can be taken now? If you are going to be a public figure, please be ready for brickbats too. People will make fun. We can’t stop that, unless it is disparaging or something that puts your respect down or humiliating,” the Court said.

Counsel appearing for Google told the Court that the directions sought by Balkrishna in his personality suit are “very dangerous” since he is seeking removal of several news articles and commentary on the Supreme Court’s adverse remarks against Balkrishna and Patanjali. 

Google said that the media organisations like India Today and Economic Times, whose articles were requested to be taken down, were not even made parties to the case.

He added that such suits cannot be used to wage a proxy battle against social media intermediaries.

Senior Advocate Arvind Nayar appeared for Balkrishna and said that he was ready to make a statement that anything connected with the Supreme Court judgment may not be taken down. 

He added that Balkrishna commands a substantial following not just in urban centres, but also in rural parts of the country. Such individuals, by reason of their socioeconomic and educational background, may not possess the technical awareness or digital literacy necessary to distinguish between authentic content and manipulated media, including deep fakes, fabricated videos, or artificial voice-overs, he said. 

Justice Gedela noted that one of the reports sought to be taken down was a news story by the Times of India stating that several fake Patanjali websites are under scanner The Court remarked that a personality rights suit is not a public interest litigation (PIL) where a person can make omnibus prayers. 

“Can we direct them [news organisations] to take this down behind their backs? This is not a public interest litigation. Even in public interest litigation we make sure that the parties are before us. You have made a very omnibus kind of allegations against everybody,” the Court said. 

The Court acknowledged that Balkrishna has personality rights and to protect the same, he must narrow down the relief sought.

Nayar said he would take instructions and come back tomorrow (Tuesday). 

The Court then adjourned the case to Tuesday.

Along with Senior Advocate Nayar, advocates Yagyawalkya Singh, Divya Swamy and Rishav Ranjan appeared for Balkrishna.