Abhishek Bachchan, Aishwarya Rai Seek Legal Help In Protecting Aaradhya's Personality Rights

Abhishek Bachchan and Aishwarya Rai Bachchan’s daughter, and the granddaughter of Amitabh Bachchan, has filed a case in the Delhi High Court to seek action against the spread of false and misleading information about her online. The case was initiated after multiple YouTube videos made baseless allegations about her health, including claims that she was seriously ill, hospitalised, and, in one instance, had died. In response, a plea was submitted to the court to safeguard her personality rights. Scroll down to read the full story.

The Delhi High Court on Thursday posed several key legal questions it will consider while hearing Aaradhya’s case. Justice Anup Jairam Bhambhani questioned whether the reputation linked to a renowned family name can be regarded as a trademark and, if so, how far that reputation can be inherited across generations.

The value of a trademark and reputation in the trademark arises from the fact that a product or service has been rendered. Now, this is somewhat different when you are talking about a person. A certain last name carries a reputation because of achievements, prominence in a particular field, etc. So, does that reputation — which you are comparing to a trademark — extend across generations? If so, to what extent?” the judge remarked, according to Bar and Bench.

What Did Delhi HC Order?

The Court has outlined three broad questions for deliberation. First, it will explore how far the reputation associated with a family name, if considered similar to a trademark, can be extended across generations. Second, it will examine whether false news—even when it is “egregiously despicable”—can constitute a violation of intellectual property rights, and which type of IP right might be involved. The third question addresses whether defamation, including slander and libel, or other damages to reputation can be regarded within the scope of intellectual property rights. “These are the general questions in my mind. This is not exhaustive,” the Court added.

During Thursday’s hearing, the bench also discussed the increasingly broad interpretation of personality rights. “The concept of personality rights is acquiring amoebic proportions. Everything is personality rights. But whose personality rights?” the Court remarked.

Advocate Pravin Anand, representing Aaradhya, argued that the issue extends beyond her individual reputation to include the Bachchan family’s name and standing. Responding to the Court’s questions about employing trademark-like protections for personal reputation, Anand pointed out the broader scope of passing-off law.

“Reputation is not only in a trademark. Passing off law protects much wider than trademarks. The entire family’s pictures are used, words are employed to give the impression that this young girl has died and has cancer. Both are false, causing significant harm. The name Bachchan and family pictures are being misused. Abhishek Bachchan is also involved in the matter.”

Court Granted Interim Injunction In 2023

In April 2023, the Court had granted an interim injunction in favour of Aaradhya, restraining the defendants from publishing any material about her health. Justice C Hari Shankar emphasised the importance of protecting children from such misinformation. “Every child is entitled to be treated with honour and respect, whether they are the child of a celebrity or a common citizen. Spreading false information about a child’s physical or mental wellbeing is completely unacceptable under the law,” he had stated.

About The Court Case

For context, Aaradhya, through her father Abhishek Bachchan, approached the Delhi High Court in 2023. It was against several YouTube channels and unidentified individuals. She sought to prevent them from circulating allegedly defamatory or misleading content about her and her family. The plea also aimed to stop the publication of private details.

The case specifically pointed out a series of YouTube videos. These videos falsely claimed that Aaradhya was critically unwell and had been hospitalised. There was one video even alleging her death. Other videos accused her family of failing to provide timely medical care. The matter is scheduled for further hearing before the Delhi High Court on September 15.

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