The Delhi High Court has granted interim relief to Bollywood actor Arjun Kapoor by restraining several social media accounts and web sites from misusing his personality and publicity rights. The order was passed by Justice Tushar Rao Gedela on April 29 in response to a suit filed by the actor.
Arjun Kapoor gets interim relief in personality rights case against online misuse
The court issued an ex parte ad interim injunction, observing that multiple defendants had been using Kapoor’s name, image and identity without authorisation for business gain. This included the sale of merchandise resembling T-shirts and posters, in addition to unauthorised event promotions.
“Clearly, there isn’t a permission or license granted by the plaintiff to any of the defendants for exploitation of his personality/publicity rights,” the court noted. It further ruled that any such use without consent would amount to infringement of the actor’s rights.
As a part of the order, the court directed tech platforms including Google and Meta to take down the infringing content. The platforms have also been asked to supply Basic Subscriber Information of users operating the accounts accountable for sharing such material.
Kapoor’s legal team, led by advocate Pravin Anand, informed the court that his identity was being commercially exploited without approval. The submissions also highlighted the circulation of objectionable and explicit content online, including AI generated deepfake videos.
Paying attention to this, the court ordered immediate removal of such material. It observed, “Clearly, those defendants who’ve employed AI tools to create videos containing sexually explicit and abhorrent content are demonstrably violating the personality/publicity rights of the plaintiff. Actually, such videos are vulgar and clearly would dent the image and the personality rights of the plaintiff, not only beyond measure, but presumably, irreparably too.”
The court also addressed arguments from intermediaries claiming that among the content fell under parody or satire. While acknowledging that possibility in limited instances, it held that nearly all of the fabric presented indicated a transparent infringement. “The overwhelming numbers of screenshots placed on record… do look like, to this Court, a prima facie, infringement,” the bench stated.
In its observations, the court recognised Kapoor’s public identity as a beneficial personal asset built through his work in movies, public engagements and media presence. It noted that these attributes act as source identifiers and are protected under personality rights law.
The court has also allowed Kapoor to hunt further motion against any recent instances of infringement which will arise. The matter is scheduled for its next hearing on October 10.
Also Read: Arjun Kapoor personality rights case: Not all content on public figures might be removed unless defamatory, says Delhi High Court
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