Delhi High Court asks key questions

Justice Anup Jairam Bhambhani said the case raised larger issues. “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 said it would examine three broad issues: how far the reputation attached to a family name can extend across generations if treated like a trademark; whether fake news, even when it is “of egregiously despicable nature”, can amount to a violation of intellectual property rights, and if so which right; and whether defamation, including slander and libel, or other injury to reputation can be treated as part of intellectual property law. “These are the general questions in my mind. This is not exhaustive,” the Court added.

Questions over personality rights

During the hearing, the Bench also questioned the widening 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 went beyond her individual reputation and involved the Bachchan family’s name and standing. “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.”

Earlier injunction and next hearing

In April 2023, the Court granted an interim injunction in Aaradhya’s favour, restraining the defendants from publishing material concerning her health. At the time, Justice C Hari Shankar said, “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.”

Represented by her father Abhishek Bachchan, Aaradhya approached the Delhi High Court in 2023 against several YouTube channels and unidentified individuals over allegedly defamatory and misleading material, as well as publication of private details about her and the Bachchan family.

The plea cited videos falsely claiming that Aaradhya was seriously unwell, had been admitted to hospital, or had died. The matter will next be heard on September 15.