Media Law and Privacy
Broad Issues/Overview?
Media norms: Press Council of India, the Cable Television
Networks (Regulation) Act, 1995 and the Code of Ethics
drafted by the News Broadcasting Standard Authority)
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Media Law and privacy, Study Guides, Projects, Research of Media Laws and Ethics
the interface between both and how privacy has to be respected
Typology: Study Guides, Projects, Research
2017/2018
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Media Law and Privacy
Broad Issues/Overview? Media norms: Press Council of India, the Cable Television Networks (Regulation) Act, 1995 and the Code of Ethics drafted by the News Broadcasting Standard Authority)
- (^) State of UP v Raj Narain: Right to know.
- (^) The RTI Act, makes an exception under section 8 (1) (j), which exempts disclosure of any personal information which is not connected to any public activity or of public interest or which would cause an unwarranted invasion of privacy of an individual.
- (^) What is unwarranted invasion of privacy of individual?
- (^) PUCL v Union of India
- (^) The Central and the State Governments have a right to tap phones under Section 5(2) of Indian Telegraphic Act, 1885.
- (^) Shouldn’t procedural safeguards be read into this section?
- (^) “Telephone conversation is an important facet of a man's private life. Right to privacy would certainly include telephone-conversation in the privacy of one's home or office. Telephone-tapping would, thus, infract Article 21 of the Constitution of India unless it is permitted under the procedure established by law."
Public Person
- (^) CPIO, Supreme Court of India vs Subhash Chandra Agarwal
- (^) Right to information v Right to Privacy
- (^) whether judges of high courts and Supreme Court were filing asset declarations in accordance with full resolution of the Supreme Court.
- (^) The court held that information concerning private individuals held by public authority falls within the ambit of the RTI Act.
Court’s tests
- (^) whether the disclosure of the personal information is with the aim of providing knowledge of the proper performance of the duties and tasks assigned to the public servant in any specific case;
- (^) whether the information is deemed to comprise the individual's private details, unrelated to his position in the organization, and,
- (^) whether the disclosure will furnish any information required to establish accountability or transparency in the use of public resources.
But who counts as a public person?
- (^) What about an MLA’s wife?
- (^) Eg. Sunanda Pushkar, IPL holdings
- (^) If personal information divulged by the media does not shed light on the performance of a public official, which would be of public interest, then the information revealed violates the standards of privacy.
- (^) But why should media follow this?
JJ Act, 2015
- (^) Any information that would lead to their identification.
Photographing people
- (^) Photographing vulnerable people?
- (^) When is it okay?
Trial by media?
- (^) The PCI : journalists should not to give excessive publicity to victims, witnesses, suspects and accused as that amounts to invasion of privacy.
- (^) The identification of witnesses may endanger the lives of witnesses and force them to turn hostile.
- (^) Best Bakery Case.
- (^) Showing suspects pictures:
- (^) What about Article 21.
- (^) Also, identification parades of the accused conducted under Code of Civil Procedure would be prejudiced. Under Contempt of Court Act, publications that interfere with the administration of justice amount to contempt.
- (^) Jessica Lal?
Public interest?
- (^) "Giving inducement to a person to commit an offence, which he is otherwise not likely and inclined to commit, so as to make the same part of the sting operation is deplorable and must be deprecated by all concerned including the media.”
- (^) “…sting operations showing acts and facts as they are truly and actually happening may be necessary in public interest and as a tool for justice, but a hidden camera cannot be allowed to depict something which is not true, correct and is not happening but has happened because of inducement by entrapping a person."
- (^) PCI Norms: require a newspaper reporting a sting operation to obtain a certificate from the person involved in the sting to certify that the operation is genuine and record in writing the various stages of the sting. The decision to report the sting vests with the editor who needs to satisfy himself that the sting operation is of public interest.
- (^) NBSA, 2008: should be used as a last resort.
Puttaswamy
- (^) bodily and mental privacy, informational self- determination, and decisional autonomy.
- (^) The Court did not hold that there existed a fundamental right to privacy between private parties.
- (^) The Court did not decide how it would adjudicate cases where there was a clash between privacy and other rights, such as the freedom of speech and the freedom of information.
- (^) Public Interest?
- (^) Commercialisation?
- (^) Kaul J.