The Delhi High Court has observed that criticism directed at a politician over a political decision cannot automatically be treated as a violation of personality rights.
While hearing BJP MP Raghav Chadha’s plea seeking the removal of allegedly defamatory online content, the single-judge Bench of Justice Subramonium Prasad distinguished between political commentary and unlawful commercial exploitation of an individual’s identity.
The Court remarked that, at first glance, the disputed social media posts appeared to express criticism of Chadha’s political choices rather than misuse of his personality. The Court indicated that personality rights are generally invoked to prevent the unauthorized commercial use of a person’s name, image, likeness, or other identifying attributes, and not to shield public figures from political criticism.
During the hearing, Chadha’s counsel argued that certain posts falsely suggested that the MP had changed his political allegiance in exchange for money and therefore crossed the line from criticism into defamation. The petitioner sought interim relief against such content while pressing the Court to direct the removal of allegedly objectionable posts.
The Bench, however, noted that there is often a fine distinction between protected political speech and defamatory statements. It observed that courts must carefully balance an individual’s right to reputation with the constitutional guarantee of free speech, particularly where the comments concern political decisions made by elected representatives.
Justice Prasad also pointed out that the present dispute appeared to differ from earlier personality rights cases involving celebrities and public figures, where the issue primarily related to unauthorized commercial exploitation of their identity. According to the Court’s oral observations, criticism arising from political actions does not, by itself, fall within the scope of personality rights protection.
After hearing submissions from both sides, the Court reserved its order on the request for interim relief. The main suit will continue to be heard on its merits.
Chadha’s suit seeks directions against both identified and unidentified online users, alleging misuse of his photographs and personal attributes through AI-generated, morphed, and manipulated content circulated on social media. The petition contends that such material harms his reputation and infringes his legal rights.
The Delhi High Court is expected to determine whether any of the challenged content warrants judicial intervention while maintaining the balance between protecting individual reputation and safeguarding freedom .
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