“JOURNALISTS RIGHT TO

CONFIDENTIALITY OF THEIR SOURCE: A

CRITICAL STUDY”
CHAPTER-1: INTRODUCTION…..

1.1 OVERVIEW
1.1.1 Definition of Journalist in the Indian context
1.1.2 Definition of Journalist in other countries
1.1.3 Comparison of Journalist Definitions
1.1.4 Definition of Confidential sources
1.1.5 Importance of protecting confidential sources
1.1.6 The legislative frameworks for protecting confidential sources
1.1.7 The role plying of Journalist in Democracy
1.1.8 Current status of the right to use and protect confidential sources in India
1.1.9 The protection of Journalist under Indian Law
1.1.10 Challenges faced by Journalist in India
1.1.11 Freedom of press in democratic society
1.1.12 Democracy and press freedom
1.1.13 The role of the press in India
1.1.14 The need for a law to protect confidential sources
1.2 “Statement of problem”
1.3 “Objective of the study”
1.4 “Hypothesis”
1.5 Research Question
1.6 Literature Review
1.7 “Research Methodology”
1.8 Chapterzation

CHAPTER-2: THE INDIAN CONTEXT FOR QUALITY IN JOURNALISM

2.1 Before India gained independence, the history of freedom media in the country
can be traced back

2.1.1 The beginning of the Indian Media

2.2 Early 19th century newspapers

2.3 The emergence of vernacular press in India marked the beginning of regional
language newspaper in the country
 2.4 Position of After 1900

2.5 The condition of journalism in contemporary India

CHAPTER-: LEGAL FRAMEWORK (MEDIA FREEDOM)

3.1 Pressure from law enforcement agencies and court to reveal sources

3.1.1 Case study

3.1.2 Impact on press freedom

3.1.3 Challenges faced by journalist

3.1.4 Writ petition filed by journalist against police for forcing to disclose sources in
India

3.2 Ambiguity in Indian evidence act, regarding the issue of confidential sources

3.3 Contempt of court and other legal consequence for journalist who refuse to disclose
sources

3.3.1 Position of the US and UK on court contempt related to journalist right

3.4 Press council act 1978 in the “protection of confidentiality of sources of journalist”

3.4.1The 93rd Law commission report

3.5 Right to information act

3.5.1 The protection of information in journalism bill, 2011

3.5.2 Censorship over right to protection of journalist’s right related to

confidentiality in India

3.5.3First press regulation act in India

CHAPTER-4: JOURNALIST RIGHT TO CONFIDENTIALITY OF THEIR

SOURCES: JUDICIAL RESPONSE IN INDIA

4.1 Approach of Indian courts regarding the journalist right to confidentiality and
their source
 4.2Analysisof the cases which is refered in this, how courts deals with

4.3 S.C, H.C have indeed issued conflicting judgments regarding the protection of
journalist rights concerning confidential sources

CHAPTER-5: “PRIVICY OF EVERYPERSON AND PROTECTION OF MEDIA

PRESS

5.1 Indian’s constitution explicitly recognises press freedom

5.1.1 The Indian constitution’s preamble guarantees the rights of journalist

5.1.2 The significance of free speech, expression, and the press

5.1.3 Restrictions on press and media freedom

5.2 Importance of investigative journalism in a democratic society

5.2.1 Role of confidential sources in investigative journalism

5.3 Ethical challenges in journalism regarding sources protection while preserving

objectivity and reliability

5.4 Challenges faced by journalist with some (case study)

5.5 Rights to remain silent connection with journalist right to protect confidential
sources in India

5.6 Right to privacy how related to rights of journalist and confidential sources

5.6.1 Judgments of the Indian HC on this issue of protection of journalist sources

right

5.6.2 Can the new data protection bill in India potentially compel journalist to
disclose their sources

CHAPTER-6: INTERNATIONAL STANDARD ON JOURNALIST RIGHT TO

PROTECTCONFIDENTAILSOURCES

6.1 International recognition of protection of sources

6.1.1 Defining protection of journalist’s sources

 6.1.2 Why it’s important for the media to protect sources

6.1.3 The efforts of lack of sources protection

6.1.4 United Nation

6.1.5 International criminal tribunal

6.1.6 Council of Europe

6.2 Human rights courts in Europe

6.2.1 European organisation for security and cooperation

6.2.2 State organisation of America

6.2.3 Laws that provides absolute protection

6.3 Who is Journalists?

CHAPTER-7: CONCLUSION & SUGGESTATION

7.1 Conclusion

7.2 Suggestion

Bibliography

CHAPTER-:1

INTRODUCTION
1.1 OVERVIEW

Journalism plays a critical role in democratic society by giving and providing

citizens information’s which are necessary for them and also that informed decisions
make them eligible to make their own decision regarding anything in county. A aspect
which are critical in nature this is the ability of journalist to use and protect confidential
sources. The main thing is that this right is not provided for them and in different
countries different laws deal with this it vary.

Journalist rights to use and protect sources which are confidential and a crucial
issue in modern journalism. It has become an integral part of the freedom which are taken
by press and also journalist right to use confidential sources is essential for investigative
reporting and. However, for safety of confidential sources and direction of justice.1

Journalists to use and protect confidential sources, providing different legal

frameworks that exist across various countries. The paper will begin by defining the
concept of confidential sources and the importance of protecting them in journalism. It
will then explore the different legal frameworks and practices surrounding the protection
of confidential sources in nations.
Definition of Journalist in the Indian Context:
In l India, a journalist is defined as someone who collects and disseminates news and
l through various media channels such as print, broadcast, and digital media. Journalist
stands someone who is involved in this.
1.1.1 Definition of Journalist in Other Countries:
The definition of g a journalist varies cultural, social factors. In the US, a person who
is journalist is defined as somebody who gathers, writes, and reports news for a news
organization or as an independent writer. To be recognized as a journalist, one does not
require any formal education or training, although many universities offer journalism
programs. The role of a journalist in the US is to arrange info for the public is accurate,
fair, and impartial.
In the United Kingdom, a journalist m is defined as someone who collects, writes, and
presents news and information to the public. To be recognized as a journalist, one must
have a degree or diploma in journalism or relevant work experience.
1
Journalism and confidential sources right, available
at:https://www.sentinelassam.com/editorial/journalism-and-confidentiality-of-source-572362#:~:text=No
%20law%20gives%20protection%20to,Court%20to%20reveal%20its%20sources (visited on June 20,
2023)
 In France, a journalist is defined as someone who gathers, investigates, and
disseminates news and information through various media channels. To be recognized as
a journalist, one must have a degree or diploma in journalism or relevant work
experience.
In China, a journalist is defined as someone who collects edits, and reports news and
information through various media channels. To be recognized as a journalist, one must
obtain a degree or diploma in journalism from a recognized institution. However,
journalism in China is often heavily censored and controlled by the government, leading
to the dissemination of propaganda or biased information.2
1.1.2Comparison of Journalist Definitions:
The definitions of a journalist in different countries reflect the cultural, legal, and
social factors that shape journalism in each country. While the roles and responsibilities
of journalists may be similar across countries, the requirements and expectations for
becoming a journalist can vary widely.
For example, in India, a journalist must have a degree or diploma in journalism or
relevant work experience to be recognized as a journalist. In contrast, in the US, one does
not require any formal education or training to be recognized as a journalist.
Similarly, while the role of a journalist is to arrange accurate well as impartial
knowledge and news to the public, the extent to this is possible can vary widely
depending on the political and commercial interests that shape journalism in each country
1.1.3 Defining Confidential Sources:
Confidential sources refer to individuals who provide information will not be revealed.
They are often insiders or whistle-blowers. This play very great role in democratic society
by providing important information to people in countries.
1.1.4 Importance of Protecting Confidential Sources:
The safety and security of confidential that is sources which is essential and that is for
the freedom and for the press and also for the rights which are for the public right that
should they know. It allows Medias to investigate and report which are interest that
should not be fear of punishment. Capacity of the journalists to protect sources which are
their and vital to the able flow of evidence and the working of a democratic people.
However, the safety of confidential sources can also come, government which are their
own our national security or to aid investigation a crime. This raises important legal and

