Delhi HC Tweaks Vivek Oberoi Personality Rights Injunction
Delhi HC modified Vivek Oberoi’s personality rights order, excluding two X posts from the scope of the interim injunction.
SociapaHQ
The Delhi High Court has noted that actor Vivek Oberoi seems to have ceased participating in the proceedings of his lawsuit for personality rights after getting an interim order in his favour earlier this year.
Justice Anup Jairam Bhambhani permitted two posts on social media platform X to be kept out of the purview of the interim injunction granted to Oberoi on February 5, following X Corp’s submission that the posts did not violate the actor’s personality rights and were protected forms of free speech.
X Corp has approached for removal of the two posts from the ambit of the injunction. The Court observed that Oberoi had not filed a reply despite being granted time for the purpose.
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Court Proceedings:
Earlier, the Court had stated at the hearing on July 17 that if no reply was filed within a period of seven days, it would assume that Oberoi has no objection to the application.
At the last hearing, Oberoi’s lawyer had told the Court that he had tried several times to get instructions from the actor but had got no response. The counsel said that the order dated July 17 was communicated to Oberoi through email, speed post and to his manager, but there was no response.
The lawyer then applied for leave to withdraw from the case which was granted by the Court.
With no response as no objection, the Court directed that the two disputed X posts be removed from the ambit of the interim injunction of February 5, noting that the posts had no nexus with Oberoi’s personality rights.
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Some defendants in the proceedings also alleged that the interim order was being used to block links not connected to personality rights. They said the injunction had prevented news reports about allegations made against a company linked to Oberoi, and had affected information that was relevant to thousands of investors.
Legal Assistance:
The Court found the application for an expedited hearing to be meritorious and scheduled the application for an interim injunction for further consideration on 17 August. The defendants were given a week to file their responses.
Oberoi does not currently have a lawyer representing him and so the Court has appointed advocate Rohan J. Alva as amicus curiae to assist in the proceedings and ensure representation of the actor’s side.
The Court also directed that a copy of the order be served on Oberoi through the Principal District and Sessions Judge, Mumbai and the police authorities concerned.
