Delhi High Court cautions against use of personality rights to snuff out caricature, parody

The Delhi High Court has warned that personality rights cannot be invoked so broadly as to stifle caricature, satire or parody, particularly when such expression does not involve commercial exploitation.

The court observed while granting interim protection to Physics Wallah founder Alakh Pandey against the unauthorised use of his name, image and other personality attributes for impersonation and monetisation.

Mr Pandey had alleged that various online platforms and users were commercially exploiting his identity through social media posts, sticker packs, videos, websites and other content. He also claimed that some of the material was vulgar and sexually explicit.

In an interim order passed on August 5, Justice Anup J. Bhambhani said protection would be granted in respect of three categories of alleged violations, sexually vulgar content, unauthorised commercial exploitation of Pandey’s personality, and impersonation.