Right to Privacy in India: Remedies against Unauthorised Publication of Photographs

Abstract

“I …feel most …invaded at my pictures published in a film magazine …The pictures were taken while I was on holiday by someone who …has shot without permission and then used the pictures for commercial gain. There is a breed of journalism that preys on celebrities in the worst possible manner crossing all lines of privacy and decency. Running these pictures shows support for this school of journalism”, said Katrina Kaif, a popular Bollywood actress in her open letter to the media following publication of her personal holiday pictures in the media. In light of the discontent voiced by the actress, in this research paper I attempt to analyse if a person has a legal remedy in India against publication of his/her photographs without consent. Legal academia in India has given short shrift to not only the existence of tort of invasion of privacy in India but also consolidation of various judgments related to the same. This paper, therefore, seeks to discuss and analyse the development and current status of the constitutional, statutory and tort law remedies against invasion of privacy in India and suggest a possible way forward. As part of this analysis, a special focus is given to the remedies for invasion of privacy against unauthorised publication of photographs.