2
Definition of Journalist in other countries, available at https://sprf.in/laws-for-journalists-in-india-an-
overview/ (last visited on June 20 2023)
ethical questions about the stability between the nation's right to know and the need to
safeguard nationwide safety and the government of justice.3
1.1.5 The legislative frameworks for protecting confidential sources
Legal frameworks for protecting confidential sources vary across different countries.
The court which is Supreme has recognized the prominence of the safety of confidential
sources in several landmark cases, Court said, but this privilege is not complete and might
be overcome in some situations, such as when there is a convincing national security
importance or when information which is necessary.
In Europe, confidential and for protection is primarily which based on which protects
the right which is related to which are rights important. “Protecting confidential sources
several cases of confidential which are sources are essential part of the press and their
freedom ,
In Australia, a source which are confidential and that should be protected is primarily
based on common law principles, rather than statutory law. Court of Australia which is
High court has recognized the importance of protecting confidential sources in several
cases, R v. Commonwealth; ex parte Fairfax4”. In these cases, the Court held this.
In India Journalists are considered as the pillar which is known as fourth of democracy
as they play a essential role. That may be sensitive or classified. However, the use and
protection of confidential sources have been a topic of debate in India. This explains
rights related to journalist and confidential sources and their protection.5
1.1.6 The role plying of Journalists in Democracy
Journalist is the watchdogs of democracy. They play a crucial role in providing
information to the public that holds those in power accountable. Journalist have the power
to expose corruption, hold public officials accountable, and also for making informed
decision to the public they provide information. for the good governance and government
work good in country they are playing very much important role.
A democratic nation informs, instruct, and amuse the public in a fair, impartial,
accurate, and equitable manner. Additionally, it needs to support civil liberties and
individual freedoms. Only if democratic media could look into, examine, and hold both

3
Definition and importance of protecting confidential sources available at https://www.mtsu.edu/first-
amendment/articconfidential-sources ( last visited on 21 June 2023)
4
[2002] QCA 228
5
Legal framework of Journalist available at https://www.coe.int/en/web/freedosafety-of-journalists ( last
visited at June 21 2023)
money and power to the ideal of greater common good would it be able to justify its
existence as the fourth estate. Their initial reaction should be scepticism.

Though journalists enjoy more freedom when compared to other professions,

there are some restrictions like availability of resources that result from a
shortage of time and fund, editors and their expectations that approve or
disapprove the newsworthiness and may defer in the angle of a story. In addition,
the marketing department that follow a advertisers’ friendly/ subscribers’ friendly
policies and a localization policy which also vary from an organization to the
next, public journalism in which news consumers’ news selection is given
priority, presence of news consultants who monitor the kinds of stories, and the
lawsuits that are potential may arise from investigative stories also play their
roles in curtailing freedom of a journalist.

When news sources seek to withhold information from the public, journalists must
ensure their secrecy. This could be as a result of worries about job loss, physical
harm, or reputational damage. Journalists make concessions in order to meet these
objectives in the pursuit of stories. Stories from unnamed sources that accuse
someone of moral or legal misbehavior could be found in contempt of court. In other
words, a journalist is only as good as the information he or she has.6
Journalists have the right to use confidential sources to obtain information that may be
sensitive or classified. However, the use and protection of confidential sources have been
a topic of debate in India.
1.1.8 The present condition regarding the right to utilize and safeguard confidential
sources in India.
Journalist and their right to protect sources which are confidential is not given
in laws which is in India. However, it has recognized the reputation of protecting
journalists' sources in several cases. Landmark case of in“R. Rajagopal’s7 case
said that information of report and also import including in rights of constitutional
expression and right and also right to gather news." further "the identity of the
informant is as much a part of the material as the information supplied by him."
This case recognized the reputation of protecting the identity of sources which are
confidential and sources.
6
Role journalist in democracy available at https://brilliantio.com/why-is-journalism-important/ (last visited
on June 21 2023)
7
AIR 1995 SC 264, (1994) 6 SCC 632
 In another cases, Indian Court which is Court which is supreme said that the person is
in media and they can distribute facts that is of public awareness. Know and the press is
entitled to communicate information which it considers."
1.1.9 The legal provisions in India that safeguard the rights and safety of journalists.
Journalists are protected under several laws our country “PCI 1978”, this laws
is starting for the protection of journalist and their confidential sources.
IT Act is come in a country for the protection of journalist through this easily things
will be protected in this country.
Rules state that "journalistic conduct must be based on fairness, objectivity and
impartiality and shall not be influenced by political or commercial interests." The rules
also state that intermediaries, which include social media platforms, must protect the
privacy of users, including journalists.
1.1.10 Challenges Tackled by Presses in India
Despite the protections, journalists in India face several challenges once it arises to the
use and safety of confidential and their sources. One of main challenges is threat of
violence and intimidation by those in power. Journalists who start reporting on sensitive
issues, such as bribery, rights of human and violations, or religious conflicts, are often
threatened or attacked.
India not having law which safeguard whistle-blowers. Whistle-blowers who come
forward with information on corruption or malpractice are often subject to harassment,
intimidation, or retaliation. This makes it difficult for journalists to obtain information
from whistle blowers, as they are often reluctant to come forward.
Moreover, journalists in India often face legal action for reporting on sensitive issues.
Several legal things, such as the “Official Secrets , 1923, and the Unlawful laws 1967”,
are often used to silence journalists who report on issues that are embarrassing or
inconvenient for the government. This makes it difficult for journalists to obtain
information from confidential sources, as they fear that their sources may be subject to
legal action.
Furthermore, journalists in India often face financial pressure from media
organizations. Many media organizations are owned by large corporations or political
parties, which may influence the editorial content of the news. This can make it difficult
for journalists to report on sensitive issues, as they may face pressure to avoid reporting
on issues that may be critical of the owners of the media organization.8
1.1.11 Freedom of press in democratic society
Press freedom is a necessary element of any self-governing society. It refers to the
journalist and their right report off matters of community attention. In democratic
societies, this article, we will examine press freedom in democratic societies, with a
particular focus on India.
1.1.12 Democracy and Press Freedom
In a India which is democratic, freedom of person who is working in press is. Without a
free press, citizens may not having right to use to accurate information about everything
in Country is doing or how it is affecting their lives. This lack of facts can prime to
confusion, misrepresentation, and even the influence of public opinion.
In democratic societies, the press is often the first line of defense against corruption,
abuse of power, and other malfeasance by government officials. Without a free press,
those in authority would be competent to act with liberty, leading to a breakdown of
democratic institutions.
1.1.13 the Role of the Press in India
In this country population is very much and it a country which is known as democratic
country and in this lots of different kind of magazines, newspaper, news reports are
available for the people of country through which they update daily.
However, India's press freedom has come under increasing scrutiny in recent years
One of the main challenges facing the Indian media is government censorship. The Indian
government has a long history of censoring the media, with censorship often taking the
form of legal action against journalists and media outlets. For example, in 2020, the
Indian government used the (UAPA) to arrest a journalist named Siddique Kappan for
reporting on the Hathras gang rape case. Kappan was charged with sedition, among other
offenses, and remains in jail9.
Another issue facing the Indian media is the threat of physical violence. Journalists in
India face a significant risk of violence, with attacks often carried out by supporters of
political parties or other vested interests. For example, in 2017, the journalist “Gauri
8
Challenges face by journalist in India available at https://blog.ipleaders.in/challenges-facedmedia-laws-
ethics/ ( last visited on June 21 2023)
9
Editorial “ Hathras gang rape” India today, Mar 2, 2023 20:10 IST
Lankesh” was shot and killed outdoor her home in Bangalore. Lankesh stayed known for
her criticism.

The situation for journalists in India has only become more challenging in recent
years. a drop of two places from the previous year. This low ranking is due in part to the
government's crackdown on the media, as well as the rise of online harassment and
threats against journalists.

1.1.14 the Need for a Law to Protect Confidential Sources

Missing of those laws which defend confidential sources that is important, significant
challenge faced by journalists in India. A law that identifies the right of Medias to use and
defend private sources can help ensure that journalists can obtain accurate information
without fear of retaliation. Such a law can also help protect whistleblowers who come
forward with information on corruption or malpractice.
India needs a law that identifies the right of presses, media person and the person
who provide information to use and safeguard confidential sources. Such a law can
provide legal protection for journalists who rely on confidential sources to obtain accurate
information. It can also help ensure that whistle-blowers are protected from retaliation for
coming forward with information on corruption or malpractice.
The journalist and their right to use and protect confidential bases. Journalists are
crucial exact and unbiased for all. However, journalists in India face several challenges
once it originates to the use and security of confidential sources. The lack of legal
protection for whistleblowers and the threat of violence and intimidation information
from confidential sources. India needs a law that distinguishes right and safety remedy
journalists to use and safeguard confidential sources to ensure that medias can obtain
accurate information without fear of retaliation.
Privacy, right is also important not only for the people but for those person also who
provide a valid information to all.to many legal battles recent years, mostly in the setting
of the data for identification purposes, the state, and the safety of private data. However,
it is also has a significant impact.
Journalists have a crucial part to play in a self-governing society. They act as a
watchdog of the government and other powerful entities and provide citizens .However,
journalists cannot perform this role effectively if they are unable to safeguard the identity
of sources.
 Confidentiality of sources is a cornerstone of journalistic morals. Anonymous facts that
is in the public concern but may be sensitive or even dangerous to those who provide it.
The capability to identity of this is essential for ensuring that whistleblowers and other
sources are willing to come forward with information that can expose wrongdoing.
Privacy has a significant impact on the ability of to safeguard the important part and
their sources. Privacy is not an completely given and that also can be restricted for many
reason which is important for nations , can be nationwide security, community order, and
the deterrence of crime.
In perspective journalism, any restriction on the rights and the privacy necessarily be
balanced against the freedom and rights the public's can access information. EUCOH
recognized for safe of them.. Therefore, can be limit confidentiality must be topic to strict
inspection by the courts.
After a major case which related to the privacy of individual identity that is plying
good role in country in a important right for the every person in this country and in this
press and journalist also included10” Art 21 provides this important right for all now no
one can infringes the privacy right of individual.
In India, safeguard and their sources is not explicitly recognized under any law.
However, the court which is court which is supreme has recognized journalistic sources
“State of Maharashtra v. Rajendra J. Gandhi11,” after this case it is the law by court that
unless public interest is not involved no need have press to reveal their sources12.
Privacy of which imp. Persons of press works rely on confidential sources to obtain
facts that are in the community interest but may be sensitive or confidential. The
protection of these sources is without fear of retaliation or intimidation. However, the
safety of the confidentiality and their sources is often in conflict with the interests of the
state.
Privacy and right India significant implications for the safety of the confidentiality and
their sources and the rights of journalists. And the privacy and right that is fundamental
as well as that means anyone must a controlling right their private news, including
information that they share with others. This right has significant implications for the
safeguard of the confidentiality and their sources.

