Relief to Arjun Kapoor from Delhi High Court, strict instructions to Google-Meta on deepfakes and objectionable content
Delhi High Court on Monday gave a big relief to Bollywood actor Arjun Kapoor by granting interim protection to his personality rights. The court made it clear in its order that no person or organization will be able to commercially use his name, image, voice or identity without his permission. The court has also adopted a strict stance regarding online content in this matter. Along with this, the court has directed tech companies Google and Meta to take necessary steps to remove objectionable or unauthorized content related to Arjun Kapoor and stop its spread.
The order was given by Justice Tushar Rao Gedela while hearing the petition that the actor had filed against several social media accounts and websites. The court found in its order that Arjun Kapoor’s name, image and identity were being used commercially without permission. This included matters like selling goods in his name, using his photographs for publicity and organizing various events. The Court clarified that such unauthorized use is a violation of their personality and publicity rights, which is not legally acceptable. After this decision, it will now be mandatory for any person or organization to take permission from Arjun Kapoor before making commercial use of his identity.
Not every content can be removed just on the basis of image or name.
In the hearing held on April 29, the court had made it clear that every content related to a public person cannot be removed merely on the basis that it contains his name or image. The court said that people living in public life have to face such situations. However, the court also made it clear that if any content is defamatory, offensive or has illegal commercial use, then action can be taken against it and it can also be removed.
The court said that “an ordinary person does not approach the court for personality rights,” as disputes over such rights are generally confined to public figures. During the hearing, the court also made it clear that people living in public life have to face more scrutiny and criticism, hence it is necessary to take balanced decisions in their cases.
Instructions to Google and Meta
The court said that the actor had not given any permission or license for any such use of his name, image or identity. Despite this, his name and photographs were being used unauthorized in many places. The court directed tech companies Google and Meta to immediately remove such objectionable or wrong content and also to provide complete information about the accounts through which this content is being spread. Along with this, the court also expressed serious concern over deepfake videos and obscene content created with AI. The Court said that such abuse not only harms the reputation of the person but can also cause irreparable harm to him.
What was Arjun Kapoor’s demand?
Advocate Praveen Anand, appearing for Arjun Kapoor, told the court that many people are misusing his name and image without permission. According to the plea, in some cases fake bookings are being made in the name of Arjun Kapoor, while some people are involved in activities like selling goods using his name and photo. In this petition, along with social media platforms like YouTube and Facebook, tech companies Google and Meta have also been made parties, so that the spread of unauthorized content can be effectively stopped.
Fake news on online platforms
Advocate Praveen Anand, appearing for Arjun Kapoor, told the court that there is content related to the actor on the internet which includes obscene material, fake news and objectionable pictures. Many of these images are created or morphed by AI. According to the plea, some of the photographs show the actor posing with animals, while some show him selling golgappas. The lawyer said that this material neither falls within the scope of joke nor can be considered satire.
He told the court that such content goes beyond acceptable limits and is damaging to the actor’s image and reputation. In this case, the court has already provided interim protection to personality rights and has directed digital platforms to remove objectionable content.
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