Delhi HC calls for sanity in personality-rights cases, says free speech under threat

Krishna YadavYash Tiwari
3 min read11 Aug 2026, 04:59 PM IST
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The court asked Janhvi Kapoor’s lawyers to narrow their plea and categorise the URLs, rather than seeking an order covering thousands of links. (Reuters)
Summary
Hearing actor Janhvi Kapoor’s plea to block over 6,000 URLs, the court refused blanket injunctions, ruling that takedowns will apply only to obscenity or direct commercial misuse to safeguard free expression.

The Delhi High Court on Tuesday called for sanity in the growing wave of personality-rights cases, questioning how far celebrities can go in seeking removal of content about them and raising concerns over the impact of broad takedown demands on free speech.

“Assist me in bringing some sanity to this concept of personality. It is growing out of hand. Started small with good intentions, now we are sitting at 6,884 URLs. It can't be like that,” the court said, adding the solution could hit “at the very root of free speech.”

A bench of Justice Anup Jairam Bhambhani was hearing actor Janhvi Kapoor’s plea seeking the removal of more than 6,000 URLs that she alleged violated her personality rights. The court questioned the broad approach being taken in such cases and how far a celebrity’s rights can extend over content posted online. The defendants in the case include Meta and Telegram, as well as operators of allegedly infringing fan pages.

Also Read | Personality rights protection is easy to order but hard to enforce, experts say

The court said it would not pass a blanket order covering all material placed before it, limiting relief to content that is clearly obscene or involves commercial exploitation. It also asked Kapoor’s lawyers to narrow their plea and categorise the URLs, rather than seeking an order covering thousands of links. “I am not inclined to grant any blanket orders in the name of personality rights,” the judge said. The matter will be heard next on 17 August.

These judicial remarks come as personality-rights suits by actors, politicians, content creators, and corporate leaders multiply rapidly. However, the court’s stance in Janhvi Kapoor’s case marks a notable shift from previous personality-rights suits. In past cases involving figures such as Amitabh Bachchan, Anil Kapoor, Aishwarya Rai Bachchan, Allu Arjun, and Shashi Tharoor, courts routinely granted dynamic injunctions to block new or mirror URLs. What sets Kapoor’s plea apart, and triggered the judicial pushback, is its sheer scale. Targeting over 6,000 URLs, it represents one of the largest takedown requests in a personality-rights case to date.

Fan clubs in the spotlight

During Tuesday's hearing, Kapoor’s lawyers argued several accounts were impersonating her and offering paid promotions, asserting fan pages shouldn't make money from a celebrity's persona. The court questioned whether that approach could end up covering ordinary fan activity, saying, “Fan club, you want me to stop all your fan clubs?”

The judge also questioned whether personality rights could be used to stop uncomfortable or critical material from being published. “We see we've had cases where celebrities are trying to hide wrongdoing by saying personality rights, publicity rights, celebrity rights. How can a court allow that?”

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Nonetheless, the court said it would protect celebrities against clearly objectionable material and direct commercial exploitation. “What is inappropriate, what is lascivious, what is obscene etc., I will protect you, no question.”

Discussing posts about relationships, the bench questioned whether such material could simply be labelled misleading or unauthorised. “People are discussing your relationship, they are discussing whether it is true, false, who will know? Why? How can I just block this?” The judge also described the term “misleading digital content” as a subjective phrase, questioning whether it could by itself justify an injunction.

Addressing arguments that unconsented photos infringe rights, the court remarked, “Whose eyes are dirty? There are people whose eyes are dirty. What can one do? We are not the conscience keepers of the nation.”

Mint’s queries emailed to IndiaLaw LLP, which represents Janhvi Kapoor, as well as Meta, Google, X and Telegram were yet to elicit a response at the time of publishing.

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Practical problems

Meanwhile, the sheer volume of flagged URLs presented a practical hurdle for social media platforms, with Meta’s legal counsel telling the court that manually reviewing thousands of links one by one was simply unfeasible. “Four thousand, it's not possible. It's not humanly possible just to open each link and check.” The court asked Kapoor’s legal team to provide specific categories and screenshots to identify problematic content instead of seeking a broad order.

As Mint has reported previously, this wave of litigation is dragging digital platform companies such as Meta, Google, and YouTube into court. Judges are frequently ordering these intermediaries to take down allegedly infringing content, forcing platforms to balance compliance with judicial mandates against the protection of legitimate free speech.

About the Authors

Krishna Yadav is a Senior Correspondent at Mint, based in New Delhi, and part of the corporate bureau. He joined the newsroom as a trainee in 2023 and quickly grew into his current role. He writes on legal and regulatory developments in corporate India, with a focus on insolvency, taxation, company law, and policy. His reporting includes tracking and breaking key legal stories from the Supreme Court, Delhi High Court, NCLT, and NCLAT.<br><br>With a background in law, Krishna is known for simplifying complex legal developments into clear, accessible stories for readers. His work focuses on trends in corporate law and policy that affect businesses. This ranges from explaining tax disputes—like whether coconut hair oil is edible—to writing on why celebrities are seeking personal rights protection. He closely tracks India’s insolvency system, covering issues such as creditor losses, gaps in the process, and challenges in how the framework works in practice.<br><br>Krishna also tracks developments within law firms—covering hiring trends, how firms help companies navigate global challenges, and how the legal industry is adapting to artificial intelligence. Beyond legal reporting, he has written long-form pieces, including on-ground coverage of the 2024 general elections, capturing the scale and logistics of polling across India.<br><br>Outside work, he enjoys travelling, exploring new places, and reading about geopolitics and history.

Yash Tiwari is a Mumbai-based journalist who reports on corporate and regulatory developments, with a focus on court-driven policy shifts and the intersection of law and public policy. He has been in the profession for two years. Before joining Mint, he worked at NDTV Profit as an assistant producer on the TV desk while also reporting, gaining experience across television and print journalism and combining reporting with production expertise.<br><br> Born in Kolkata, a city he remains deeply connected to, Yash has a keen interest in the technicalities of Indian law and aims to decode complex legal developments in a clear and accessible manner for readers. He is a graduate of the Asian College of Journalism, Chennai, where he completed his postgraduate diploma in journalism.<br><br> He closely follows politics and government policies, and has covered several state elections as a freelance journalist. His work is driven by the idea of making law less intimidating and more understandable for the general public.<br><br> When not at work, Yash can be found playing cricket, revisiting classic matches, or engaging in conversations about the evolving landscape of law and policy in India.

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