Not All Content On Public Figures Can Be Restrained Unless Derogatory: Delhi High Court Remarks In Arjun Kapoor's Personality Rights Suit

Bollywood actor Arjun Kapoor on Wednesday moved the Delhi High Court seeking protection of his personality rights against AI misuse and pornographic content.

Justice Tushar Rao Gedela heard Advocate Pravin Anand appearing for the actor who took the Court through defendants who are indulging in sale of merchandise using Kapoor's personality traits, including his photos, without his consent.

He also told Court that some defendants were posting sexually explicit material, deepfakes and pornographic content against the actor.

Anand said that Justice Gedela had earlier seven passed orders protecting personality rights, including of singer Zubin Nautiyal, actor Vivek Oberoi, Acharya Balakrishna etc.

As Anand took the Court through the impugned content, Justice Gedela remarked that in cases of public figure, not everything can be ordered to be taken down unless the same is derogatory and defamatory.

Anand responded that the content is not humour or satire but is AI generated, where someone has morphed Kapoor's image with an animal and in another image, he is showing selling golgappas.

“Nobody would like that. Not even a common man,” he said.

To this, the Court remarked: “Common man doesn't come to court for personality rights. When a person is in public glare, lot of things happen. We can understand if things are disparaging or defamatory. But everything cannot come under that. Otherwise the judgment in DM entertainment will be rendered redundant.”

The Court heard the parties, including Google LLC counsel. A detailed order will now be passed on interim relief.

It may be noted that the Court has been protecting the personality rights of Telugu actor Allu Arjun, Malayalam actor Mohanlal, spiritual preacher Aniruddhacharya, singer Jubin Nautiyal, Deputy Chief Minister of Andhra Pradesh Pawan Kalyan, 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 recently 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: - ARJUN KAPOOR v. ARTIST BOOKING COMPANY & ORS