Media Law Your freedom ends, where my nose begins!
This must be the guiding motto for medias may it is electronic or print media, after witnessing the media’s media’s day-to-day modus operandi. operandi. Media leaves no stone unturned even for tiny tots of news irrespective of the fact that it has to break in to the private life of an individual. Press or media plays an important role in a democratic nation. In a true democratic country free press is considered as one of the qualification for a true democracy. Constitution of India itself guarantees the freedom of press under the fundamental rights for public interest. However, press is taking this freedom as absolute one, which is not conceivable in a democratic country. By ignoring all the boundaries, media is directly encroaching into the very private affairs of persons (celebrities, politicians), in the name of public interest. . It becomes absolute when press tends to forget thin line between public interest and interest of public. By seeing day-today’s day-today’s continuously falling standard of reporting in media, there is a urgent need of drawing the laksman Rekha Rekha to deter it from doing further damage to the existing state of press/ media in India. It is print or electronic media both have their critical role to play to play in the nation’s life and even termed as fourth pillar of democracy. As press is supposed to examine the government policies on the anvil of unbiased nature, but unfortunately press seems to lost in the profit oriented professional world. And for this purpose, press do not mind while encroaching in to the private life of individual. By keeping in mind such supposed role to play, it is necessary to keep a check on the one who is entrusted to check the government. Press must not have unbridled power to publish any information in the guise of public interest, there has to be some check and balance therefore it it is expedient to draw a line of control between between freedom of press and an individual’s privacy. is only concerned with the rights and liabilities of a journalist while prying into the domestic life or other private affairs of individual and giving it publicity, contrary to the interest of individual whose privacy has been violated. The prime purpose of the free press guarantee is regarded as creating a fourth institution outside the government as an additional check on the three official branches- executive, legislative, and 1
the judiciary. Press is something which can be termed as cornerstone of a democratic country. It is well known that pen is mightier than sword and of-course free press has power to influence 1
New York v. Sullivan, 376 U.S. 254; New York times company v. United states, 403 U.S.713 (1971) as quoted in M.P. Jain, Jain, th
Indian constitutional law 1085 (Lexis Nexis Butterworths Wadhwa Nagpur, Noida, 6 ed., 2012 )
the mind of great number of people by considering the fact about the platform it has. But, if this pen becomes uncontrolled than it would also have bare results and infraction of privacy is most conspicuous example of it. Though the Indian Constitution does not use the expression "freedom of press" explicitly under Article 19, however this freedom has been included as one of the guarantees under Article 19(1)(a) under the category of fundamental rights. In the Indian context, the term privacy refers to use and disclosure of personal information and is only applicable to the specific to individuals. Since personal information is manifestation of an individual personality. 2
Indian courts, including Supreme Court in Kharak Singh v. State of UP , had recognised that the right to privacy is as an integral part of right to life and personal liberty (art. 21) a fundamental right guaranteed to every individual under Constitution of India.(minority opinion of Subba Rao, 3
J.) which was subsequently elaborated in Gobind v. State of Madhya Pradesh . The law on this aspect has been adverted to in the decision of the Supreme Court in Indian 4
Express Newspapers (Pvt.) Ltd. v. Union of India where Venkataramaiah, J. referred to the importance of freedom of press in a democratic society. The freedom of press, as noted by Venkataramaiah, J., is one of the items around which the greatest and bitterest constitutional struggles have been waged in all countries where liberal constitutions prevail. Press possess a high steam and responsibility towards people of India, it is expected from press that it will work for the people but unfortunately, press taking advantage of liberal approach of Courts and continuously making mockery of individual’s privacy. Free press is regarded as one of the characteristics of democratic set up. In the case of Terminiello v. Chicago, US Supreme Court observed that the democratic credentials of a state are judged today by the extent of freedom of 5
press enjoys in that state.
The right to freedom of speech and expression and the right to privacy are two sides of the same coin. One person’s right to know and be informed may violate another person’s right to be left 6
alone. But, Media arrogantly disregarded these rights and as a result both of these right owed their genesis from the same fundamental right to speech and expression. To disseminate or receive information on the matters of public interest while on the other hand to safeguard the 2
AIR 1963 SC 1295
3
AIR 1975 SC 1378
4
1986 AIR 872
5
th
M.P. Jain, Indian constitutional law 1085 (Lexis Nexis Butterworths Wadhwa Nagpur, Noida, 6 ed., 2012)
6
Ibid p113
private life of an individual to the extent that it unrelated to the matters of public interest are two very sensitive domain of a democratic nation and therefore must be respected. This becomes even more difficult when the commercial interest involved of media houses. Warren and Brandeis, for the first time and originally defined the privacy as clear as ‘right to be 7
let alone’ in the year 1890. The article of Warren and Brandeis was centred on the legal protection of personal privacy against unwanted private invasion. They demanded seclusion from 8
the prying eyes of yellow journalists and gossip mongers. Those journalists or press who regardless of any bounds of propriety and of decency and for their vested interests make public 9
the affairs of individual’s life which are not worthy enough. They called on courts to use the common law to safeguard some retreat from the world and to provide a legal remedy through tort 10
law against journalistic and other invasions of private life. Since then it was adopted by the US courts in defining privacy in various decisions.
Abhishek Yadav Dr. RMLNLU
7
4 Harv L Rev 193, p195
8
DD Basu, Law of Press 83, (Lexis Nexis Butterworths Wadhwa Nagpur, 5 th ed., 2010)
9
Ibid, p83
10
Harv law rev p195
