Privacy: Invasions Of Privacy By The Press - By: Balbir Singh Sooch

WHAT COULD BE THE PRIVACY IN POLITICS IN INDIA NOW?

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The Big Fight: Should Privacy Be A Fundamental Right?

PUBLISHED ON: JULY 22, 2017 | DURATION: 51 MIN, 05 SEC

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By: Balbir Singh Sooch, Advocate, Ludhiana



HIGHLIGHT:



Defences to the three new criminal offences: All three offences would be subject to defences of public right to know, for example when done to expose crime or other wrongdoing, and of lawful authority.



Privacy: Invasions Of Privacy By The Press: Balbir Singh Sooch vaguely concluded the delicate issue as under:



The Calcutt Committee Report 1990: The Government warmly welcome the general approach which the committee has taken in its report on the delicate issue of balancing privacy for the individual against the maintenance of freedom of expression.



The committee asserts that, in general, freedom of expression should take precedence over protection of privacy and that where such protection is necessary it is best provided through specific, targeted remedies. It rejects the introduction of a statutory right of reply and concludes that the case for a statutory tort of infringement of privacy has not so far been made out.



The report recommends three new criminal offences:

1. Of trespass on private property to obtain personal information for publication;

2. Of planting a surveillance device on private property to secure information for publication;

3. And of taking a photograph, or recording the voice, of someone on private property for publication and with the intention that he should be identifiable-certain.

(Defences to the three new criminal offences: All three offences would be subject to defences of public right to know, for example when done to expose crime or other wrongdoing, and of lawful authority).

The Extract Courtesy by: The Calcutt Committee Report 1990

In addition to above:

4. An unqualified right of privacy seems unknown in English law.

5. Net result can be said “…….failure of both common law and statute to protect the personal privacy of individuals” Balbir Singh Sooch observed.

6. PRIVACY: Not defined by statute; seems to refer to an individual’s personal seclusion: the state of being apart from other people and not seen, heard, or disturbed by them; shut the door so we can have some privacy.

7. Privacy-solitude, time alone, space to yourself, seclusion: the state of being apart from other people and not seen, heard, or disturbed by them; shut the door so we can have some privacy isolation, retreat confidentially, discretion, secrecy; Freedom from attention of others: freedom from the observation, intrusion, or attention of others; If you seek celebrity, you must sacrifice privacy; Hidden Condition: the state of being kept secret.

By:

Balbir Singh Sooch, Advocate, Ludhiana-Sikh Vichar Manch

Posted on Jul 27, 17 | 7:20 am