Protection of Right to Privacy with the Freedom of Media

  • Arjun Singh and Komal Shrivastava
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  • Arjun Singh

    Student at Unitedworld School of Law, Karnavati University, India

  • Komal Shrivastava

    Assistant Professor at Unitedworld School of Law, Karnavati University, India

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Abstract

The freedom of the press and the right to privacy are two fundamental rights that are critical to a democratic society. Privacy is a fundamental human right that preserves people's independence and dignity by shielding them from unlawful intervention in their personal life. On the other hand, because it encourages transparency, accountability, and the free exchange of ideas, media independence is crucial to democracy. However, when these rights intersect, conflicts often occur, particularly when someone's privacy is violated by media coverage. The rise of digital journalism, social media, and 24-hour news cycles has given media firms unprecedented access to personal data, which begs the ethical and legal limits of journalism. Well-known examples of press privacy violations, such as sensationalist reporting, unlawful data breaches, and intrusive paparazzi culture, highlight the tension between media freedom and individual rights. Courts, lawmakers, and legal experts around the world fight to reconcile these competing rights so that neither is needlessly in danger. India's robust constitutional underpinnings have led to advancements in its privacy and press freedom laws. While seminal instances such as Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) affirmed the fundamental validity of the right to privacy, Romesh Thappar v. State of Madras (1950) emphasises the significance of press freedom. Nonetheless, issues exist due to the lack of clear legal frameworks outlining the scope of these rights. This paper seeks to provide a balanced examination of the subject by investigating the moral and legal consequences of media freedom in terms of privacy protection.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 3577 - 3603

DOI: https://doij.org/10.10000/IJLMH.119461

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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