Shivani
The Delhi High Court has ordered the removal of obscene or pornographic content related to actor Janhvi Kapoor from the internet. However, it refused to grant a blanket injunction against fan pages or other unauthorised content. The court observed that personal rights should not be interpreted in a manner that restricts freedom of speech, particularly in the case of public figures and celebrities. The ruling balances an individual’s right to privacy with the importance of free expression online and public discourse. Obscene content gets taken down, no arguments there. But asking the internet to stop talking about you entirely? That, the court said, is asking for a cave, not a courtroom order.
A Delhi courtroom became the latest stage in the debate over personality rights in the AI era. On Tuesday, Justice Anup Jairam Bhambhani ordered the removal of pornographic content targeting actor Janhvi Kapoor. However, the court clarified that it was not seeking to shut down fan pages, which form a significant part of her online presence and engagement.
Janhvi Kapoor’s Petition Comes Under Judicial Scrutiny
Janhvi Kapoor approached the court seeking removal of thousands of online links connected to her name. Her petition targeted more than 5,000 webpages and social media posts, including pornographic AI-generated content, impersonation accounts, fake booking agencies, and chatbots allegedly exploiting her likeness commercially without her consent or authorisation from her.
Justice Bhambhani said the request made by Karisma Kapoor was too broad and required more specific details. The court asked her legal team to submit a clear tabulated chart identifying the exact webpages containing content alleged to be ex facie pornographic, obscene, prurient or lascivious. The judge particularly sought details of pages using her personality traits to directly monetize merchandise, products, services, endorsements, subscriptions, promotions, or advertising. The court signalled readiness to act on that narrower category immediately. “I am inclined to give you relief in these categories,” the judge stated.
Court Refuses Blanket Ban on Fan Pages
Justice Bhambhani drew a clear distinction on fan culture, rejecting any blanket ban on fan pages. The court viewed such pages as a matter of free speech and expression, not merely a question of personality rights, and declined broader restrictions on them.
He made his position absolutely clear. “We are not the conscience keepers of the nation,” he stated, adding that the proposed solution might end up worse than the problem it was meant to fix. He pointed out that fan pages cut both ways, some lampooning a celebrity’s work, others being purely adulatory, and some critical. His question to Kapoor’s side was blunt: did she really want no fans at all? “It is the digital world,” he said, warning that shutting everything down would leave a public figure “living in a cave.”
Judge Refuses Dynamic Injunction
Janhvi Kapoor’s team also sought a dynamic injunction, which would have allowed newly infringing links to be blocked automatically without repeatedly approaching the court. The judge rejected the request, questioning whether public figures could reasonably expect such extensive control over online discussions, commentary and public conversation across internet platforms and social media. “They should just be genuflecting in front of you? Stand and touch my feet?” he asked, the judge observed that nearly every public figure faces some online abuse today. In his view, shutting down every existing fan club was neither practical nor an effective legal remedy.