The Delhi High Court has directed social media platforms to remove allegedly obscene and pornographic content concerning actor Khushi Kapoor, along with online material linked to the unauthorised sale of merchandise using her name and personality attributes. Justice Jyoti Singh passed the directions on Wednesday while hearing a suit filed by Khushi seeking protection of her personality and publicity rights. The court also indicated that it would pass a John Doe order in favour of the actor in connection with her plea for an interim injunction.
Delhi HC protects Khushi Kapoor’s personality rights, orders takedown of allegedly obscene content
A John Doe order is a legal mechanism that allows protection to be extended to unidentified individuals or entities who may subsequently be found to be involved in the unauthorised use or exploitation of a person's identity. The order can therefore help a public figure seek action against unknown parties involved in such misuse.
Khushi Kapoor was represented before the Delhi High Court by India Law through its partners Asav Rajan and Abha Shah.
The court's directions come amid increasing legal scrutiny of the unauthorised use of celebrities' names, photographs, voices, likenesses and other identifiable personality traits. Public figures have increasingly approached courts over the commercial exploitation of their identities, particularly in connection with digital content, merchandise and emerging technologies.
The Khushi Kapoor case also comes a day after a coordinate bench of the Delhi High Court issued similar takedown directions concerning allegedly objectionable content and unauthorised exploitation of the personality rights of her sister, actor Janhvi Kapoor.
In recent years, personality rights have emerged as an important area of litigation involving actors and other public figures. Courts have considered distinctive attributes such as a person's name, image, voice and likeness as elements that can receive legal protection against unauthorised use, particularly when such use has implications for commercial interests, reputation, privacy or dignity.
The issue has become increasingly relevant with the rise of social media and digital platforms. Celebrities have faced unauthorised use of their images in advertisements and merchandise, manipulated photographs, misleading online content and AI-generated material. Deepfakes and other forms of synthetic media have further complicated the question of how individuals can protect their identities in the digital space.
The latest order concerning Khushi Kapoor adds to this growing body of proceedings before the Delhi High Court. The directions seek to address both the circulation of allegedly objectionable material and the commercial use of the actor's personality attributes without authorisation.
As the court considers the interim injunction plea and the proposed John Doe order, the case could further underline the importance of legal protection for celebrities dealing with unauthorised digital exploitation of their identities.
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