Relation between Freedom of Press and Right to Privacy

Everybody knows that Freedom of speech and expression is one of the important pillars of democracy. Free expression is essential to unadulterated exchange of thoughts and ideas needed to regulate the democratic machinery in India. These free thoughts lead to ideas that formulate public policy. There is need for free expression so as to build political stability and check abuse of power by public officials.

The Constitution of India does not provide freedom for media separately. It gets derived from Article 19(1) (a). This Article guarantees freedom of speech and expression. Restrictions on the exercise of the freedom of expression are found in Article 19(2) that can be enforced by the State and are in the interests of sovereignty and integrity of the State, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.

The Right to Privacy were drive from Article 21. The Supreme Court has asserted that Art. 21 is the heart of the Fundamental Rights. The constitution in specific doesn’t grant any right to privacy as such. A nine-judge bench of the Supreme Court headed by chief justice JS Khehar, ruled on August 24, 2017. That the Right to Privacy is a fundamental right for the Indian Citizens under the constitution of India.

When considering the right of freedom of expression and the right to privacy, the freedom of expression has been seen by certain people as a counter to the right to privacy of the person whose information is being disclosed by the other party, it is interesting to note that the right to privacy was actually derived in part from the right to freedom of speech. Privacy is a broad term, encompassing within its various aspects of individual life such as privacy from press, unreasonable government surveillance etc. Those journalists or press, who regardless of any bounds of propriety and of decency and for their vested interests make public the affairs of individual’s life. In India, the term privacy refers to use and disclosure of personal information and is only applicable specifically to individuals. Since personal information is manifestation of an individual personality.    

CASE: Kharak Singh vs Uttar Pradesh 

The right to privacy was invoked in this case to challenge the surveillance of an accused person by the police. Kharak Singh was arrested for violent robbery as part of an armed gang in 1941, but was released due to a lack of evidence. Based on these provisions, the police would often visit Singh’s house at odd hours, waking him up when he was sleeping. it violated his fundamental rights under Article 19(1)(d) and Article 21. The 6-judge bench held that domiciliary visits at night was unconstitutional, but upheld the rest of the Regulations. More importantly, the bench held that the right of privacy is not a guaranteed right under the Constitution.