New Delhi: The Delhi High Court on Tuesday said it may grant interim protection to PhysicsWallah founder Alakh Pandey against the unauthorised commercial use of his personality, while making it clear that any order should not affect content protected under the right to free speech.
Justice Anup Jairam Bhambhmade the observation while hearing Pandey's suit alleging that his face, expressions and teaching style were being used without permission in online stickers, GIFs and other content.
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"I am willing to protect you at this stage in so far as the content which is using to monetise... There is some stuff that is vulgar, not all of it," the Court observed.
The Court, however, said it could not pass a blanket order on all the links placed before it because some of them also contained legitimate content.
"Because of the nature of the content, you bring me a hundred URLs. Embedded in the link is stuff that is perfectly legitimate... we have to be guided by it," the Court said.
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Appearing for Pandey, Senior Advocate J Sai Deepak submitted that his client's face, expressions and style of teaching have become widely recognised and were being commercially exploited without permission.
He told the Court that stickers and GIFs using Pandey's image were being sold online and that several of them contained sexually explicit, abusive and derogatory content.
"As an educator, it has the potential of bringing me down in the eyes of the students," Advocate Deepak submitted.
He also said the plaintiff was not trying to stop criticism or parody but was objecting to the commercial use of his personality in vulgar content.
"We are not ultra-sensitive to criticism. Some red lines people have to follow. I have not signed up for defamation. This is harming us on a regular basis," he said.
During the hearing, the Court asked, "Where do we define personality rights?"
Before passing any order, the Court directed the plaintiff to file a table classifying the alleged violations into three categories: content that commercially uses Pandey's personality, content that is vulgar or sexually explicit and goes beyond satire or parody, and content that is allegedly defamatory or slanderous.
The Court clarified that it was not issuing notice or summons at this stage.
"I am not issuing notice or issuing summons. You come back with this, I will give a specific order," the Court said.
The matter is listed on August 5, when the Court is expected to pass its order.
Alakh Pandey started PhysicsWallah as a YouTube channel in 2016 to teach students preparing for JEE, NEET and CBSE examinations. The platform later grew into one of India's leading edtech companies and has millions of subscribers across the country.
