Janhvi, Khushi Kapoor win Delhi High Court protection against obscene online content: ‘How do we draw the line?’

Bollywood actor Khushi Kapoor has been granted legal relief after the Delhi High Court directed social media platforms to take down allegedly obscene and defamatory content concerning her, as well as material involving the unauthorised commercial exploitation of her identity.

The order was passed on Wednesday, August 12, as the court heard Kapoor's petition seeking protection of her personality and publicity rights. The actor had also flagged concerns regarding the unauthorised sale of merchandise using elements associated with her persona.

Justice Jyoti Singh stated that the court would pass a John Doe order, intended to safeguard Kapoor against unidentified individuals who might attempt to misuse or commercially exploit her identity, according to news agency ANI.

This development follows a similar order secured a day earlier by Kapoor's sister, Janhvi Kapoor, in relation to objectionable online content. In Janhvi's case, the court had directed the removal of obscene material but declined to impose a blanket restriction on fan pages or fan clubs using her name.

The court emphasised that not all forms of criticism or discussion involving a public figure could be curtailed, noting that any restrictions must distinguish between legitimate commentary and content that crosses into obscenity or commercial exploitation.

Justice Anup Jairam Bhambhani, who presided over the hearing, raised broader questions about the appropriate scope of personality-rights protections in the digital space.

“How do we draw the line? In law, we can only do so much and no more. To completely restrain everything cannot be the approach. Where there is obscenity or monetising or extremely egregious or inappropriate content, I am with you. But how can you shut down all fan clubs?” he reportedly asked.

The judge further observed that criticism and online abuse have become an unavoidable aspect of public life, extending even to members of the judiciary.

“Who is immune from all this today? Anybody who is in the public domain is being abused left, right and centre. So what? We are abused; that's different. But you are in the public domain. We will draw a line, but where do we put the line? Today, many people are trying to hide their wrongdoings by saying celebrity or personality rights. How can the court allow that?”

He also noted that certain content might amount to satire or critique of a celebrity's work rather than actionable misuse.

“A part of it may be satire or critical of your work. Are fan pages your monopoly? Are you sure? If they are monetising or there is commercial exploitation, then yes. But not all fan pages are (offensive),” the judge remarked.

Khushi and Janhvi Kapoor are the daughters of film producer Boney Kapoor and the late actor Sridevi. Khushi has featured in films such as The Archies, Loveyapa, and Nadaaniyan, while Janhvi is known for films including Dhadak, Gunjan Saxena: The Kargil Girl, Mili, and Homebound.