Delhi HC to pass order on PhysicsWallah founder's personality rights suit on Wednesday
Mumbai: The Delhi High Court on Tuesday asked PhysicsWallah founder Alakh Pandey to clearly categorize the online content he claims infringes on his personality rights
Mumbai: The Delhi High Court on Tuesday asked PhysicsWallah founder Alakh Pandey to clearly categorize the online content he claims infringes on his personality rights before it passes an interim order on Wednesday. Hearing Pandeyâs plea to block the unauthorized commercial use of his face, voice, and teaching style, the court indicated it is willing to protect him from illegal monetization and vulgarity, but cautioned against issuing a blanket order that could stifle legitimate satire or free speech. "I am willing to protect you at this stage in so far as the content which is using [your personality] to monetise. There is some stuff that is vulgar, not all of it. In one you are taking your tongue out, harmless," Justice Anup Jairam Bhambhani said while hearing the matter. Senior advocate J. Sai Deepak, appearing for Alakh Pandey, claimed the petition was not aimed at preventing criticism or parody.
"We are not ultra-sensitive to criticism. Some red lines people have to follow. I have not signed up for defamation," he argued. Also Read | Personality rights cases pull social media platforms into courts Deepak alleged that educator's face, expressions, tone and style of teaching had become closely associated with the PhysicsWallah brand and were being used without permission across online platforms. "My [clientâs] trademark, expressions, tone, face and way of presentation are very popular. Stickers are being sold for commercial purposes," Deepak told the court. He added that Telegram stickers and GIFs featuring Pandey's image were being used to generate vulgar and sexually explicit material that âhas the potential of bringing [him] down in the eyes of the students,â he said. However, Justice Anup Jairam Bhambhani questioned the scope of personality rights and how far courts should go in protecting public figures.
"Where do we define personality rights?" the judge asked. Also Read | Podcaster Raj Shamani's win redefines creator personality rights in India In response, Deepak cited a Delhi High Court precedent that granted interim protection to boAt co-founder Aman Gupta. He argued that well-known figures are increasingly targeted online because their public identities drive significant traffic and commercial value. The court directed Pandey to identify infringed content under three heads: monetisation of his personality, vulgar or sexually explicit content that goes beyond satire or parody, and content that is allegedly libellous or slanderous (which may be protected as free speech or amenable to action outside the personality-rights regime) before it passed an order. Growing trend This is far from the first case where a public figure has sought protection for their personality rights. A host of celebritiesâinlcuding actors Salman Khan, Kajol, Allu Arjun, NTR Junior and R.
