Sanjiv Goenka gets personality rights protection from Delhi HC over morphed content: ‘Not mere humour or parody’

The Delhi High Court agreed to protect the personality rights of industrialist Sanjiv Goenka, owner of Indian Premier League (IPL) franchise Lucknow Super Giants, on Wednesday.

The court was hearing a plea filed by Sanjiv Goenka, alleging abusive social media content during the ongoing IPL season, Bar and Bench reported.

Goenka's counsel reportedly flagged multiple instances of posts misusing his likeness through morphed images circulating online.

Senior Advocate Sandeep Sethi, appearing for Goenka, told the Delhi High Court that his likeness was being misused through a series of morphed images and videos, many of which created false narratives of incidents that never occurred.

According to the Bar and Bench, Sethi pointed to multiple instances where Goenka's face was superimposed onto other persons, including fabricated depictions suggesting violent or inappropriate conduct.

"It was argued that the content, shared widely in the context of IPL discussions, was derogatory and went beyond permissible humour or satire," the report added.

“This is not mere humour or parody,” his counsel submitted.

The counsel further argued that while some level of lampooning may be acceptable, the content in question distorted reality and impacted not just Goenka’s reputation but also the institutions and employees associated with him.

The court observed that public figures are bound to face commentary and even lampooning and “nobody can say that no one should use my name or image at all.”

But, at the same time, the Bench made it clear that when content involves face morphing and creates false narratives, it crosses into objectionable territory.

They argued that their obligations arise only upon specific legal notice, in line with safe harbour protections.

They also cautioned against the misuse of such court orders and said that broad directions for disclosure of user details or takedowns could have a chilling effect on free speech, particularly in cases involving public figures and ongoing public events.

They suggested a balanced mechanism where content may be flagged to them for takedown, with liberty to approach the court in case of disputes.

It proceeded to grant protection to Goenka’s personality rights.

The court also indicated that it would consider directing disclosure of Basic Subscriber Information and IP logs to identify the origin of the content.

These rights are not explicitly codified but are recognised through common law principles of privacy, defamation and the right to publicity, and have been reinforced by judicial precedents.

Courts can grant injunctions, damages, or takedown orders to prevent misuse in ads, merchandise, AI-generated content, or online platforms.