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The Delhi High Court on Friday passed an ex parte ad interim injunction directing takedown of obscene and sexually explicit content posted against actress Meenakshi Chaudhary.

Justice Anup Jairam Bhambhani however clarified that it cannot pass any blanket injunction order in the actress' suit seeking protection of her personality rights qua other reliefs, at the ex parte stage.

During the hearing, the Court questioned the actress' counsel to show how the defendants were using her name for commercial purposes and for making money.

“What is the evidence that they made money on your personality? When there is no allegation of any copyright infringement, when you say these are AI generated, then you have to be specific,” Justice Bhambhani said.

He categorically said that he is against granting blanket injunctions in suits concerning personality rights and that the plaintiff has to prove that monetization happens by use of the party's personality traits.

“I am against granting blanket injunctions in personality rights matters. Let me be very clear. It has to be proved that someone is making money on your images etc,” he said.
“If you don't want anyone to use your photos, then you say. I will pass an order that no one can use your photos and then every image will disappear from the internet…. If there is something vulgar or obscene, it will have to go but you are public personality. Where do we draw the line? A line is to be drawn. But where do we draw the line?,” the judge added.

The Court also remarked that not all but some parties come to Court misusing personality rights plea and thus, the issue needs proper adjudication of law in such matters.

Accordingly, the Court granted relief to the actress only qua obscene content.

The suit is now listed on September 22 when it will hear similar suits filed by Bollywood actors Janhvi Kapoor and Vivek Oberoi. The Court is adjudicating a larger legal question in personality rights matters and has even appointed amici curiae.

It may be noted that the Court has been protecting the personality rights of actress Tabu, cricketers Abhishek Sharma and Yuvraj Singh, political figures like Congress leader Shashi Tharoor and Deputy Chief Minister of Andhra Pradesh Pawan Kalyan.

It has also protected rights of entrepreneur Aman Gupta, Telugu actor Allu Arjun, Malayalam actor Mohanlal, spiritual preacher Aniruddhacharya, singer Jubin Nautiyal, former cricketer Sunil Gavaskar, and actors Kajol Devgan, R Madhavan and NTR Junior. Similar suit has been filed by actor Salman Khan.

The coordinate benches have also passed orders protecting the personality rights of “The Art of Living” foundation founder Sri Sri Ravi Shankar, Telugu actor Nagarjuna, Bollywood actors Aishwarya Rai Bachchan, Abhishek Bachchan and film producer Karan Johar.

Notably, the Court also protected the personality rights of journalist Sudhir Chaudhary, who had sought relief regarding the circulation of allegedly misleading and AI-generated videos against him on social media.

The Court also passed a john doe order protecting the personality rights of podcaster Raj Shamani, observing that he is a known face in India, especially in the field of content creation.

Title: MEENAKSHI CHAUDHARY v. JOHN DOE & Ors

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