Abhishek Bachchan and Aishwarya Rai Bachchan’s daughter and granddaughter of Amitabh Bachchan’s granddaughter has filed a case in the Delhi High Court seeking to stop the spread of fake and misleading information about her online. The case was filed after several YouTube videos made false claims about her health, including allegations that she was seriously ill, hospitalised and, in one instance, had died. Thus, a plea was filed in court to seek protection of her personality rights.The Delhi High Court on Thursday framed several important legal questions that it will examine while hearing Aaradhya’s case. Justice Anup Jairam Bhambhani, among other issues, questioned whether the reputation associated with a famous family name can be treated like a trademark and, if so, how far that reputation can extend across generations.“The value of trademark and reputation in the trademark arises from the fact that a product or service is service has been rendered. Now, this is somewhat contextually different when you are talking about a person. 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 judge remarked, according to Bar and Bench.The Court has framed three broad questions for consideration. First, it will examine how far the reputation attached to a family name, if considered akin to a trademark, can extend across generations. Second, it will consider whether fake news, even when it is “of egregiously despicable nature”, can amount to a violation of intellectual property rights and, if so, which type of IP right may have been infringed.The third question concerns whether defamation, including slander and libel, or other forms of injury to reputation can be treated as falling within the recognised framework 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 examined 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, appearing for Aaradhya, argued that the issue extends beyond her individual reputation and involves the Bachchan family’s name and standing. Responding to the Court’s questions about using trademark-like protections to safeguard personal reputation, Anand pointed to the broader scope of passing-off law.“Reputation is not only in a trademark. Passing off law protects much wider than trademarks. The whole family’s pictures are used, words are used to give an impression that this young girl has died and has cancer. Both fake, causing so much of harm. Using the name Bachchan and pictures of the family. Abhishek Bachchan is also a party to the matter.”In April 2023, the Court had granted an interim injunction in Aaradhya’s favour, restraining the defendants from publishing material concerning her health. At the time, Justice C Hari Shankar stressed the importance of protecting children from such misinformation.“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,” Justice C Hari Shankar had observed.For those not in the know, here are more details on the matter. Aaradhya, represented by her father Abhishek Bachchan, approached the Delhi High Court in 2023 against several YouTube channels and unidentified individuals, seeking to prevent them from circulating allegedly defamatory or misleading material concerning her and the Bachchan family. The plea also sought protection against the publication of private details about their lives.The case specifically highlighted a series of YouTube videos that falsely claimed Aaradhya was seriously unwell and had been admitted to hospital. One video went as far as claiming that the teenager had died. Other videos alleged that her family had failed to arrange timely medical treatment for her.The matter will come up for further hearing before the Delhi High Court on September 15.
