Right to Privacy, Reputation extinguishes after death: Madras High Court

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

What is the issue?

J Deepa, niece of former Chief Minister 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 CM. 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.

Judgement

The High Court pronounced that the movie is subjected to the certifications given by CBFC. And the CBFC 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.

CBFC

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

Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 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 Over the Top (OTT) media services. There are currently forty OTT service provides in India. OTT market in India is growing largely. In 2018, the OTT market value was Rs 21.5 billion and in 2019 it grew to Rs 35 billion.

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Comments

  • Avinash Kumar
    Reply

    Good