10
K.S. Puttaswamy ) v. Uoi (2017) 10 SCC 1, AIR 2017 SC 4161
11
1997), 8 SCC 386
12
State of Maharashtra v. Rajendra J. Gandhi
 Previous, Indian state has used various legal provisions, such as the to target journalists
and their sources. These laws must prosecute journalists who have distributed info that is
deemed sensitive or confidential. acknowledgement of and which is a right that is
fundamental provides a new lawful framework for the safety of the confidentiality their
sources13.
One significant implication of the right and their privacy. The court which is Supreme
Court has said that any limit necessarily be controlling to valid aim of the restriction.
Principle is essential for the safeguard of the confidentiality and their sources because it
means that any limit on the right necessarily be protect a legitimate interest. This
requirement of proportionality means that the state cannot use broad and vague laws to
target journalists and their sources.
Privacy right has implications the state. Court who is has said that the privacy and
right comprises the informational that is right self-determination, which means that
anyone can control right the use of their individual information. This principle is essential
for the because it means that the state cannot use surveillance technologies to monitor
journalists and their sources without a legitimate reason.
The privacy right has implications for the safeguard of journalists from corporeal harm
and intimidation. Court who is known as S.C has said that the privacy and this right
contain autonomy over body. This principle means that journalists have the right and also
free from bodily harm and intimidation. State has an obligation to protect journalists from
physical harm and intimidation, and any interference with this right necessarily is
proportional to the valid aim of the interference14.
However, the implementation of the privacy right which is in India. The government
has been looking for its efforts to curtail online privacy and for its use of surveillance
technologies to monitor citizens. “The government's approach to the right to privacy has
been seen as inconsistent with the principles established by Court who is supreme in the
Puttaswamy judgment.”
The balance between speech which is free and that is privacy also has been the subject
of several landmark judgments of the Court which is, including the. In this case, the court
which is supreme invalid Section 66A of the IT act, which can impose charge the use of
the internet to send offensive messages.15”.

13
“Official Secrets Act and the Unlawful Activities (Prevention) Act
14
“Right to Information Act. The Right to Information Act
15
Shreya Singhal v. Union of India2015
 Free speech is also relevant to the “protection of journalists' rights under the IT act.
The gives disclosure of information in the public interest, but it also contains several
exemptions that limit its effectiveness”. The exemptions include information,
investigation, and prosecution of an offense. These exemptions can be used by the state to
restrict the discovery of info that is in the community interest.
My dissertation will undertake an analysis which is compare of the legal protections
for right to use and safeguard confidential sources of the person who is working in media
in nations. Specifically, it will examine the legal frameworks India, US Canada, the UK
Australia, by analysing similarities and differences in these frameworks; this dissertation
aims to provide insights into the strengths and weaknesses of different approaches to
protecting this crucial right.
Ultimately, this dissertation seeks to contribute to the on-going discussion around the
safeguard of self-governing in press freedom societies and privacy right India how affect
rights of journalist regarding confidentiality of sources and their protection. It is hoped
that the findings of this research will help inform policymakers, journalists, and there
stakeholders as hey work to strengthen journalists use and protect confidential their
sources.16
1.2 STATEMENT OF THE PROBLEM
Main problem of Indian laws which relate to journalist right that is connected with
the confidential sources protection, no any kind of laws which directly deal with this
issue. Day by day crimes which happen with the media persons in this country is not good
for the whole country. Somehow they are working for the country betterment.

There is a protection j of laws which deals with the media person and journalist that is
given in Indian constitution Article 19 which gives the h rights of press freedom of press
after that also they are not getting any protection right which helps them for the safety k
and security of the sources which are k confidential in nature.

The main thing is that in India no any exact and specific laws which deal with this
problem and protect the confidential sources of journalist. Without the specific laws
journalist faced many problems like physical and mental harm not only to them self but to
their family also which face lots of problem because of this they get harm also.
16
The Need for a Law to Protect Confidential Sources available at https://www.sabrangindia.in/article/do-
journalistic-sources-need-protection ( visited on June 21 2023)
My dissertations will examine the lawful background which deals with the protection of
confidential sources in India and what are the problem which face by the media persons
and journalist and also what kind of problem which they faced during not revelling their
confidential sources and also the discuss the need of laws which deals with this crucial
issue in India which is increasing day by day in This country.

1.3 OBJECTIVEOF THE STUDY

 To explore the concept of journalist-source confidentiality in India and its legal

framework.
 To examine the importance of protecting confidential sources in journalism and
its significance for a free and democratic society.

 To look into challenges which can be faced by journalists in protecting their

sources in India, including legal and practical obstacles.
 To evaluate media organizations, society that is civil, the judiciary in
safeguarding the journalists and right to use and confidential and sources that can
protect.
 To analyse how right to privacy effect rights of journalist and their confidentiality
of sources
 To make commendations for refining the lawful and regulatory structure for
journalist-source confidentiality in India, with a view to enhancing press freedom
and promoting democratic values.

1.4 HYPOTHESIS

Indian journalist face challenges when the matter comes to the protection of the
confidential sources the main reason are not any specific laws in India which protect this
issue. There is a right which is provided for them but still they are toured by the law
enforcement agencies also in the country because they are not protected by any exact laws
This leaves them vulnerable to harassment and intimidation from the government and
powerful interests. In recent years, several levels of cases of journalists targeted reporting
have elevated worries about freedom, state in country .It is important for the government
to recognize the crucial role played by journalists that promote which is transparency and
can say accountability.
1.5 RESEARCH QUESTION

1. Laws in India which deals with the rights of journalist which is protecting their
confidential sources?
2. Indian judiciary how deals with the matter which come to them regarding the
protection of confidential sources of journalist?
3. What are journalist ethics which are important for them when it comes to
revealing their sources?
4. How journalist faced the problem and how they handle the situation when
government interfere in the revealing confidential sources?
5. Difference between Indian laws regarding protection of confidential sources with
other countries laws in the same matter?
6. How privacy rights which is provided by the constitution to individual related to
the confidential sources?

1.6 LITERATURE REVIEW

A study by the International Centre for Journalists (ICFJ) highlights the problem
tackled by the persons in media nd their sources nd protection of that should be
confidential. According to the study, Indian journalists often face threats and intimidation
from government officials and other powerful individuals who seek to suppress
information that is critical of their actions.

Another study by the (PCI) highlights the legal issues surrounding the use of
confidential sources. The study notes that while Indian law there are several legal
provisions that can be used to compel journalists to reveal their sources, including
contempt of court and sedition laws. The study argues that these laws are often misused
by those in power to silence dissent and suppress critical reporting.

