Delhi HC reserves order on Raghav Chadha's plea to remove defamatory content
Synopsis
Key Takeaways
The Delhi High Court on Thursday, 21 May reserved its order on an interim application filed by Rajya Sabha MP Raghav Chadha, who sought the removal of allegedly defamatory and manipulated online content claiming he 'sold himself for money' following his reported switch from the Aam Aadmi Party (AAP) to the Bharatiya Janata Party (BJP).
What the Court Observed
A single-judge bench of Justice Subramonium Prasad orally noted that, prima facie, the content flagged by Chadha appeared to constitute criticism of a political decision rather than a violation of personality rights. 'Prima facie, there is no personality right involved in this case. A decision taken by you in a political arena is being criticised,' the court remarked during the hearing.
Justice Prasad further observed that the line between criticism and defamation was 'quite thin,' and indicated that the present matter may not warrant an interim injunction on the basis of personality rights alone. The court also noted that personality rights protect against unauthorised commercial exploitation of an individual's persona — they do not, it suggested, extend to shielding public figures from critique of their political conduct.
Arguments by Chadha's Counsel
Senior advocate Rajiv Nayar, appearing for Chadha, contended that certain posts crossed the line from criticism into defamation, falsely portraying the MP as having 'sold himself for money.' Nayar referred to morphed images depicting the Prime Minister showering Chadha with cash, and pressed for interim relief limited to the removal of such profane and reputationally damaging material.
The court, however, remarked that the issue raised appeared to fall within the domain of defamation rather than personality rights. 'It is not a defamation suit. It is a suit on the basis of personality rights,' Justice Prasad said, while suggesting that Chadha may seek an amendment to the plaint if he intends to pursue defamation claims separately.
What Chadha's Petition Sought
Chadha had approached the High Court seeking protection of his personality and publicity rights against the alleged unauthorised use of his name, image, likeness, and identity across online and digital platforms. The petition specifically targeted AI-generated, deepfake, and morphed content, as well as synthetic voice cloning, fabricated speeches, and manipulated digital material allegedly circulated following his switch from AAP to BJP.
A Growing Trend at Delhi HC
The Chadha case adds to a rapidly expanding list of high-profile individuals invoking personality and publicity rights before the Delhi High Court. In recent months, former cricketer and India head coach Gautam Gambhir, former captain Sunil Gavaskar, spiritual leader Sri Sri Ravi Shankar, actors Arjun Kapoor, Allu Arjun, Nagarjuna, Kajol, Aishwarya Rai Bachchan, and Abhishek Bachchan, singer Jubin Nautiyal, filmmaker Karan Johar, podcaster Raj Shamani, and Congress MP Shashi Tharoor have all secured or sought court protection against the unauthorised use of their identity, likeness, or AI-generated imitations.
With the court having reserved its order, the ruling is expected to clarify the boundary between political satire and actionable defamation — a question with significant implications for online speech and the rights of public figures in India.