Court Orders Immediate Removal of Vulgar URLs and Exempts Plaintiff from Procedural Requirements
In a significant judgment, the Delhi High Court, presided over by Justice A. J. Bhambhani, has provided substantial relief to actress Janhvi Kapoor in her civil suit against Ashok Kumar and other defendants. The court has issued an interim injunction for the removal of URLs containing sexually explicit and vulgar content, marking a crucial step in addressing online defamation and privacy violations.
The lawsuit, filed by Kapoor, sought judicial intervention to remove thousands of URLs disseminating pornographic content involving her name and likeness. The court, after a detailed examination, found a prima facie case in favor of the plaintiff, emphasizing the potential irreparable harm to Kapoor's reputation if the content remained accessible.
Recognizing the urgency, the court granted Kapoor exemption from several procedural mandates usually required under Indian law. These include the exemption from pre-litigation mediation under the Commercial Courts Act, 2015, and the waiver of the requirement to serve a prior notice to government authorities under Section 80 of the Civil Procedure Code, 1908. Additionally, the court extended the deadline for filing the requisite court fee and the affidavit under the Bharatiya Sakshya Adhiniyam, 2023.
Justice Bhambhani directed the removal of URLs listed at serial numbers 1 to 552 from the annexure to the plaint, identifying these as containing grossly vulgar and pornographic content. The defendants, including government authorities, are required to ensure the URLs are taken down within three weeks to prevent further damage to Kapoor's reputation.
Furthermore, the court instructed Kapoor's legal team to classify the impugned URLs into three categories for a more structured approach: content that is outright pornographic, content monetizing Kapoor's personality rights, and content using her name for promotional purposes. This categorization is expected to streamline future proceedings and ensure a targeted legal approach.
The case will be revisited on August 17, 2026, allowing the defendants time to file their written statements and responses. This judgment marks a notable effort by the judiciary to adapt legal procedures in response to the evolving challenges posed by digital and online platforms.
Bottom Line :
Exemption from pre-litigation mediation, filing of certificate under Section 63(4)(c) of Bharatiya Sakshya Adhiniyam, 2023, and prior notice to government authorities under Section 80 CPC granted. Interim injunction granted for removal of sexually vulgar/pornographic URLs.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Code of Civil Procedure, 1908 Sections 151, 80, 149, Bharatiya Sakshya Adhiniyam, 2023 Section 63(4)(c), Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2
Janhvi Kapoor v. Ashok Kumar/John Doe, (Delhi) : Law Finder Doc id # 2965781
