‘It’s criticism, not threat to personality rights’: HC reserves verdict on Chadha’s plea
The posts appeared to be a “criticism of decisions taken by him (Chadha) in the political arena”, the court observed orally.
Raghav Chadha’s objection comes following posts criticising his party switch. (File photo) Posts on social media alleging that Raghav Chadha had “sold himself for money” lay more in the domain of defamation, the Delhi High Court told the Rajya Sabha MP on Thursday while hearing his plea seeking protection for his “personality rights”.
The posts appeared to be a “criticism of decisions taken by him (Chadha) in the political arena”, the court observed orally.
Justice Subramonium Prasad reserved his verdict on the specific aspect of interim relief that Chadha was seeking.
Chadha led an exodus of seven MPs of the Aam Aadmi Party (AAP) to the BJP on April 24, triggering fierce criticism from the AAP, including attacks and name-calling on social media.
Expressing his prima facie view that Chadha’s suit did not appear to involve a question of personality rights, Justice Prasad, addressing counsel for Chadha Senior Advocate Rajiv Nayar, said orally: “Here it is just criticism…on decisions taken by you in the political arena… Prima facie, they are only criticism of political decision… It is an attack or critique.”
The court indicated that the objections being raised by Chadha would lie in the ambit of defamation, although his suit has claimed protection for his personality rights.
Nayar sought interim relief from the court for the alleged defamatory or objectionable posts flagged by Chadha, arguing, “The story which has gone is that I (Chadha) have traded for money. That can’t be criticism.”
The court, however, refrained from immediately injuncting the said posts and content. “There is a difference between commercialisation of personality rights and criticism,” it said.
Chadha has sought the court’s relief against various entities who allegedly exploited his likeness, and sought takedown of AI-generated and deepfake content allegedly circulating against him.
In recent years, the Delhi HC has seen a flurry of suits by celebrities, social media influencers, sports personalities, and politicians such as Shashi Tharoor, seeking the protection of their personality rights.
Share
