Right to privacy of an individual cannot be inherited by his legal heirs after his or her death

Privacy or reputation earned by a person during his or her lifetime extinguishes with his or her death. After the death of a person, the reputation earned cannot be inherited like a movable or immovable property by his or her legal heirs. Such personality rights, reputation or privacy enjoyed by a person during his lifetime comes to an end after his or her lifetime.

Plaintiff is brother's daughter of former Chief Minister of Tamil Nadu late. Dr.J.Jayalalitha, a well known public personality and who had acquired a very good name, image and reputation amid the people of Tamilnadu and all over India as a political leader. According to the plaintiff, the defendants have announced through Press and Media that they are producing a film on the biography of late. Dr. J. Jayalalitha is titled as "Thalaivi '' in Tamil and "Jaya '' in Hindi. They have planned to produce and release the said films on the life story of Dr.J.Jayalalitha as a bi-lingual film for their commercial and monetary benefits, without the consent of the appellant/plaintiff.

The case of the appellant is that she is the Class I legal heir (as per Hindu Law) Nadu Dr.J of the former Chief Minister of Tamil. Jayalalitha and therefore, she is having a legal right to safeguard the posthumous right of privacy and to protect the dignity of her late aunt.

Privacy or reputation earned by a person during his or her lifetime extinguishes with his or her death. After the death of a person, the reputation earned cannot be inherited like a movable or immovable property by his or her legal heirs. Such personality rights, reputation or privacy enjoyed by a person during his lifetime comes to an end after his or her lifetime. Therefore, "posthumous right" is not an "alienable right" and the appellant/plaintiff is not entitled to an injunction on the ground that the "posthumous right" of her aunt is sought to be sullied by the defendants because of the release of the film titled as "Thalaivi". Further, the movie in question is yet to be released. Even before that, the appellant/plaintiff is not entitled to seek an injunction on the ground that her aunt has been depicted in the movie very badly and thereby her image and reputation is attempted to be brought down. Such contention of the appellant/plaintiff cannot be countenanced before the movie is to be released.

As far as the web series is concerned, it is alleged that certain scenes in the web series have portrayed the former Chief Minister in poor light. But it was not pleaded in the plaint. It is the assertive submission of the third respondent that the web series "Queen" is inspired by true events and it is a dramatized and fictional reaction. Even otherwise, there is a "disclaimer" stating that it is not a biography depicting any character. Hence, even if the appellant is in any manner aggrieved by the portrayal of the former Chief Minister or her family members in the Web series, the only remedy now open to the appellant is to seek appropriate legal remedy for damages.

When the web series was already released on the OTT platform and it was also viewed by scores of people, an injunction against the telecast of the web series cannot be granted.

Privacy or reputation earned by a person during his or her lifetime extinguishes with his or her death. After the death of a person, the reputation earned cannot be inherited like a movable or immovable property by his or her legal heirs. Such personality rights, reputation or privacy enjoyed by a person during his lifetime comes to an end after his or her lifetime.

Plaintiff is brother's daughter of former Chief Minister of Tamil Nadu late. Dr.J.Jayalalitha, a well known public personality and who had acquired a very good name, image and reputation amid the people of Tamilnadu and all over India as a political leader. According to the plaintiff, the defendants have announced through Press and Media that they are producing a film on the biography of late. Dr. J. Jayalalitha is titled as "Thalaivi '' in Tamil and "Jaya '' in Hindi. They have planned to produce and release the said films on the life story of Dr.J.Jayalalitha as a bi-lingual film for their commercial and monetary benefits, without the consent of the appellant/plaintiff.

The case of the appellant is that she is the Class I legal heir (as per Hindu Law) Nadu Dr.J of the former Chief Minister of Tamil. Jayalalitha and therefore, she is having a legal right to safeguard the posthumous right of privacy and to protect the dignity of her late aunt.

Privacy or reputation earned by a person during his or her lifetime extinguishes with his or her death. After the death of a person, the reputation earned cannot be inherited like a movable or immovable property by his or her legal heirs. Such personality rights, reputation or privacy enjoyed by a person during his lifetime comes to an end after his or her lifetime. Therefore, "posthumous right" is not an "alienable right" and the appellant/plaintiff is not entitled to an injunction on the ground that the "posthumous right" of her aunt is sought to be sullied by the defendants because of the release of the film titled as "Thalaivi". Further, the movie in question is yet to be released. Even before that, the appellant/plaintiff is not entitled to seek an injunction on the ground that her aunt has been depicted in the movie very badly and thereby her image and reputation is attempted to be brought down. Such contention of the appellant/plaintiff cannot be countenanced before the movie is to be released.

As far as the web series is concerned, it is alleged that certain scenes in the web series have portrayed the former Chief Minister in poor light. But it was not pleaded in the plaint. It is the assertive submission of the third respondent that the web series "Queen" is inspired by true events and it is a dramatized and fictional reaction. Even otherwise, there is a "disclaimer" stating that it is not a biography depicting any character. Hence, even if the appellant is in any manner aggrieved by the portrayal of the former Chief Minister or her family members in the Web series, the only remedy now open to the appellant is to seek appropriate legal remedy for damages.

When the web series was already released on the OTT platform and it was also viewed by scores of people, an injunction against the telecast of the web series cannot be granted.

Appearing Counsel/s : Mr.Arun C.Mohan, Mr. P.S. Raman, Mr. Satish Parasaran