Court Recognizes Personality, Publicity and Moral Rights Under Articles 19(1)(a) and 21 of Constitution and Copyright Act; Directs Google and Other Platforms to Remove Infringing Content
In a significant judgment delivered on November 3, 2026, the Bombay High Court has granted ad-interim relief to Sukhwinder Kaur, popularly known as "Radhe Maa" or "Shri Radhe Guru Maa," a renowned spiritual leader, in a suit against Google LLC and others for unauthorized and defamatory online content infringing her personality rights, publicity rights, and moral rights under Indian law.
The suit, filed as Commercial Intellectual Property Rights Suit No. 35356 of 2026, sought permanent injunctions restraining the defendants from hosting and circulating fake, morphed, and sexually explicit content involving the plaintiff's image, voice, and likeness on various digital platforms including YouTube, Facebook, Instagram, and the GIF platform Tenor.
Justice Madhav J. Jamdar, hearing the matter, recognized that the plaintiff's personality rights and publicity rights flow from the fundamental rights guaranteed under Article 19(1)(a) - the right to freedom of speech and expression - and Article 21 - the right to life and personal liberty, which includes the right to live with dignity and privacy. These constitutional protections, coupled with the plaintiff's moral rights under Section 38B of the Copyright Act, 1957, form the legal foundation of the claim.
The Court noted that the plaintiff, who has built a large following over three decades through spiritual and charitable activities, has had her rights gravely violated by the creation and dissemination of manipulated and obscene content that falsely depicts and demeans her reputation. The infringing content included doctored images, distorted audio-visual recordings of her discourses, unauthorized GIFs bearing her likeness, and content hosted on websites with concealed operators.
The defendants named in the suit included Google LLC (owner of YouTube and Tenor), Facebook and Instagram operators, multiple domain registrars, unidentified individuals engaged in infringement, and government bodies such as the Ministry of Electronics and Information Technology and the Department of Telecommunications to ensure compliance with court orders.
In its interim order, the Court directed Google LLC and related platform operators to take down, remove, and disable access to the infringing content listed in Exhibit E of the plaint within timelines prescribed by the IT Rules. Furthermore, the defendants must act expeditiously on notifications of any further infringing content identical or substantially similar to the notified material. The Court allowed the defendants to raise objections but granted liberty to the plaintiff to approach the Court in case of any disputes.
Counsel for Google and Tenor confirmed their readiness to comply with the order, with Google LLC undertaking responsibility for compliance on behalf of Tenor.
The Court has directed the defendants to file affidavits in reply within eight weeks and allowed rejoinders within four weeks thereafter, with the matter set for further hearing on February 2, 2027.
This ruling marks a robust judicial acknowledgment of the intersection between constitutional rights and intellectual property law in protecting individuals' dignity and reputation in the digital age. It underscores the accountability of digital platforms in preventing misuse of personal identity and combating online defamation and obscenity.
Bottom Line:
Personality Rights and Publicity Rights - Protection under Article 19(1)(a) and Article 21 of the Constitution of India - Plaintiff's moral rights under the Copyright Act, 1957 upheld in case of fake, morphed, and sexually implicit content violating Plaintiff's rights.
Statutory provision(s):
Article 19(1)(a) of the Constitution of India, Article 21 of the Constitution of India, Section 38B of the Copyright Act, 1957
