4th Year Student of Law,
Symbiosis Law School (SLS), Pune
It is often said that freedom of the press is not just important to democracy, it is democracy. The scheme of the Indian Constitution guarantees certain fundamental rights which are inviolable in nature and certain fundamental rights which have certain limitations. One such fundamental right is related to Freedom of Speech & Expression as enshrined under Article 19 of the Constitution. It is needless to mention that it is one of the most important limbs of our constitution but we cannot lost sight of the fact that the reasonable restrictions which are inserted to this Article should be honored at all cost. The other statues and legislations which have been enacted have kept this as a deep consideration of the fact that the reasonable restrictions which are mentioned under Article 19 should be obligated and one such classic example is Section 228 A of IPC which clearly says that it is not allowed for any person to publish about the identity of the victims of certain crimes as mentioned under this section. This piece of work is an attempt to holistically examine the right to privacy of an individual who without giving his consent has became a part of acts like sting operations where his right to privacy has been violated and how to strike a balance where one can give primacy to the rights of an individual and also the free and unbiased media reporting can be done. This work is expected to enhance the knowledge of the readers of laws related to free speech and laws governing media, and author is very hopeful that it will contribute towards further research.
Keywords: Free Speech, Media, Constitution, Penal Code, Trial