People have a right to lead a life without disturbed by others and noticed by others.
Right to Privacy
Privacy is an fundamental right of people. Everyone has the right to live their private life, without anyone intervening it.
But an all acceptance law to guarantee absolute right to privacy cannot be existing, and no where exists; if, press might not be able to function.
Even public figures and politicians have the right to live their private life without noticed by anyone.
Awareness about privacy is on the rise in the international legal environment.
United States privacy is a fundamental right. Invasion of privacy is a tort.
Indian constitution Article 21 says, “No person shall be deprived of his life or personal liberty, except according to procedure established by law.”
Article 12 of the Universal Declaration of Human Rights supports this right.
But there is no general law governing privacy. A bill was passed in Rajyasabha in 1978, giving some provisions to this right, but it lapsed with the dissolution of Loksabha that followed.
But Indian Penal Code and other Acts clearly provides punishment for defamatory, indecent, and provocatory reporting.
Mathew Commission has suggested the reintroduction of the bill in the Parliament.
Press Council of India advice journalists not to intrude or invade the privacy of an individual unless outweighed by genuine overriding public interest, not being a voyeuristic or morbid curiosity.
So, however, that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by Press and media among others.
The Press Council states that while reporting crime involving rape, abduction or kidnap of women/ females or sexual assault on children, or raising doubts and questions touching the chastity, personal character and privacy of women, the names, photographs of the victims or other particulars leading to their identity shall not be published. Minor children and infants who are the offspring of sexual abuse or ‘forcible marriage’ or illicit sexual union shall not be identified or photographed.
Further, the Press shall not tape-record anyone’s conversation without that person’s knowledge or consent, except where the recording is necessary to protect the journalist in a legal action, or for other compelling good reason.
