Need To Frame Guidelines To Protect Journalists’ Digital Privacy: SC

Relevance: GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation. Important aspects of governance, transparency and accountability,

(Source: The Hindu, 11/08/2023)

Click here for Daily Current Affairs

Why in the news?

• Recently, the Supreme Court highlighted the need for guidelines to protect the privacy of journalists when their personal digital devices are seized by Central agencies.
• The Supreme Court had ruled in the K.S. Puttaswamy v. Union of India verdict in 2017 that the right to privacy was a fundamental and inalienable right.

What was the petition before the Supreme Court?

• The Foundation for Media Professionals filed a petition before the Supreme Court claiming that journalists were being harassed and that their digital devices containing private information were being seized.
  • This had affected them in multiple ways even impairing their ability to pay their children’s school fees.
  • They also expressed concern that it could be used to extract confidential information about their sources.
• Petitioners claimed that the digital devices of more than hundreds of journalists had been seized.
  • However, there was a lack of adequate guidelines about what could be seized or accessed, and what kind of protection is ensured for personal data, health data, financial data, etc.
• The petitioners claimed that the case was about state power versus an individual’s privilege.
  • They also claimed that investigative agencies forced people under investigation to forcibly provide a password or biometric that would not be allowed under the compelled test under Article 20.

What has the Supreme Court said on digital privacy of journalists?

• A bench of Supreme Court Justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed that the government should frame guidelines to protect the digital privacy of journalists.
• The Court disagreed with the Additional Solicitor-General’s claim that the petitioners desired a virtual shut out of investigative agencies.
  • The ASG was directed to report the progress made by the government on the guidelines at the next hearing.
• The Court highlighted the need for a balanced approach in order to protect the interests of media professionals.
• It emphasized that investigative agencies could not be given complete freedom and powers to seize the personal digital devices of citizens.
  • It stated that the court itself would have to frame the guidelines if they were not framed by the government.
• It also observed that state power must not be used to squash individual rights of citizens.
• The bench also reiterated that the right to privacy was a fundamental and inalienable right as per the verdict of the Supreme Court in the K.S. Puttaswamy v. Union of India case (2017).

Press Freedom in India

• Press freedom is a fundamental principle under which journalists and media organizations can operate without censorship or government interference.
• It is an essential aspect of a democratic society and the principle of the freedom of expression.
• It covers the following areas:
• Freedom from Censorship: Journalists and media outlets must be able to publish or broadcast news and information without government-imposed censorship.
• Access to Information: A free press should have access to information and sources to investigate and report on matters of public interest.
• Independence: Editorial independence ensures that news reporting is based on facts and not influenced by outside interests.
• Protection of Sources: Journalists should be able to protect their sources to encourage whistleblowers and informants to come forward with information without fear of exposure or reprisal.
• Pluralism and Diversity: A free press should encompass a diverse range of viewpoints and opinions, allowing for open debate and discussion in society.
• Accountability: The media should hold those in power accountable by investigating and reporting on their actions and decisions.
• Constitutional Background: Although freedom of the ress is not explicitly mentioned in the Constitution, it is provided under Article 19(1)(a).
• Article 19 of the Universal Declaration of Human Rights also guarantees the right to freedom of opinion and expression.
  • Status of Press Freedom in India:
  • In 2023, India ranked 161st among the 180 countries with a score of 36.62 out of 100. In 2022, India’s rank was 150.

What is the Importance of a Free Press for India?

• Democracy and Accountability: Unless journalists are allowed to freely investigate and report on government actions, policies, and decisions, they will be unable to fulfill their role as the Fourth Estate and hold officials accountable for their actions.
  • It promotes transparency and accountability in governance as it helps uncover corruption, human rights abuses, and other wrongdoing, making it difficult for those in authority to act with impunity.
  • A free press acts as a check on the abuse of power by the government and other powerful entities
• Public awareness: Free and unrestricted journalism enables citizens to stay informed of current events, government activities, and societal issues.
  • This will help them participate actively in the democratic process.
• Encourages diversity: A free press provides a platform for diverse voices and viewpoints and ensures that the concerns of various communities are heard.
• Protection of Fundamental Rights: A free press is a guardian of fundamental rights, including the right to freedom of expression and the right to know. It helps protect these rights by advocating for the rights of individuals and groups.
• Global reputation: India's reputation on the global stage can be improved through its commitment to press freedom as it demonstrates the country’s commitment to democratic values and human rights.

(*Click this link to read prelims specific weekly current affairs articles)

FAQs

MCQs

Question: ‘Right to Privacy’ protected under which Article of the constitution of India? (UPSC CSE 2021)

(a) Article 15

(b) Article 19

(c) Article 21

(d) Article 29

Question: Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (UPSC 2018)

(a) Article 14 and the provisions under the 42nd Amendment to the Constitution

(b) Article 17 and the Directive Principles of State Policy in Part IV

(c) Article 21 and the freedoms guaranteed in Part. III

(d) Article 24 and the provisions under the 44th Amendment to the Constitution