The Delhi High Court has directed the concerned defendants to forthwith remove or take down 552 URLs containing what it prima facie found to be “grossly sexually vulgar/pornographic” content concerning actor Janhvi Kapoor, in a suit alleging infringement of her personality and publicity rights.
Justice A.J. Bhambhani, after hearing the matter in detail, however, declined to grant a blanket injunction covering all 6,884 URLs challenged by Kapoor.
The Court observed that the prayers were “over-broad”, both because of the nature of relief sought and the large number of URLs involved. It directed Kapoor’s counsel to classify the thousands of URLs into three categories:
(i) ex-facie pornographic and sexually vulgar content;
(ii) content directly monetising her personality rights; and
(iii) content using her name and likeness to indirectly promote the sale of merchandise and services.
As regards the first 552 URLs, however, the Court found a clear prima facie case in Kapoor’s favour. It noted that the material appeared to be grossly sexually vulgar/pornographic and evidently did not carry her permission. The Court also found that the balance of convenience favoured Kapoor and that failure to grant interim protection could cause her irreparable loss and injury.
Accordingly, Defendants 20 and 21 were directed to remove/take down the URLs at serial Nos. 1 to 552 within three weeks.
The Court had also granted Kapoor exemption from pre-litigation mediation under Section 12A of the Commercial Courts Act, and waived the requirement of prior notice to government authorities under Section 80 CPC.
