The Delhi High Court is evaluating the establishment of a Standard Operating Procedure (SOP) to address issues related to the online abuse of personality rights, as it deliberated on a plea by actor Tabu. This plea concerns the removal of reportedly obscene and defamatory material circulating on various digital platforms. Justice Jyoti Singh highlighted the necessity for a robust mechanism to tackle the swift proliferation of inappropriate content on the internet, indicating that this situation extends beyond solely Tabu’s case.

During the proceedings, Justice Singh remarked that the challenge is not about policy formulation but rather about implementing practical solutions to prevent objectionable material from being published online. He stressed that the larger issue necessitates a comprehensive approach.

Status of Tabu’s Plea and Future Hearings

The court has reserved its decision on the interim relief sought by Tabu and scheduled the next hearing for December 7. Senior Advocate Swathi Sukumar, representing Tabu, confirmed that the party list had been amended to correctly identify the social media platforms implicated in the lawsuit.

Justice Singh reviewed the list of allegedly infringing URLs organised by platform and requested responses from the relevant intermediaries. A representative from Meta, Advocate Varun Pathak, stated that the identified links could be removed, which included a total of 34 URLs from Facebook, 71 from Instagram, and one from Threads. Similarly, Google’s counsel indicated that certain URLs identified would also be taken down.

Legal representatives for GoDaddy pointed out that the case involves domain names, arguing that suspending these domains would subsequently disable all associated links. In contrast, Reddit’s counsel argued that many of the challenged clips were legitimate excerpts from Tabu’s own films and thus did not violate personality rights.

Context and Legal Arguments of the Case

Justice Singh responded to the arguments presented by Reddit, clarifying that the matter could not be adjudicated in isolation. He noted that the court would need to consider the context in which the clips were used before making a final determination. Concurrently, the court identified several links that initially appeared to warrant removal.

Advocate Sukumar expressed concerns regarding the extensive online spread of objectionable material associated with Tabu’s identity, highlighting that search results linking her name with inappropriate terms are being commercially exploited. She argued that online platforms are directly profiting from this exploitation of her identity.

Reddit’s counsel highlighted potential legal issues, including questions of defamation and statutes of limitation, noting that some links had been online for nearly two years. They pointed out that while one link had already been taken down, many of the clips in question were from Tabu’s series “A Suitable Boy” and contained no manipulation or deepfake technology.

During the hearing, Sukumar emphasized that female celebrities are particularly susceptible to online harassment and misuse. Justice Singh acknowledged that similar issues have arisen in previous cases involving personality rights and noted that while platforms may have content moderation policies, the real challenge remains in developing a system to effectively prevent the spread of harmful content online. The court has indicated it is contemplating the creation of a structured SOP to address these disputes comprehensively.

Tabu’s petition seeks protection of her personality rights against the unauthorised use of her identity across digital platforms. This legal action calls for prohibitions against the creation and dissemination of AI-generated content, as well as the digital impersonation of her likeness. The court’s attention to the broader implications of this case aligns with a growing trend among celebrities seeking to safeguard their identities from online exploitation.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share