A third study by the Centre for Media Studies (CMS) focuses on the role of technology
in enabling journalists to protect their sources. The study notes that advances in
encryption and other for journalists to communicate securely with their sources.
However, the study also highlights the challenges of ensuring the security of these
technologies and the need for journalists to remain vigilant in protecting their sources.
"Protecting Confidential Sources in India: The Need for a Legal Framework" by
Siddharth Varadarajan, published in the Economic and Political Weekly. (Vol. 49, Issue
No. 51, 20 Dec, 2014)

Journalism Ethics: Arguments and Cases for the 21st Century" by Stephen J. A. Ward
(Posted on March 29, 2017 by Stephen J. A. Ward)

"The Journalist and the Murderer" by Janet Malcolm (By Malcolm March 5, 1989)
"Confidentiality and Press Freedom: The Reporter's Privilege and its Limits in a Time of
Terrorism" by Robert M. O’Neil (Vol. 69, No. 6 (Nov., 2006), )

"India's media and entertainment industry" by Deloitte (16 Oct 2012, 02:12 PM IST)
"Press Freedom and the Law in India" by Madabhushi Sridhar Acharyulu (29-Sept-2014)

Comparative Analysis:
In my dissertation it fill the gap which is not covered in others work is that it provide
the recent day to day problem of journalist related to their safety and security in India
related to the confidential sources as we know that in India there is no any specific laws
which give protection of the journalist when it comes to the gives them protection
regarding this because of this they face a lot of problem till the time government of India
not provide exact laws this problem will stop so in this I provide what is the lack of legal
provision and also the need of the protection of confidential sources of journalist also in
other countries like USA how strongly they support the journalist and protect this
particular things we know journalist is very important for our country they are doing good
for the country government should think once for them. And in this I provide privacy
right how affect the journalist and their protection of their sources. And also how it is
started from the before India got Independence from this to now what kind of changes
comes in the safety of the journalist
1.7 RESEARCH METHDOLOGY
Primarily my work is a theoretical research as the papers method is employed
conducting research. So also primary foundations of data collection using not using,
hence study can be categorized as a only doctrinal research. My work is a lawful study as
only the lawful principles precepts analysed here.

Books that is text

(a) Mention book

(b) Periodicals
 (c) Index to Indian legal periodicals
(d) C.A.D
(e) Articles of laws
(f) Sc Reports
(g) News papers in news
(h) Internet available
(i) Legislative enactments in everywhere

This section summarizes the relevant literature and research that has been conducted
on the topic. It highlights the existing knowledge, identifies the gaps or limitations in the
literature, and establishes the need for the proposed research.

1.8 CHAPTERZATION

This study, “Journalist Right to confidentiality of their sources: A critical study”

total seven chapter in this dissertations which deals with different, what are rights of
journalist and for the protection of their confidential sources and other countries laws also
which deals with the same problem and history of Indian media also and also what are the
protection and laws which are provided by the constitution and other legislation of the
country

Chapter 1 starting with Introduction and in this first define the definition of the
journalist and rights of media and journalist right related to the confidential sources and
other countries what are the role of media and journalist in democratic society it also
describe the legal protection of journalist and also confidential sources, what are the
protection which are provided by the constitution of India. And then what is statement of
this study and objective of this and research question and hypothesis, research
methodology, literature review of this including brief idea of all chapters

Chapter2 Indian context for quality in journalism, which started from the beginning of
journalism in India and development of this, it describe the Indian newspaper from- 1780-
1947 then Indian newspaper media which started from 1947- 1991, present condition of
media nd problem tackled by them

Chapter3 deals with the Protection of journalist in India: A legal perspective, describe
the ambiguity in the IEA act , 1872 as regards the issue of confidential sources, and it
describe what are the pressure from the law enforcement agencies and courts to reveal
sources, and then after contempt of court charges and other legal consequences for
journalist who refuse to disclose sources, also describe press council in the
confidentiality of confidential of sources of journalist in India and challenges faced by
journalist in India and current situation of the journalist and, also the RTI Act, 2005.

Chapter4 deals with the Journalist right to confidentiality of their sources: Judicial
Response in India first describe courts of India and how they work and in this chapter
from which year cases dealing and then cases which relate to the confidential sources of
journalist protection, and then conflicting judgments of courts how confuse the journalist
regarding their right which is dealing with their protection

Chapter 5deals with “the freedom of the press and the protection of individuals'
privacy right”., first describe the importance of investigative journalism in a democratic
society, describe the constitutional recognition of freedom of the press in India, after that
Right to remain silent connection with journalist right in India, ethical dilemmas in
protecting sources while ensuring accuracy and reliability in journalism, right to their
protection of confidential sources, cases related to protection of confidential sources in
India
Chapter 6 deals with International standard on Journalist ‘ Right to protect
confidential sources, firstly overview of international standard and best practices in
protecting journalist confidential sources, giving example of countries with to use and
confidential , mainly focus on the law of the USA related to the confidential sources
protection and first amendment of the USA which describe of this, cases of different-
different countries relate to the protection, also challenges faced by journalist now a days
in other countries also.

Chapter 7 deals with conclusion and suggestions under which describe the need for
robust legislation to protect journalist right and endorse limpidity responsibility and
fairness in India and final thoughts on the way forward for journalist rights in India

CHAPTER-:2
 INDIAN CONTEXT IN QUALITY OF JOURNALISM
2.1 Before India gained independence, the history of freedom media in the
country can be traced back.

Development media in India to the pre-printing age. Printing, as we are aware

of it these days, did not exist in India in the course of the historical duration when
it became governed typically by monarchs and princes. That was an era when
sources of communication and transportation options had been restricted. the
grandson of Chandragupta Maurya invented his very own mode of transmission.
Amid his reign, all royal orders have been etched on copper plates, boulders, and
stone foundations that could still be located these days in present Afghanistan and
in Karnataka and in eastern part of country.
Advent of the Empire and Mughal a brand- development and dissemination of
information. A sort of written newspaper become got around. It must be noted that writers
of news have been allowed and given independence to present, and circulate the
information, which are unfortunately concocted, falsified, and devised. As per some
historians, Akbar collected news in a very efficient way and created an archive record in
1574, which was subsequently used by mediaeval historians to accumulate data for
chronicles17

2.1.1 The Beginning of the Indian Media

The Christians who initially came to India as merchants later used media to
disseminate their faith among natives to convert them as Christians, and they were
credited for establishment for the first ever press in India for printing. The date September
6, 1556 is very significant for Indians since it marks the arrival of the very first printing
media in India. However, this significant development in media was viewed by natives
with lack of trust and incertitude as their solitary intent is to spread their faith among
natives by deceiving or by force.

The media, as we are aware of it nowadays, is established during English rule and it
turned into an opportunity for some clever journalists to gather information during the
reign of the East India Corporation, to expose the companies’ employees’ wrongdoings
who are involved in private trade. No newspaper printed till 1780 for the reason that
agency's operations in India became extremely closely knitted and controlled, and the
17
HISTORY OF MEDIA’S FREEDOM IN INDIA BEFORE INDEPENDENCE
East India servants desired to hide the misuse of power and position they are deriving
from "personal trading," in which almost all of the employees unlawfully engaged. The
initial newspaper has been started by angry ex-employer employees. They were assisted
by companies’ servants who exploited the media to advance their personal conflicts and
enmity18

The first printing press came into operation in 3 rd quarter of 16th century; however, the
publication and circulation of newspaper was put off by over 2 centuries and the dearth of
a newspaper could have precipitated an interplay vacuum. This scarcity was overcome
while James Augustus Hicky, broadly appeared as the founding in this

Produced, newspaper which was known as Bengal Gazzette well-known, in Calcutta.

It was published to cater British settler in India. The propagation of newspaper invoked
interests and thoughts of the British Indian population which developed to mirror that
challenged the colonial government' absolute authority. English media in India, just like
the increasing strength, became recognized with progressive and broad -minded agenda
that forced the regime to guard their very own acts in addition to reply to public requests.
because of this, government viewed the media with suspicion and set up excessive19

Hicky's Gazette included exposition on non-public life of individuals, and have

separate spaces for ads and it was depicted as "a daily paper for all”. By parable, some
inferences regarding certain person. scepticism antagonistic, furnished defamatory facts
that became to pass via this channel and this should appeared to be India's first instance
of media censorship. Hicky enraged and strongly attacked Governor Hastings and
different authorities indecently. After that he was imprisoned in June 1781 for failing to
pay fines yet his confinement did no longer. So, in the initial days, the media enraged the
authorities by slandering company officials and high-ranking officers by publishing
slanderous pieces about them. Later, these newspapers started to get council resolutions,
and military secrets and which have been printed in newspaper. In 1785, the government
protested to these publications

efforts of government to the media, but at same time as Hicky was an extraordinary
believer in press freedom, the governor of Bengal, Warren Hastings, control the media
because it writing government. In addition, the media in Madras became censored since
18
Ibid
19
Beginning of the History of mass media available at https://incoresearch/a-pre-independence-history-
ofs-freedom-in-india/ (visited on June 20, 2023)
it become at odds with the ruling elegance and posted libellous tales. However, Britishers
to be in circulation gazette of Bengal , English became as a way of a enforcing and
relaxing. The mindset toward the media was heavily influenced by the individuals who
are holding position in administration.20

B. Massink started the 2 nd paper, Gazette and India,. His purpose was to counterbalance
the agendas promoted via Hicky's Gazette. In 1784 Calcutta gazette was published under
the backing of authorities. Many periodicals started within a few years of the Hicky's
Gazette, such as The Bengal journal21

The Madras media become at odds with the government because it published numerous
slanders approximately it. On December 12, 1795, the Madras authorities-imposed
censorship on the Madras Gazette, prohibiting it from publishing without prior
examination of printed materials by government officials’ June 29, 1799, four years later,
all of the papers had been ordered to be pre-censored. because the authorities have
become increasingly worried about the reports of newspaper in which government actions
are criticized and questioned, it discontinued faster newspaper distribution inside.

