PRIVACY AND ELECTRONIC MEDIA

The whole world is in fast development of in communication technology & application of the
internet. Electronic media is the new concept that used by companies to reach the maximum E-
consumer. The ways of communicating information that there electronic medium rather than
using paper, for example, television & internet.1

In fact, the electronic media is a technological and corporate agent organizations involved in the
formulation, selection, processing and distribution of messages they are produced as fast and in
quantity as possible only with an electronic product ways. Electronic media is a common source
of public money social interaction (Goel, 2009). Gould and Kolb (1964) described social media
technically as all human diversity communication channels for messaging or visual or both
directly to viewers. Combined with electronic media, television, radio and the Internet.

Right to information & right to communicate the information through media is envisaged under
article 19 (1) (a), to guaranteeing the freedom of speech and expression, guarantees the right to
receive the information on matters concerning public interest. It ‘s the right to freedom of speech
and expression that gives the media the right to publish any information. Reasonable restrictions
on the exercise of the right may be imposed by the State to serve the sovereignty and the
integrity of the State, State security, friendly relations with outsiders, social order, respect or
morality, or in relation to contempt of court. Article 21 of the Constitution provides, “No person
shall be deprived of his life or personal liberty except the procedure established by law.”

In the case, R. Rajagopal vs State of Tamil Nadu2 who had been sentenced to life in prison for
killing six people - in his autobiography book he revealed his relationship with several police
officers. The Supreme Court, in dealing with the issue of privacy, noted that the right to privacy
included the right to life and liberty guaranteed by the citizens of that country under Article 21. It
is a “right to be left alone.” A citizen has the right to protect his or her privacy, family, marriage,
birth, child-bearing and education among other matters. “Publication of any person without the
consent of that person, will be liable under right to privacy” the exception is, when a person
voluntarily invites the some kind of controversy or any kind of publication based on public
records, there’s no violation of right to privacy.
1
dictionary.cambridge.org
2
1995 AIR 264, 1994 SCC (6) 632
For instance, in the case of Jessica Lal’s murder case, the media is proud to have acted as a
champion of justice. The media in this case blocked public opinion about the accused and
charged him even though the trial court was suing the suspect. The media has a responsibility to
administer justice and to ensure that the perpetrators are punished, to light candles and to vote in
the case. The defendant’s previous history was recorded by the media, including photographs of
the suspects in a rich bookstore and the town’s publishing houses were published after he was
convicted. Manu sharma’s photos in the pubs insinuated how he was celebrating after his
acquittal. The Apex court ruled that freedom of speech should be exercised with utmost care to
avoid interference in the administration of justice. If media trials prevent unfair investigations
and discriminate against the right to protect a suspect it would be a violation of justice. The court
noted that the media should not function as a court organization.3

The Juvenile Justice (care and protection of children) Act stipulates that the media must not
disclose the names, addresses or schools of children in conflict with the law or that of a child in
need of care and protection, which will result in their identification. The exception, to
identification of juvenile or child in need care of full protection. And, The media is not allowed
to disclose the child’s identity in such cases.4 Similarly, on the convention of rights of the child
(CRC) stipulates that, no child will subjected to arbitrary or unlawful interference with his/her,
family, privacy or correspondence, nor to unlawful attacks on his or her privacy and reputation.
The child has the full right to the protection of law under such interference or attack. But, almost
all media print & electronic media failed to follow these guidelines.

Section 228A of Indian Penal Code 1860, defines that disclosure of the name of rape survivor is
punishable. In the Arushi Talwar murder case & rape of international student studying at Tata
Institute of Social Sciences (TISS) the media totally compromise with privacy & besmirched the
character of dead person. In this case media did not even mention the girl’s name, but revealed
the name of the university and the course she was pursuing, which contradicts PCI principles. In
addition to disclosing people’s names, PCI practices clearly state that visual representation in
times of personal grief should be avoided. In the case, media repeatedly violated the practice.

3
MANU/SC/0268/2010
4
cara.nic.in
PCI methods set guidelines for reporting cases and avoiding trial by media. PCI warns journalists
not to expose victims, witnesses, suspects and suspects as that would be tantamount to attacking
privacy. Similarly, the identification of witnesses can put the lives of witnesses in danger and
force them to protest. Zaheera Sheikh, a key witness in the Gujarat Best Bakery case, has been
the victim of excessive media and sensitivity. His hostile turn has invited an equal amount of
media speculation and outrage. His excessive media exposure may have put his life in danger.
Instead, focusing on the unavailability of a witness protection program in the country, the media
focused on twist and turn of conflicting statements of the 19-year-old. The right of the accused
and privacy of accused is recognized by PCI to guard against the trail by media.5

The right to privacy in India has failed to achieve the status of a complete right. The right
compared to other competing rights, such as the right to freedom of speech and expression, the
State's right to impose restrictions on State security and security, and the right to information, are
easily revoked. The exception of right to privacy, such as, the excess of public interest, the
security and safety of the State, apply in many countries. However, as the paper shows,
unwanted privacy attacks by the media are widespread.

Indian media violates the privacy in daily reporting, such as ignoring the issue of privacy to
satisfy curiosity. PCI practices prohibit such reporting, unless it is exceeded in excess of 'public
interest'. Almost all of the above countries prohibit the publishing of information that could harm
the feelings of the victim or his or her family. Unlike in the UK, where the PCC can bypass
refusal orders, in India the family and / or relatives of the victims are disgusted by the media.

The right to privacy is not positive right. It only takes effect in the event of a breach of the
privacy. India's privacy law emerged primarily through judicial intervention. Failed to keep pace
with technological advancement and the growth of 24/7 electronic media. The prevalent right to
privacy is easily affected by other competing rights of ‘public good’, ‘public interest’ and ‘state
security’, much of what constitutes public interest or what is private is left to the discretion of the
media.

5
presscouncil.nic.in