The Delhi High Court granted protection to Lucknow Super Giants owner Sanjiv Goenka against abusive and morphed social media posts. The Court held that such content crosses free speech limits and may allow disclosure of user details behind it.
The Delhi High Court on Wednesday took an important step to protect the personality rights of industrialist Dr Sanjiv Goenka, who owns the Lucknow Super Giants team in the Indian Premier League. The case was filed after several abusive and misleading posts about him went viral on social media during the ongoing IPL season.
Justice Tushar Rao Gedela agreed to pass directions in favour of Goenka after it was shown that his images were being misused through morphed photos and videos. These posts were widely shared online and created false and harmful narratives about him.
ALSO READ: Personality Rights Case Row: Delhi High Court Issues Notice to Salman Khan
Senior Advocate Sandeep Sethi, appearing for Goenka, argued before the Court that the content circulating online was not just humorous or satirical but clearly defamatory. He explained that many posts had superimposed Goenka’s face onto other individuals, falsely showing him involved in violent or inappropriate situations that never actually happened.
The counsel strongly stated,
“This is not mere humour or parody,”
highlighting that the content crossed the limits of acceptable free speech. He further submitted that while public figures may face jokes or criticism, the material in this case distorted reality and caused serious reputational damage. It was also argued that such content not only harmed Goenka personally but also affected the image of his business and the people working with him.
During the hearing, the Court discussed in detail the balance between freedom of speech and the right to protect one’s reputation. The Bench observed that public personalities are often subject to public commentary, including satire and criticism. It clearly remarked,
“nobody can say that no one should use my name or image at all.”
However, the Court made an important distinction. It noted that when content involves face morphing and spreads false stories, it goes beyond acceptable humour and becomes objectionable. The Court emphasized that such misuse cannot be protected under the right to free speech.
On the other hand, social media platforms like Google argued that they are only intermediaries and do not create the content themselves. They submitted that their responsibility arises only after receiving proper legal notice, as per safe harbour protections under law.
They also warned that broad court directions asking for user details or large-scale content removal could negatively impact free speech, especially during public events like the IPL.
The platforms suggested a balanced approach where specific content could be reported to them for removal, and if disputes arise, parties can approach the Court for further directions.
After hearing all sides, the Court concluded that there must be a proper balance between freedom of expression and protection of an individual’s reputation. Accordingly, it granted protection to Dr Sanjiv Goenka’s personality rights.
The Court also indicated that it may consider directing disclosure of Basic Subscriber Information and IP logs to identify the people responsible for creating and sharing such content.
The legal team representing Goenka included advocates from Anand & Anand, led by Pravin Anand and Dhruv Anand. Advocate Aditya Gupta appeared for Google.
Case Title:
Dr Sanjiv Goenka Vs Google
Read More Reports On Personality Rights