In 1789, Wellesley designated as Governor of the , posted an editorial about the have
become enraged, and in April 1799, On May 13, 1799, a brand-new set of guidelines was
published regarding restriction on media in reaction to this danger. It mandates that every
newspaper should have the printer's name, cause and violation of regulations resulted in
deportation to Europe. The censor become told not to publish about "public credit or
debit" or "those techniques were reasoned media for to hold the public in the dark and
preserve manipulation and control. For years to come, the media turned into almost under
siege,. On May 13, 1799. the rule, which was draconian and most harsh of all the
regulation mandated that newspapers names of the 3 individuals become subject
themselves to the company secretary; content within the subjected to the secretary's
earlier evaluation. Also, newspapers were not allowed to printed on Sundays, and
breaking the laws ended in banishment to England. Secretary can also censor, news
concerning the motion of Normal, Wellesley's severe policies were a success in achieving
his goals of lowering and stifling journalistic criticism of the government 1791 and 1798,

20
Press in British India available at https://www.clearias./press-in-british-india/ (last visited on June 20,
2023)
21
History of freedom of press available at https://www.leadindia.law/blog/en/history-of-freedom-of-press-
in-india/ (last visited on June 20,2023)
Bengali publications were shut down for a ramification of reasons, a lot of which had to
do with army-associated.22

Culmination of the 18th Cen signalled an era for Indian journalism. There has been
media censorship in the course of the time. The individual that desired to start a
newspaper became without delay deported if he became if a newspaper offended
authorities, it was first denied postal rights. If it continues to annoy the authorities, it had
to post all or part of the paper editor deemed. As a consequence, the early newspapers
were based by using former organisation employees who had offended the company, and
their columns were dedicated to exposing the vices and malpractices of the day. a few of
the articles have been slanderous and engaged in worst types of libel. They nonetheless
had a useful feature. The authorities established regulations on the media as it become
concerned with criticism labelled at them..

2.2 EARLY 19TH CENTURY NEWSPAPERS

The Marquess of Wellesley imposed strict restrictions on the press all through the first
20 years of the 19th century. This governor trendy's character and beliefs is responsible
about this approach toward the press. A newspaper was required to adhere the press
policies to mention the, owner, make aware of and to send all newspaper for censorship
before they were published and circulated and no publication allowed on Sunday.
Deportation was the specified penalty for breaking these regulations. The Secretary was
given censorship authority. In keeping with a special guidelines, out of news any info
concerning the motion of vessels shops, or foreign money, in addition to any speculation
regarding the business enterprise's family members with any Indian kingdoms,
information that could be beneficial to the antagonist, that would reason inside
organisation's areas. Additionally, he censored any report about the corporation's
finances, profits, or state of the public credit, as well as any private scandals of the
individuals. Moreover, he had to forbid the printing of European newspaper excerpts that
would violate the aforementioned prohibitions .Obtained prohibitive directive by order of
the Governor in Council, restrictions on the media had been placed and public gatherings
were outlawed

22
History of mass media law available at https://www.tutorialspoint.com/history-of-media-laws-in-india
(visited on June 20, 2023)
 Restricting, Wellesley confined information .UK was denied any news about
companies and its officials affairs and administration for twenty years, aside from that
which got here through her authorities’ agents. This was causing that no development into
field of media and press during Lord Wellesley's and Lord Minto's (1810–1813)
administrations. They became determined to stifle journalistic freedom so that it would
not be robust enough to rouse Indians and purpose them to challenge and criticise the
company's rule. The intention of tight censorship is to stop Indians from questioning their
policy. population ignorant and to forestall the dissemination of facts.

In 1813, the, English who became renowned for his progressive press guidelines and
liberal stance on education. By this way, there has been a shift from press censorship to
press freedom, which brought about a loosening of regulations. The character and values
of this governor brought about this new attitude closer to the media. He issued commands
upon his arrival proprietors provide copies of this , more magazines modification.
Publishing supervisor, this was supposed to be loosening of regulation than the Wellesley
Press regulations from 1799, which mandated pre-censorship. the Europeans and natives
welcomed the new era in press freedom with open hands. leading officials and
businessmen applauded Hastings' new rules and congratulated him for what they noticed
as a development in Indian administration at an assembly in Madras.

Although censorship revoked in England in 1818, the directors did not appreciate it.
Lord Hastings was forced to enact the subsequent rules to appease them: (2) Discourse
that would incite apprehension or mistrust among natives or locals m, or any try to
intervene with their non-secular ideals or practises. (3) Reprinting from English or other
newspapers that fall beneath one of the aforementioned headings or that are in any other
case supposed to harm the reputation of English who are residing in India. (4) Personal
scandal and private controversies that in all likelihood to stir up societal unrest. In India,
these guidelines had been applauded, and the liberty of the press was restored. human
beings began developing new journals once more after no one dared to do so censor them
and these new regulations made media free and, on these lines, press was given same
freedom in Bombay.

With John Adam's election to office, there was a shift from press freedom to press
censorship and John Adam supported placing controls on the media. Censor, reversed
Hastings' latitude toward English-language periodicals. He created new policies for the
media and took the precaution of having an ordinance that were well accredited by way of
the court of directors to back them up. Within the history of Indian journalism, those
guidelines are known as Adam's Gag and impose draconian measures on press freedom.

The important feature of 1823 Act included the (I) the ban at the unlicensed use of presses
and the printing and the manufacturing of records and documents.

(ii) The fine of Rs. 1,000 for violation, and to a maximum six-month sentence of
incarceration without work.

These guidelines additionally outlined the process pertaining to get a licence, the
department which is responsible for giving license, the terms and condition of the
authority, and also mentioned condition when license is snatched, and the penalties that
can imposed when a licence has been recalled. Unlawful printing presses and presses that
persisted to operate after receiving a note of recall were subjected before magistrates’ and
magistrates have given authority to seize the press.

The differences in how Hastings and John Adam considered Buckingham and his
Calcutta magazine show how one's mindset regarding press is based on one's persona and
concepts. In 1818, Sir James Silk Buckingham, the most contentious figure in Indian
journalism, entered. through taking up as editor of the Calcutta journal. even though it
became unpopular, he felt it become his responsibility as an editor to remind Governors
about his commitment, chastise them vehemently for his or her transgressions of power
and authority and exposed their wrongdoings. He believed that the free press was
imperative to keep unaccountable government in particular in the absence of a legislature
to restrict them within their boundaries. Buckingham made a sizable contribution for
press freedom in India and has a prominent role in Indian journalism history. Provided
that Hastings is liberal minded person, Buckingham’s Calcutta journal was survived until
the of Hastings' rule in 1823. The Calcutta magazine coerced to shut down when John
Adam took over as performing Governor, and the same year.

Successor was Lord Amherst. He also liked to keep media within his command. It
demonstrates all over again how the individual and his ideals of who are in position of
authority have an effect on the direction and working of press. He stated the reason
behind imposing restrictions on media, because the court of administrators of Britain by
no means liked a free press in India. He was compelled to issue the guidelines of 1825,
which forbade India company which is east india personnel interacting in way media.
Rule made due to an incidence in Bombay concerning a newspaper owner who was also a
council member for the governor of Bombay. In December 1825, the guideline was
concurrently enacted in Bombay, Bengal, and Madras.

While the liberal and revolutionary Lord William Cavendish Bentink took office in
1828, there was a flip toward press freedom. He modified the legal guidelines governing
the media. He became aware of the benefit of Indian-language newspapers. The Indian
language journals started out to thrive as Bentink's status as a media reformer.

In 1835, Lord Metcalf, the brand-new governor and Bentink's replacement, took
charge. He shared Bentink's liberal ideals and became adamant about press freedom.
When he was appointed, he asked Lord Macauley, a famed liberal instructional, historian,
and politician who at that time worked as excellent Council legislative member that might
probably inserted that the law commission was working. Macaulay, who supported the
proposed law, argued that the press in India need to be unfastened and that the cutting-
edge licencing regulations were unjust. The proposed Act become designed to create
whole uniformity in the press legislation throughout the Indian Empire. all and sundry
have the liberty to start a newspaper in their selecting without getting prior permission.
However, disseminate slander or avoiding. Metcalfe applauded the Press Act of 1835,
that is taken into consideration to be the press which liberal was in that time , became
came in force on August 3, 1885, when it was passed with entire backing of the Council.
All the East India Company’s possessions have been subjected to the new law. The Indian
press improved as a result of the law.

Metcalfe was replaced by Lord Auckland, who served as governor till 1842. The
Indian press remembers Auckland as being in favour of press freedom and backing
Metcalfe's liberal law. He had pleasant relationships with the editors of numerous
Calcutta newspapers at some stage in his rule.

