The right to privacy is a personal right that extinguishes with the individual's death and is not inheritable by legal heirs. The right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India protects artistic expression, including films and web series, even if they portray public figures in a critical or unflattering light.

JUDGMENT :

R. Subbiah, J.

1. This Original Side Appeal (O.S.A.) has been filed as against the order dated 12.12.2019 made in O.A. No. 1102 of 2019 in C.S. No. 697 of 2019 by the learned Single Judge dismissing the Original Application filed by the appellant herein for interim injunction to restrain the respondents 1 to 3 from in any manner making, releasing, publishing, exhibiting publicly or privately selling, promoting or advertising or entering into film festival or otherwise producing in any format, any film, drama, serial, tele-serial, web serial or any other literary or artistic expression in respect of the life of Dr. J. Jayalalitha, the former Chief Minister of Tamil Nadu and/or her family members and their direct descendants without the consent of the applicant/plaintiff, pending disposal of the suit which has been filed for declaration and permanent injunction.

2. The brief facts which are necessary for disposal of this appeal are as follows.

3. It is the case of the appellant that she is the brother's daughter of former Chief Minister of Tamil Nadu late. Dr. J. Jayalalitha, a well known public personality and who had acquired very good name, image and reputation in the midst of the people of Tamilnadu and all over India as a political leader. She had established a great name for the political party-All India Anna Dravidar Munnetra Kalagam (AIADMK) founded by Late. Dr. M.G. Ramachandran, former Chief Minister of the State of Tamil Nadu. Further, Late Dr. J. Jayalalitha is the aunt of the appellant/Deepa Jayakumar. As a family member of Late. Dr. J. Jayalalitha, the appellant/plaintiff acquainted herself in various parts of her life and has been present along with her on important occasions.

4. According to the appellant, the respondents 1 and 2 herein have announced through Press and Media that they are producing a film on the biography of late. Dr. J. Jayalalitha 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.

5. The third respondent has come forward to make a Web series on the life story of Dr. J. Jayalalitha. The third respondent has planned to produce the web serial on the life story of Dr. J. Jayalalitha for his commercial and monetary benefits, without the consent of the appellant/plaintiff. The life story of Dr. J. Jayalalitha cannot be filmed without adding the life of the appellant/plaintiff and her relatives as part of the film. In such an event, the same would amount to invading into the privacy of the appellant/plaintiff, more so, the appellant/plaintiff was not aware of the story, script or screen play and dialogue prepared by the respondents in the process of producing the said movie and for the web serial. The appellant/plaintiff apprehends that while the respondents/defendants portray Dr. J. Jayalalitha and her personal life in the life story, the plaintiff's part in the life story, may also be depicted by the respondents/defendants in their own version, which may affect the family privacy of the appellant/plaintiff. Therefore, the appellant/plaintiff contended that the personality rights of her aunt Dr. J. Jayalalitha and the interest of her family's privacy, had to be safeguarded. Hence, it is absolutely necessary that, in the absence of any consent and approval of the story, script, screenplay etc., by the appellant/plaintiff, the respondents/defendants should not be permitted to proceed with the production of the said film or web serial or releasing the same for public exhibition.

6. The apprehension of the appellant/plaintiff is that, during the production of the film, the respondents/defendants may interpolate the scenes which would affect the dignity and reputation of Dr. J. Jayalalitha, while narrating the story, for their commercial enrichment. Therefore, it is contended by the appellant/pla