Sushant Singh Rajput's privacy rights died with him: High Court
New Delhi : The Delhi High Court dismissed a plea on Tuesday seeking an injunction against the movie 'Nyay: The Justice,' a film based on the life of the late Bollywood actor Sushant Singh Rajput. Justice C Hari Shankar ruled that Rajput's personality rights, as well as his rights to privacy and publicity, ceased to exist with his demise and cannot be inherited by his father.
Rajput's father, Krishna Kishore Singh, had requested a stay on the continued streaming of the film on the Over-The-Top (OTT) platform Lapalap Original. The movie had already been released in June 2021.
The court stated, "The information contained and depicted in the challenged film is entirely derived from items that were featured in the media and, therefore, constitute publicly available information. In creating a film based on this material, it cannot be argued that the defendants violated any rights of Sushant Singh Rajput, let alone the plaintiff, particularly as the information was never questioned or challenged when it originally appeared in the media, either by Rajput or by the plaintiff. The defendants were not required to obtain the plaintiff's consent before making the movie."
In a comprehensive order, Justice Hari Shankar further stated that even if it is assumed that the film infringes upon Rajput's publicity rights or defames him, those rights are personal to the actor and cannot be claimed by his father.
"Moreover, since the movie is based on information in the public domain, which was never contested or questioned at the time of its original dissemination, it cannot be enjoined at this point, especially after its release on the Lapalap platform some time ago and likely already viewed by thousands," the court observed.
Consequently, the court concluded that it cannot issue an order to halt the streaming of the movie, particularly when it has already been released and likely seen by a significant number of people.