In 1857, a struggle for independence started. It became the final armed effort to oust
the British by use of violence. The government immediately banned the press with an
ordinance similar to Adam's press regulations from 1823 as soon as the rebellion began.
at the time, and under which constraint on newspapers and periodicals had been put. For
the launch of any booklet or periodical, a permission certification was required, and the
authorities exercised the maximum discretion in doing so. Every Indian and Anglo-Indian
papers were subjected to the ordinance. 365 days was allocated for the censorship. The
"Gagging Act" turned into allowed to run out on June 13, 1858 by Lord Canning, who
desired to improve his image in India 198123

In 1864, Lord Lawrence became Viceroy of India. brought into force. Such a law
became fundamentally based on a complete mistrust of the media and what it became
capable of. The objective of this law was to tell the authorities about operations of
printing presses instead of imposing regulations on the one’s organizations

In 1881, Lord Ripon, a Viceroy assigned to India, revoked the regulation. He was
ordered to revoke the Act. In keeping with his approach of compromise and reform,
Ripon took steps to free the Vernacular Press, however the anger that the regulation
caused many Indians served as one of the impetuses for the nation's burgeoning
independence movement. The nationalist press and the foreign regime's relationship
remained stressful and contentious.

While Metcalfe freed the press in 1835, it marked development in that time. The
Indian press persisted to cope with Indian desire from this year till 1875, arousing the idea
of liberation among the natives. Metcalfe earned moniker "liberator press the." Press
freedom now followed social and religious issues that had already been championed,
giving the Indian press a lift from all directions. Metcalfe sought to create entire
uniformity in the Indian press regulations governing the media. Even though the English
authorities disapproved of Metcalfe's decision, the Indian press turned into unrestricted
for the next 20 years. His action caused a resurgence of journalistic endeavour. Twenty-
one vernacular publications evolved in Bengal alone as educated Indians started a seeking
24

2.3 The emergence of vernacular press in India marked the beginning of regional
language newspapers in the country.
1st local paper published was Digdarshan. William Carcy, Joshua Marshman, and
William Ward, three Serampur missionaries, launched it in April 1818.After that they
launched 2nd journal in June of that year, which they and Persian were the 2 local

23
EARLY 19TH CENTURY NEWSPAPERS available at https://guides.edu/c.php?g=504744&p=3455367
(visited on June 20, 2023)
24
History of British newspaper available at https://ncna.dh.chass.ncsu.edu/iy.php (visited on June 20,
2023)
languages newspaper published by Indian and printed and published by great social
reformer Raja Ram Mohan Roy used who used his journals to denounce archaic rituals
and ways of life that have been impeding Indian civilization. He felt that modernization
was necessary through adopting logical and equitable traditions. Born on May12, 1772, in
Radhanagiri in Hooghly district. Ram and the Mohan made an effort writings to teach
Indians whilst additionally responding to missionaries' critique of Indian culture. By his
efforts Indians were made aware about the contentious outset of Roy's vernacular papers.
He was capable of raise attention of national problems amongst the general humans on
this way.
Additionally, Raja Ram Mohan Roy printed magazines and journals in Persian, essays
on religious and social reform, particularly necessity of finishing the barbaric tradition of
Sati; travelogues; and maritime and business information. The Persian monthly Mirat-ul-
Akhbar published about a number of international problems. the first issue published a
piece on China in addition to an analysis behind of causes which have contributed to the
countries in.

Ram Mohan Roy in Bengal started to awake native across the country by his journals
and periodicals. Indian language newspapers boosted the country's sense of identification.
several areas of the country noticed the emergence of Indian-owned newspapers. They
supported social and political transformation to a huge volume. Nationalist periodicals
also commenced to appear due to this awakening), in addition to the introduction of
citizens' organisations made of teachers, attorneys, and of the English knowledgeable
intelligentsia.25

The Indian press discovered to the British a rustic they'd only vaguely imagined and
had purpose to worry. the dearth of British officials who have been capable of read their
content straight away initially hindered the authorities' capability to respond. The British
become are of the growing circulating and substance of these newspapers, and that they
started out to employ "dependable" Indian middlemen to check the ' content regarding
political agitation or anti-British attitude. The existing strict policies placed on the Indian
press in the 1870s for the sake of public order have been replaced with regulation that
explicitly cantered the vernacular press and turned into far harsher.

25
Vernacular press act available at https://wwwa.com/topic/Vernacular-Press-Act (last visited on June 20,
2023)
 Vernacular newspapers have substantial contribution to the battle against the British
and so censorship are put on them. Some of them are the Hindi Patriot, a playwright and
creator's publication based in 1853. underneath the direction of Harish Chandra
Mukherjee, it rose to prominence. The newspaper posted the drama "Neel Darpan" in
1861 and tried to persuade the natives to evade from growing the crop for the white
buyers so that you can start an uprising in opposition to the British. A Neel commission
become established as a result. Ishwar Chandra Vidyasagar afterwards took control of the
paper. The newspaper advised Indians recruited to senior authority’s positions to
vehemently condemned the excesses of the regime. some other paper that published at the
same time as this one, was The Indian mirror, turned into well-preferred by readers.
Other weekly like, Amrita Bazar Patrika, became launched in Jessore under the editorship
of Sisir Kumar Ghosh. The motive of it was to air public grievances, train the populace,
and criticise the government. The newspaper becomes the only weapon the populace had
towards the authorities, in keeping with Sisir Kumar Ghosh's essay from January 1, 1874.
This caused the proprietors of this booklet being charged with against the law and
rendered guilty.26

Noticeable difference among British local which is media and English press . Made
divide extra obvious. The nationalities of the reporters in India had been separated.
Following the Mutiny, English journalists collectively demanded "blood for blood," but
Indian editors sympathised with the insurgents As a result, followed a nation stance and
enticed immediately to most people because it became written. Development of
countrywide attention gave the press india more clout and power, which brought
obstacles. The authorities imposed less limitations on I Anglo-Indian Press' in comparison
to Native media. As an end result, the "Gagging Act" of 1823 by Adam and the "Gauging
Act" of 1857 by Canning targeted Indian-language newspapers edited and printed by
Indians greater than English-language, English-owned media. No English newspaper
denied of its licence in 1823, excluding the Calcutta journal. Despite the fact that Mirat-
ul-Akhbar's publication and broke his ties with the Sambad kaumidi. Evade from the
"Gagging Acts," different Indian newspaper withheld all political news.

Indian authors all over again started writing, publishing and circulating novels,
pamphlets, and newspapers in every Indian and English languages when Canning's
"Gagging Act" repealed in 1858. the press's impact grew in tandem with this growth of
26
Vernacular act available at https://s.in/vernacular-press-act/ ( visited on June 21, 2023)
the press. In British India by 1870, there were 644 papers, four hundred of which had
been written in regional dialects. British journals have been outnumbered by vernacular
journals in each quantity and also in terms of sway.

Lord Lytton enacted, act press vernacular, enacting stricter regulation on press in
vernacular languages because he believed they had been fostering a feel of countrywide
cognizance. The Vernacular Press Act one of the most thorough and strict statutes, this
one gave the government more tools at their disposal to punish and suppress seditious
publications supposed to create awareness among the uninformed population from the
authorities. It gave the right to magistrate and police officers to coerce a newspaper's
printer and publisher to concur to not print certain sorts of news, and to ask for security
and to seize all the published materials if they who have been subjected to this law have
any recourse before any court. English language publication was not this Act. It provoked
local newspapers and they expressed vehement opposition to it. since the passage of the
Vernacular Press Act in 1879, there were a few major improvements in the language
vernacular publications. As the end result, the Act abolished via Act III of 1882, however
authorities continue to finding and confiscate any vernacular guides that were.

Media served as a platform for the mobilisation of nationalist public opinion for
Madan Mohan Malaviya, Gandhi, and Jawaharlal Nehru. through the media, they
uncovered flaws inside the British rules and helped the general populace to recognize
political troubles. The battle strategies to the public. This said the excellent expansion

2.4 POSITION OF AFTER 1900

Newspaper publication and circulations grew rapidly during the beginning of 20 th

century, specifically in vernacular language that supported the burgeoning country wide
attention. The Anglo-Indian newspapers have usually sponsored authorities’ agenda and
their way of governance. This made it clearer how the Indian and other -Indian press
differed, with the prior assisting. Additionally, the government opposed the Indian
periodicals whilst favouring Anglo-Indian courses.

