Delhi HC restricts unauthorised use of Janhvi Kapoor’s images, rejects fan-page ban

The Delhi High Court has barred the unauthorised use of Bollywood actor Janhvi Kapoor’s photographs and videos, particularly for creating or circulating pornographic and objectionable content. However, the court has rejected her plea seeking a blanket ban on fan pages featuring her.

Kapoor approached the court alleging that her images and videos were being misused across online platforms to create and circulate pornographic and objectionable material. She sought the removal of such content and action against the pages involved.

During the hearing, the court stressed the need to strike a balance between personality rights and freedom of expression. The judge observed that being a public figure does not mean a celebrity can prevent fans from expressing their views, admiration or emotions.

The court also noted that the mere presence of a celebrity in a photograph or video does not automatically make its use unlawful. Where a photograph taken by a photographer is used or sold by another person, separate copyright issues may arise.

However, the court distinguished such legitimate uses from the creation or dissemination of obscene or objectionable material using a person’s image without consent.

Kapoor’s lawyers reportedly submitted a list containing more than 5,000 objectionable links, arguing that the actress’s personality rights and reputation needed protection.

While granting protection against unauthorised and objectionable use of her likeness, the court declined to order the closure of all fan pages, holding that personality rights cannot be used to unnecessarily curtail legitimate expression and free speech.