ABSTRACT:

Privacy is a human right that cannot be alienated. It demands respect as it is attached to human dignity. But, in the current scenario, it is becoming a threat. Privacy is also acknowledged in UDHR, International Covenant on Civil and Political Rights, and in various court’s judgments. But we can witness the over-enthusiastic media is encroaching the personal right. There is a need to maintain a balance between two approaches. Since this is considered a complex process so, the present tries to explain the freedom of the press and the right to press in integration. balancing the right to privacy against freedom press is emerging it needs to be handled both public and private interests.

Keywords: press, privacy, and rights

INTRODUCTION:

Media is considered as a medium to express feelings, opinions, and views and on the other hand, it is also crucial for forming a base of opinions on different concepts such as regional, national, and international concepts. Therefore, the media is responsible for shaping the thinking ability of hundreds of people. In democratic state freedom of the press is considered as a cornerstone of democracy. And today India has four pillars in the nation. After guaranteeing Article 19 (1) (a) that is “freedom of speech and expression”[1] has given rise to the fourth pillar that is “Media”.[2] The role played by media is crucial it works as a watchdog. It tries to bring in notice all the wrongs exist in society by creating awareness with an intention for correction.[3] The fact is that press is a source of providing information to individuals. “the press is for them, the only window which opens upon the world, the sole means of escape through the prison whose walls are private interests, personal ties, and domestic concerns.” It is, therefore, in the interest of the people to ensure the freedom of the press for it is the best guarantee of their freedom (Justice George).

But as we know every coin has two sides with the right to press there comes attached right to privacy which may get violated. With the increased role and responsibilities of the press in daily life, the media needs to realize its boundaries. There is a duty on the media to respect the dignity of individuals by acknowledging the privacy of others. The individual has a “right to privacy”[4] which is guaranteed in Article 21 of the Indian Constitution.

FREEDOM OF PRESS:

In the Indian constitution, the freedom of the press has been guaranteed under Article 19(1) (a) that is freedom of speech and expression. The purpose of Article 19 is to protect the rights of freedom of speech and expression. Every citizen has a right to freedom of speech and expression. Article 19 holds the freedom to hold opinions. And restrictions on freedom are present in article 19 (2) that state can enforce in the interest of sovereignty and integrity, the security of the state, friendly relations with foreign states, public order, decency, and morality or in relation to contempt of court, defamation or incitement to an offense. The Freedom of Press has a long history in India from the British Rule. The Government of the British has enacted a number of legislations like the Indian Press Act, 1910, Indian Press (Emergency) Act, etc. There existed censorship on publication of news on activities related to the congress. But, after the period of independence, the outlook was changed and Article 19(1) (a) came into existence. It says: “All citizens shall have the right, to freedom of speech & expression.” The words speech and expression in India include freedom of the press. It means that the state cannot interfere with the content and circulation of the newspaper.[5]

Romesh Thapar v/s State of Madras[6]

In this case, it was observed by Patanjali Shastri a Chief Justice that “Freedom of speech and press lay at the foundation of all democratic organization, for without free political discussion no public education, so essential for the proper functioning of the process of popular government is possible.” In this case, the English journal “Cross Road” was banned by the Government of Madras. It was claimed to be violative of freedom of speech and expression.

Indian Express Newspapers v/s Union of India^[7]

In this case, it was realized that the press is a crucial part of a democratic setup. The court has an obligation to preserve the freedom of the press. The court can invalidate laws and executory actions that violate freedom. The case has given three components and they are as follow:

1. Freedom of access to all sources of information;
2. Freedom of publication;
3. Freedom of circulation

Restriction on Freedom of Press in India:

Though India is blessed with freedom of speech and expression but the right comes with reasonable restrictions under Articl2 19 (2). Therefore, freedom of speech and expression is not absolute. The right can be restricted only on the grounds mentioned above. The restrictions adhered are important in order to maintain regularity. The following are the restrictions:[8]

1)    Sovereignty and integrity

2)    Security of the state

3)    Friendly relations with foreign states

4)    Public order

5)    Decency or morality

6)    Contempt of court

Sakal Papers v/s Union of India[9]

The Daily Newspapers (Price and Page) Order, 1960 which fixed the number of pages and size which a paper could distribute at a cost was held to be violative of the opportunity of the press and not a reasonable restriction under Article 19(2).

Bennett Coleman and Co. v. Union of India[10]

In this case, Bennett Coleman and Co. fixed the maximum number of pages, and the court struck down by the court by observing it as violative of the provision of Article 19 (2).

