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MEDIA LAW (INFRINGEMENT

TO RIGHT TO PRIVACY )

NAME: SABA. SAYYED

PRN NO: 1092180009

5 TH^ YEAR BBA LLB

SEMINAR PAPER

SUBMITTED TO : PROF. KALPANA. MAAM

TOPIC: MEDIA LAW (INFRINGEMENT TO RIGHT TO PRIVACY)

INTRODUCTION

• (^) Media is regarded as a medium for expressing feelings, opinions, and views.
• (^) On the other hand, the media is essential for forming a foundation of opinions on a variety of concepts, including regional, national, and international concepts.
• (^) As a result, hundreds of people's thinking abilities are shaped by the media.
• (^) The freedom of the press is regarded as an essential component of democracy in democratic nations.
• (^) Additionally, India currently operates under four pillars.
• (^) Subsequent to ensuring Article 19 (1) (a) that is "freedom of speech and expression" has led to the fourth point of support that is "Media".
• (^) The role played by media is crucial and it works like a watchdog. The press is a source of information for individuals, so it aims to bring to light all of society's flaws by raising awareness with the intention of making changes.
• (^) According to Justice George, it is in the best interest of the people to ensure press freedom because it is the best guarantee of their freedom.
• (^) However, as common knowledge, there are two sides to every coin, and the right to press comes with the right to privacy, which may be violated.
• (^) The individual has a "privilege to privacy" which is ensured in Article 21 of the Indian Constitution.

WHAT IS RIGHT TO PRIVACY

• (^) Right to Privacy in its simple sense states that although privacy is still a young field of law theoretically, in everyday language, it can be traced back to human existence.
• (^) For any man to have the option to work and add to the general public emphatically and openly, it becomes vital that man has a bit of "personal" time. The fundamental concept behind the right to privacy is the individual's right to privacy and independence.
• (^) For this very reason man worked for himself a home and numerous different things with time. However, in recent years, it has become necessary to have additional discussions regarding the right to privacy.
• (^) On August 24, 2017, a nine-judge Supreme Court bench led by Chief Justice JS Khehar ruled that Indian citizens have a fundamental right to privacy under the Indian Constitution (primarily under Article 21 and also under Part III rights).

Impact Of Social Media On the

Right To Privacy

• Social media is basically a form of communication via the internet. Its main goal, when it came into being, was to create a virtual kinship network throughout the world. The major social networking sites are Instagram, Facebook, WhatsApp, etc. The users of these social networking sites were untroubled until the coming of the 1990s. This was when cybercrime was born.
• Believe it or not, it is us who give away our personal information online. Intentionally or unintentionally, we give away a lot of our personal information. This can be by signing up for Amazon prime, Facebook, Instagram etc. Out of the internet users, one third admit to knowing nothing about their personal information which is available online. Tons of cyber information available online has opened the gates for new legal challenges for which adequate laws are yet to be framed.
• (^) If you fail to protect your personal information from online hackers, the damage caused to you can be huge. These can range from stealing your social security benefits, filing of compensation claims using your credentials and using your names for making monetary transactions in their name to using your credentials for making fake passports, PAN cards etc. More importantly, the cases of sexual predators, cyber stalking, defamation and identity thefts have come into focus.
• It has been noted that the younger generation falls prey to such cybercrimes the most. This is because usually, they see no harm in giving out even their personal information. This is major because of their immaturity, which is easily identified by these criminal minds.
• (^) It is shocking to note that one of the largest social networking sites, Twitter, has admitted that they have scanned the contacts of all their users so that they can get more information regarding their users. Another example of this

MEDIA TRIAL

• (^) The suicide of Bollywood actor Sushant Singh Rajput is one of the worst cases have been the subject of media trials in recent times. The Media was extremely fierce that in naming different abetters for his demonstration of self destruction. Rhea Chakraborthy, an actress, was at the front lines of the firing.
• (^) She was referred to by conservative television hosts as a "manipulative" woman who "performed black magic" and "drove Sushant to suicide." She was also the target of suggestion, rumors, and misogynistic abuse. On Instagram, a Rajput fan threatened to rape her and kill her, even saying, "Commit suicide or else I will send people to kill you." On 27 August 2020, BBC News detailed that following Rajput's passing,
• (^) Chakraborty had "ended up at the focal point of a horrendous disdain crusade drove by a portion of India's most high profile columnists and web-based entertainment savages." Other people also came up with conspiracy theories and called it a murder. A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni said some reportage by Republic TV and Times Now in the aftermath of the death of actor Sushant Singh Rajput was "contemptuous". Media Trial is not only an invasion of privacy but also a threat to human dignity and life. Media gives its decision on the case prior to the court. This decision is based on popular sentiment of the masses and running such a story helps in raising the TRPs. The only thing we can possibly say about media trials is that they are carried out by media organizations that lack journalistic ethics and values, so these organizations cannot even be referred to as media.

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.