The Delhi High Court has framed a set of legal questions in Aaradhya Bachchan’s case against allegedly misleading and defamatory online content about her. Aaradhya is the daughter of actor Abhishek Bachchan and granddaughter of Amitabh Bachchan.
The suit concerns videos and posts that allegedly made false claims about the minor’s health and used the Bachchan family name and images. During the latest hearing, Justice Anup Jairam Bhambhani raised questions about reputation, personality rights, fake news and intellectual property law.
What the court is examining
The court is considering whether the reputation attached to a well-known family name can be treated in a way similar to goodwill associated with a trademark. Justice Bhambhani asked how far such reputation can extend if it is linked to achievements and public standing in a field of work.
During the hearing, the judge observed that trademark value usually arises from a product or service. He then questioned whether the same approach can apply to a person’s surname and whether that reputation can pass through generations.
Justice Bhambhani remarked: “A certain last name has a reputation because of the achievements, the eminence in a certain field of work, etc. So, does that reputation, you are couching it as virtually as a trademark, does that flow down generationally? If so, up to what point?”
The court framed three broad questions for consideration. The first concerns whether a family name associated with a reputation similar to a trademark can retain that reputation across generations, and if yes, to what extent.
The second question relates to fake news. The court will consider whether false content, even when it is of an “egregiously despicable nature”, can amount to a violation of intellectual property rights. If it can, the court will also examine what kind of intellectual property right may be involved.
The third question deals with the link between reputation and intellectual property. The court will examine whether concepts such as slander, libel or other injury to reputation can be treated as intellectual property rights.
Justice Bhambhani clarified that these were general questions and that the list was not exhaustive.
Background of Aaradhya Bachchan’s suit
Aaradhya Bachchan approached the Delhi High Court in 2023 through her father, Abhishek Bachchan. The case was filed against several YouTube channels and unidentified persons, often referred to in legal proceedings as John Doe defendants.
The suit sought protection against publication of content that allegedly harmed the Bachchan family name, invaded privacy or made defamatory claims about Aaradhya. The case specifically mentioned videos that allegedly spread false claims about her health.
According to the pleadings referred to in the matter, some videos claimed that Aaradhya was seriously unwell and had been admitted to a hospital. Another allegedly claimed that she had died. The content also allegedly suggested that her family failed to provide timely medical treatment.
In April 2023, the High Court granted an interim injunction restraining the defendants from publishing material concerning Aaradhya’s health. At that stage, Justice C Hari Shankar said children must be protected from misleading information about their physical or mental well-being.
The judge had observed: “Every child is entitled to be treated with honour and respect, be she the child of a celebrity or the child of a commoner. Dissemination of misleading information relating to a child, especially as regards her physical or mental wellbeing, is something which is completely intolerable in law.”
Personality rights and family reputation
The latest hearing also included a discussion on personality rights. Justice Bhambhani noted that the concept was expanding and asked whose personality rights were being considered in such cases.
Advocate Pravin Anand, appearing for Aaradhya, argued that the matter involved the reputation of the Bachchan family as a whole. He submitted that the case was not limited to trademark law and referred to the wider scope of passing-off law.
Anand told the court that the family’s pictures and the Bachchan name were used to create a false impression about Aaradhya’s health. He said the claims that she had died or had cancer were fake and caused harm. He also noted that Abhishek Bachchan is a party to the matter.
The Delhi High Court will continue hearing the case on September 15.
Source: Bollywood Hungama.