Recently Madras High court pronounced that the Right to Privacy of a deceased person cannot be inherited.

Issue

J Deepa, niece of former CM J Jayalalitha filed a plea in the High Court to stop the release of a biopic “Thalaivi”. The movie is based on the life of the former Chief Minister. According to the petitioner, the movie is defaming her reputation. Also, life story of Jayalalitha cannot be filmed without adding the life of her relatives into it. By this it will amount to invade her (Deepa’s) privacy as well.

High Court Judgement

Madras High Court pronounced that the movie is subjected to the certifications given by CBFC. And the CBFC (Central Board of Film Certification) is yet to go through the contents of the movie. Also, personality, privacy and reputation enjoyed by a person during his or her life time ends with his or her death.

Central Board of Film Certification

  • CBFC is a statutory body that operates under the Information and Broadcasting Ministry.
  • It regulates the provisions of Cinematograph Act of 1952.
  • The films that are streamed in India shall be exhibited only after being certified by CBFC.

IT (Guidelines for Intermediaries and Digital Media Ethics Code) Rules of 2021

The rules were recently released in February 2021. After COVID-19, the movies were released in digital platform like amazon prime, Netflix. These new rules largely cover OTT media services. There are currently forty OTT service provides in India. OTT market in India is growing largely. In the year 2018, the OTT market value was Rupees 21.5 billion and in 2019 it grew to Rupees 35 billion.

Right to Privacy Reputation extinguishes after death Right to Privacy Reputation extinguishes after death