The Delhi High Court has declined to issue a blanket takedown order against 6,884 URLs cited in Bollywood actor Janhvi Kapoor’s personality rights lawsuit, holding that the relief sought was too broad.
The bench headed by Justice Anup Jairam Bhambhani, however, directed the removal of 552 URLs that, on a preliminary assessment, appeared to contain “grossly sexually vulgar or pornographic” content involving Kapoor.
The Court noted that the URLs covered different kinds of content and therefore could not all be subjected to a single blanket injunction.
“After a very detailed hearing in the matter, this court is of the view that the claims in the plaint and the prayers sought in the present application are over-broad,” the Court observed, noting that the suit involved 6,884 URLs across various categories.
The Court consequently refused to order the removal or takedown of all the URLs.
Instead, Kapoor’s counsel was directed to classify the disputed URLs, social media accounts and other online material into three categories: content that was prima facie pornographic or sexually vulgar; content that directly monetised her personality rights; and content that used her name or likeness to indirectly promote merchandise or services.
With regard to 552 URLs, the Court found that the material appeared to be “grossly sexually vulgar or pornographic” and had apparently been published without Kapoor’s consent.
The Court held that Kapoor had established a prima facie case in relation to this content and that the balance of convenience was in her favour. It also found that allowing such content to remain online could cause irreparable harm.
Accordingly, the Court directed defendants 20 and 21 to immediately remove or take down the 552 URLs.
Case: Janhvi Kapoor v. John Does & Ors.