On the start of the new century, there was also an effort for press control and to define the
limits of media. In 1899, Lord Curzon was appointed Viceroy of India. With out
considering what most public would think of his acts, he began making the changes right
away that he felt have been crucial .In 1903, the secrets Act official enacted. posed as a
severe danger to journalism's independence and also imposed severe measures on press
freedom in conjunction27

The partition of Bengal in 1905 and due to some other actions taken by Curzon
devoid of consulting the general civic and beneath guise enhancing the admin of a large.
A massive campaign in opposition to its separation started in Bengal because it seemed to
weaken the country wide freedom movement of which Bengal was epicentre. The
British's restrictive policies to stop agitation in opposition to the Bengal division
contributed to the emergence of the revolutionaries and their journalism. Yugantar a
magazine started in 1906 the. In Punjab, Lajpat Rai began a newspaper named Bande
Mataram, which have become the catchphrase of the movement in opposition to the
division of Bengal. Due to his works in Bande Mataram, Aurobindo Gose attracted the ire
of the government. Tilak released the Marathi newspaper Kesari on January 1, 1881. He
based the English-language Martha weekly journal along the editor of the Deccan star,
additionally accompanied them, and merged with mratha. The main outlet for spreading
the message of the independence war become Tilak's journal, additionally, they expanded
the Bengali anti-partition campaign to a countrywide subject. Tilak resisted the
Troublemaking edict in 1908. They sentenced for publishing works critical of the British.
Later, he spent six years in exile outside of the India.

Lord Minto took over from Lord Curzon in a chaotic scenario, and he tried to cope
with it by way of extending the ambit of Act press. Rights to expression as well as speech
a have been limited by a number of ordinances and circulars. The Newspapers
(Incitements to Offences) Act, enacted by Lord Minto in June 1908, gave the authorities
the authority to sue any newspaper's editor for publishing what the government deemed to
be encouragement to rebellion. In Poona's Legislative Council, the Governor of Bombay
simultaneously stated that the government became committed to quelling seditious
agitation within the region.28

Rioting in several parts of nation, the partition of Bengal, and assassinations of British
officials posed an alarming situation. The Indian Press Act of 1910, which reinforced
government authority over printers and publishers, passed as new law to address this
27
Role of press and publication available at
https://www.insightsonindia.com/modern-indian-history/other-dimensions/role-of-press-and-
publications/ (visited on June 21, 2023)
28
Ursula Smartt, Media & Entertainment law (Routledge Taylor& Francis Group, London And New york, 2nd
edn..,)
issue. It gave district magistrates the authority to levy and confiscate safety deposits from
newspaper publishers and press owners, to permit searches and seize printing presses and
newspaper containing reports against government, in addition to to prohibit the postal.

Unless the local magistrate waived the requirement, every proprietor who filed an
affidavit in accordance the Act press time of 1 st make necessary pledge safety rupees.
Existing press owners were coerced to pay the deposits if their newspaper or magazine
contained "objectionable topics" that undermined military allegiance, or exhibited anti-
government sentiment. The local authorities were given the authority to declare the
security forfeited if obscene material become published. The press might then forestall
operating or the proprietor would have to pay a larger deposit. If the printer continued to
print offensive news, both the press and the safety would be seized. The authority to
detain and search suspected mail granted to customs and postal government. 29Publishers
of newspapers who didn't put up securities may probably have their press taken by the
government. The regulation also gave the chance or object that endured to put up
unlawful materials.30

Lord Irwin's tenure (1925–1931) turned into a hard time. Lord Irwin's comment
granting India dominion status does not sit well with Indian leaders. Gandhi launched his
Civil Disobedience motion shortly to march Dandi to violate the salt prohibition in April
1930. There was unrest throughout the country creating chaos. As the end result, this time
is characterised by tighter press rules and greater authorities’ control.

Willington appointed as Indian that is viceroy in April 1931. Considering he had no

sympathy for the Nationalist movement. Statute gave local magistrates the capacity to
demand publishers and printers to deposit security of as much as one thousand rupees,
much like the 1908, 1910, and 1930 Acts. disseminating something that could be
construed as an inducement to behaviour crime could be subject to felony through the
nearby authorities. The local authorities had the authority to confiscate property, demand
more security, and order in which copies newspaper and magazines that have been
declared forfeit were allegedly being kept for distribution. This regulation gave local
governments wide authority and had the power of banning the printing of the names or

29
Ibid
30
History of Journalism available at https://en.wikipedia.org/wiki/History_of_journalism (visited on June
22, 2023)
photos of prominent figures in the Nationalist movement in addition to notices and
advertisements for Congress meetings and different political occasion.31

India Act defence, which reinforced the control’s capacity to cope with seditious
literature, passed as a result of the outbreak of world war2.under the act there was a
censorship machinery. Following the August 1942 Quit India Movement, new limitations
had been positioned on the freedom of press. A few days later, the police raided on the
newspaper's places of work, some papers and magazines containing objectionable
materials were seized

The censorship and persecution turned as unnecessary as the battle came to a

conclusion and there have been apparent signs and symptoms that India could soon be
independent and most of the press regulations gradually disappeared while the struggle
for freedom increased.32

According to the history of press freedom when India get independence, transition
press and freedom censor is closely prompted by way of the personalities. There had
been less barriers on the press if the ruling class become liberal, and there have been more
restrictions when the ruling elegance became authoritarian. The authoritarian governor
generals and viceroyss are all believed in retaining control over the media. They took
action to control the media. Liberal governor generals and viceroys who supported press
freedom.

2.5 The condition of journalism in contemporary India

It is a cause for significant worry. Although people enjoy the expression and the
freedom , and speech also including press freedom, journalists often encounter numerous
difficulties. True journalism cannot thrive unless journalists are granted the liberty to
think independently. However, India falls behind in providing its journalists with an
environment where they can work without fear and express their views freely. Journalists
are often tied to media organizations that have affiliations with specific. Consequently, it
appears that no person working there outlet has the autonomy to operate impartially and is
compelled to align with a particular.
In India endure unimaginable torment and, tragically, sometimes even face death.

31
“Press freedom in India available at” https://india/article/research/a-pre-independence-history-of-press-
freedom-in-india/ (visited on June 23, 2023)
32
Printing press available at https://blogs.loc.gov/headlinesandheroes/2022/04/printing-newspapers-
1400-1900/ (visited on June 23, 2023)
Numerous incidents of government leaders abusing their power, intimidation by criminal
groups, police brutality, and threats from corrupt elected officials. Journalism has become
one of the most perilous professions in India, with journalists facing numerous challenges
and risks in carrying out their work33
The Gauri Lankesh Murder Case34 created significant uproar across the nation. Gauri
Lankesh, a well-known radical activist, newscaster, brutally kill. Sadly, Gauri Lankesh's
family is still waiting for the justice judge in charge of the court's administrative work,
which involves multiple trials under special acts, even after the third anniversary of her
passing. As a result, the judge only has a limited amount of time to spend in court for
administrative matters. During this time, the judge one involving Gauri Lankesh. It is
essential to establish a dedicated court that can prioritise and accelerate the trial process in
order to maintain fairness and equality. Sadly, this has not yet occurred.
Gauri Lankesh's death brings to mind the assassinations of three other rationalists. On
August 20, 2013, while out for a morning walk in Pune, unidentified motorcycles shot
and killed Narendra Dabholkar, a member of the Maharashtra Superstition Eradication
Committee (MANS). Govind Pansare, the leader of the Communist Party of India (CPI),
was assassinated on February 16, 2015, in Kolhapur, Maharashtra, following the death of
Dabholkar. Then, in August 2015, two assailants shot and killed M.M. Kalburgi, a
rationalist and former vice-chancellor of Hampi University, in Ballari district, northwest
of Karnataka.
Trial delays have occurred in other cases besides Gauri Lankesh's as well. While the trial
for Kalburgi's case has not yet begun, investigations into the deaths of Dabholkar and
Pansare are still ongoing.
In a broader sense, it is critical to accelerate justice for journalists because they are
Indian citizens and have the same rights as everyone else. To guarantee a society where
press freedom is protected, the horrible acts and harassment encountered by journalists
must be eliminated.
“The recent arrest of Arnab Goswami,35 Editor-in-Chief of Republic Media Network, in
connection with a two-year-old abetment to suicide case highlights the misappropriation
33
Journalism condition in modern India available at https://blog.ipleaders.in/an-analysis-of-journalism-in-
modern-india/?amp=1 (visited on June 2023)
34
Editorial “Journalist Gauri Lankesh murder trial’ Indian Express, Jan, 2023