Right to Privacy:

Privacy is the newly emerging concept in the framework of law and still developing. It is difficult to define privacy and especially in terms of the law. the right to privacy is a crucial element for protecting individuals and protect the basis of individuality. The Indian constitution does not expressly deal with the Right to Privacy. But the scope of the right to privacy is explained under Article 21 which says: “No person shall be deprived of his life or personal liberty except according to the procedure established by law.”[11] the article is always explained by the judiciary broadly and deemed to include the right to privacy”. The journey of right to privacy started with “Kharak Singh v. State of Uttar Pradesh and Others.”[12] In the case “Govind v. State of Madya Pradesh”[13] the Supreme Court acknowledged “The Right to be let alone.” And, for the first-time court acknowledged that it is true that the Indian constitution does not explicitly have declared the right to privacy. After “Govind v. State of Madya Pradesh” and Another, the court included the right to privacy into the ambit of right to life and personal liberty. Therefore, the right to privacy is a fundamental right under the Indian constitution and needs to be protected in any scenario.[14]

Interconnection Between Media and Press

At present we can witness that media has grown unpredictably due to over-commercialization and violating the right to privacy of individuals it has gone beyond the limits of its liberties. The right to privacy has a strong legal basis it is our basic, inherent, and inalienable right. Another view that deals with the same point are by Andra Pradesh in the case of “Liberation Front v. State of Andra Pradesh.” It was held that “Once an incident involving a prominent person or institution takes place, the media is swinging into action virtually leaving very little for the prosecution or the Courts to examine in the matter. Recently, it has assumed dangerous proportions, to the extent of intruding into the very privacy of individuals. Gross misuse of technological advancements and the unhealthy competition in the field of journalism resulted in obliteration of norms or commitments to the noble profession. The freedom of speech and expression, which is the bedrock of journalism, is subjected to gross misuse. It must not be forgotten that only those who maintain restraint can exercise rights and freedoms effectively”[15] The same decision was upheld in a decision of “R. Rajagopal and Another v. State of Tamil Nadu and Others”[16] that press should consider the right to privacy.[17] Indian Constitution does not have any provision talking about the right to privacy explicitly. It is a deemed right under the right to life Article 21. For inter-relating right to privacy has to be understood in the context of two fundamental rights that is Article 21 and Article 19.

Though the press is playing a crucial role in public welfare it needs to act responsibly. For example, the writ petition filed by Ratan Tata before the apex court of India to deal with unauthorized publication of his private talk with Nira Radia infringing the right to his privacy. The writ filed before Supreme Court challenged the publication. The present issues highlight the issue that exists between media and privacy.[18] The issue is right to privacy is not a positive right it comes into existence only when it gets encroached. The law has only evolved through judgments. The right to privacy is often compromised when it comes to public welfare and state security. The Indian media breaches privacy in our daily life. We are experiencing a conflict between media activism and the right to privacy. If we sum up the basis it declares a dispute between the public’s right to know and infringement of privacy. With power comes responsibilities and right granted under Article 19 (1) (a) of the constitution brings an obligation not to violate the law. so, while exercising the freedom of the press the human dignity and privacy need to be respected. The current picture of the right to privacy is blurred and requires the check. A plausible press brings matter into the public domain which needs to be checked but all it requires to mandate in mind requirements of privacy and law seems nowhere in reality.

Remedy for protection of privacy:

India being a signatory of the United Nations has adopted almost every principle into our constitutional framework. Universal declaration on human rights declared privacy as the most fundamental requirement and gave it the foremost position in Article 12. But freedom of speech and expression was only a part of Article 19 and it comes with restrictions under Article 19(2). Though libel and slander have no place in restrictions which gives right to press to use it’s right in an indecent manner. Freedom of the press was recognized in case Romesh Tapper state of Madras where the court held that the press has the right to propagate including the right to circulate. The above-mentioned aspects gave birth to the right to press. But at the same time, the right to privacy right to privacy does bot hold any independent status into our constitution so it does come at the same footing with right of the press in our constitution. This may be due to no presence of article right to privacy explicitly into the constitution and embedding its scope into Article 21 does no justice. Article 21 is an interim relief but to provide remedy protection of the right to privacy is needed and recognition of slander and libel into restrictions could enhance the scope to withhold the principles of UDHR as well.[19]

CONCLUSION:

Due to a lack of constitutional upliftment to protect the right of privacy, it receives setback and it fails to protect the interest of victims of the press. Though IPC provides punishment for the offenses of slander and libel but not for privacy. Legislators have ignored making powerful laws for privacy and scope till now has only be expanded by the judiciary. The only ground which can enhance the procedure of justice is Article 21 of the constitution as to date there is no way to codify laws on the same. The victims have to be dependent on the decisions of the courts to get justice. once it will be recognized it will stand at par with freedom of the press. I suggest if any action could be made like the Privacy Act. The right to privacy needs protection, especially in the digital arena. The establishment of any regulatory body for controlling the actions of the press can even both.

SUGGESTIONS:

·       Codification of laws related to the right to privacy.

·       While exercising freedom of press terms of privacy should be respected

·       Setting up the regulatory body for checking the work of the press

·       Including slander and libel into the reasonable restrictions

References:

·       http://www.legalservicesindia.com/article/217/Freedom-of-Press-In-India.html

·       http://www.advancedjournal.com/download/169/1-10-16-525.pdf

·       https://shodhganga.inflibnet.ac.in/bitstream/10603/40105/17/17_summary.pdf

·       https://madhavuniversity.edu.in/right-to-media.html

·       http://ijsae.in/index.php/ijsae/article/download/231/142

·       http://www.lawjournals.org/download/45/2-5-26-273.pdf