35
Editorial “Arnab Goswami arrested for alleged abetment of suicide” Routers, Nov, 2020
of state-run power in contradiction with him and the threat to freedom and media. Was
serious a warranted exploration, is actively socializing factual related to the case suggests
party-political motivations behind action of this journalist”.
This incident brings to the forefront the issue of how frequently and frivolously state
power to arrest is being misused, particularly when it comes to journalists. Goswami's
case gained significant attention due to his celebrity status.
Arrest him not only concerning due to involvement of party-political authorities but
also because it poses a greater threat to media freedom. Reveals that numerous journalists
worldwide have faced arrests, FIRs, summons, physical assaults, and threats in relation to
their reporting. Journalists are often targeted with criminal defamation suits by politicians
in power, leading to a effect.
In August 2019, the Indian government made the decision to revoke specially
constitutional standing of kashmir, jamu granted under and Ladakh are two Union
Territories that comprise this area. As a result, the central government shut down all lines
of communication in Jammu and Kashmir. Internet speeds are at 2G, even though certain
services have been partially restored. In response to a petition from the "Foundation for
Media Professionals," which called for the reinstatement of high-speed internet in Jammu
and Kashmir, the administration refused, claiming the necessity to uphold the
sovereignty, honour, and security of the nation.
To facilitate media coverage, a "Media Facilitation Centre" was established by the
government at a hotel conference hall. However, journalists raised concerns about the
limited number of computers available and the long waiting times they had to endure. In
response to the ongoing suspension of internet services lasting over 100 days, staged a
protest in places They called for the immediate restoration of internet facilities to enable
them to fulfill their professional duties. While the government provided.
By restricting means of communication and internet access, the government is
severely impeding freedom of the press. This situation is particularly worrisome as it
poses a threat to journalists' safety and undermines their constitutional rights. Journalists
face various risks, including abuse, threats, in everywhere.it is crucial to protect them
from such crimes. A functioning democracy heavily relies on a free and robust media.
Therefore, there is a pressing need to establish effective laws that safeguard the media
and journalists.
 3. CHAPTER

LEGAL FRAMEWORK (MEDIA FREEDOM)

Media freedom is very much important in countries, ensuring the, diverse viewpoints,
and the citizens to access and share information without censorship or undue interference.
To protect and promote media freedom, many countries have established a legal
framework that outlines of media organizations, journalists, and individuals.
Allowed framework for media freedom typically encompasses various laws,
regulations, and constitutional provisions that safeguard the rights that is expression,
freedom, speech press, and access and right. These provisions are designed to prevent
government control or manipulation of the media and to foster climates.
One crucial aspect the legal framework is the expression and freedom safety. Right
let’s all ideas, and beliefs without any kind of fear or anything.
 Another important element media freedom is the protection of journalistic & their
important thing to be protected which sources. Confidential things gather information and
expose wrongdoing. The legal framework should establish safeguards confidentiality
sources, allowing investigative exposing to reprisals.
Additionally, the legal framework should outline the responsibilities and ethical
standards for media organizations and journalists. This may include guidelines on
accuracy, fairness, and impartiality in reporting, as well as provisions against not good
speech, defamation, violence. These measures aim to balance.
To uphold media freedom, the legal framework should also establish an independent
and impartial judiciary. This ensures that disputes concerning media rights and freedoms
are resolved fairly and without undue political influence. Moreover, mechanisms for
redress and appeal should be in place to address any infringements on media freedom and
to provide effective remedies for affected individuals or organizations.
Legal framework for media freedom may vary across countries due to different legal
systems, cultural contexts, and political environments. Some countries have specific laws
dedicated to media regulation, while others incorporate media freedom within broader
constitutional sayings.
“Legal framework for media freedom encompasses a range of laws, regulations, and
constitutional provisions that safeguard, journalists, individuals.”36
3.1Pressure from law enforcement agencies and court to reveal sources
Press and freedom is consider fundamental principles to play in ensuring that the
administration remains accountable and transparent. However, journalists in India are
facing increasing pressure from law enforcement agencies and courts to reveal their
sources, which is threatening to country. This paper will says , its impact on press
freedom.

In India, the freedom of expression, right protected through gurndnom . However,

laws by country also provide limits also that limits are which is not good for country and
for dangerous to it . Journalists India have often found themselves in a difficult position,
where they equality of sources.

Issue of source protection has become more pressing in recent years, with law
enforcement agencies and courts increasingly demanding that journalists reveal their

36
Media as legal framework available at https://www.legalse.com/legal/article-558-media-as-a-legal-
framework-an-analysis.html (visited on June 21 2023)
sources. The rise of digital technology easy for journalists to access info, but it has also
made it easier for the government to track down sources37

In a recent presiding, a Delhi Court stated 38 that journalists can be compelled to reveal
their foundations to examining organizations if such disclosure is crucial to the
investigation. The Chief Metropolitan Magistrate rejected a closure report filed by the
CBI, as they had not pursued the investigation further after an initial report was leaked.
The case involved a preliminary enquiry conducted by the CBI regarding of family
related to yadav mulaym singh. Was published by the Times of India, a day before the
final hearing before the Supreme Court. The CBI filed an FIR “against unknown persons
for fabricating a report to defame the agency, and defamation cases were also filed
against the newspaper and news channels.”
The court held that journalists cannot refuse to reveal their sources based on the final
report, and the investigating agency can request disclosure if it is. mentioned CBI has the
authority, under IPC and CrPC (section 91), to require individuals with relevant
information to participate in the investigation. Inquiry which was held later is needed for
the satisfaction of sources which is connected by forged documents nd that is related with
journalist.
The court emphasized the need for the CBI to investigate how the culprits gained power
to catch nd indulged in documents which are official in nature, including examining
involvement insiders by.
On January 5th, the Bengaluru Police took action against G. Mahantesh, the founder
and editor of The File news portal. This action was in response to the publication of an e-
office file noting from the Karnataka Education Department by The File. The Bengaluru
Cybercrime Police specifically requested Mahantesh upon which story was based.
Additionally, they demanded information regarding the source's identity, including their
name, address, and ID card details. This information was reported by39
In the case of “Jai Parkash Aggarwal v. Vishambhar Dutt Sharma40 the High Court
that is Delhi”. “made significant ruling regarding the disclosure of sources by the press.

37
“Freedom of the press important in democracy available at” https://www.com/issues/why-is-freedom-
of-the-press-important-in-a-democracy/ ( visited on June 21)
38
Editorial “journalist compelled for reveal sources” Live law Nupur Thapliyal 19 Jan 2023 9:18 AM

39
Editorial, “Can journalists be forced to reveal their source? Bengaluru police notice” newslaundry, 11
Jan, 2023
40
30 (1986) DLT 21,
The court said that the it does not possess a total privilege to withhold the source of
information on which a news item is based. However, it also emphasized that journalists
are neither completely immune nor obligated to reveal their sources”.
According to before the ordering the it must carefully consider whether doing so is just
and does not go against the public interest.
Supreme Court also addressed journalistic bases in a case in October 2021. CJI, NV
Ramana, a bench noted safeguarding sources of information is a crucial aspect of press
freedom. They emphasized.
order recognized the significance of preserving the anonymity of reporting bases to
ensure to them . In context of Pegasus software snooping incident, the court expressed
concern about its potential chilling effect on journalism. It stated that this observation
should not be considered as mere commentary since it was an essential part of the final
decision. The court decided to establish a to investigate the use
Case Study.
A 53-year-old associate editor from The Hindu, who has worked as a journalist for 30
years in various newspapers, believes that he enjoys complete freedom in his professional
role. Although the government exerts pressure on the press, he believes that most of the
time these pressures can be ignored. For instance, the government may use its advertising
policies to influence the press. However, since there are numerous companies in the
corporate sector in India, resulting in a wide range of advertisements, the pressures are
not as severe as they would be if there were only a few dominant companies. The
journalist acknowledges that journalists often succumb to pressures from newspaper
owners, as their jobs depend on them. Owners expect journalists not to publish anything
that could threaten their interests or the political party they support. The journalist
identifies political parties, corporate houses, and terrorists as sources of threats and
harassment to journalists. Additionally, the army can become a source of harassment if
anything written about it is perceived as being against its interests.
In study the journalist is certain of that intelligence agencies conduct surveillance on
journalists by tapping their handsets and emails. He face constant murder and risk ,
kidnapping, imprisonment, attacks while performing their professional duties.
Investigative journalists find it particularly challenging to cover the army and judiciary.
Can freedom related with persons of press be impacted by the newspaper
advertisements, depending on revenue a sell it from them. However, the journalist notes
that there are instances of suppression or lack of coverage on issues due to pressure.
 According to the journalist, the obtainability of coarse paper significantly shakes it ,
as it constitutes of their costs. Journalist acknowledges that journalists receive invitations
from corporation’s embassies, which can influence. In some cases, journalists may
receive payments from sources other than their regular employers, which can compromise
their freedom. The journalist does not consider currently lacks power, is ineffective in
regulating the press. To enhance its effectiveness, the journalist suggests granting the
Press Council more authority. The journalist also believes that the print media does not
adequately cover issues such as poverty, unemployment, and scheduled castes, while
giving excessive coverage to cricket, Bollywood, and politics in the Indian press.41
• With 33 years of journalistic experience across various newspapers, expresses
that he enjoys incomplete freedom in his work. He believes government pressure
is indirectly exerted through newspaper owners. As newspapers rely on
advertisements for revenue, he feels that they are not independent from business
companies. Journalists find it challenging to remain independent when their
salaries come from owners who may impose restrictions. During regional conflicts
and extremist violence, the government requests journalists to withhold sensitive
information to prevent further escalation of violence. The main threats to
journalists, according to him,
• They face risks such as surveillance, phone tapping, being followed, physical
attacks, kidnapping, and occasional arrests while carrying out their duties.
Investigative journalists particularly struggle to cover topics like terrorism,
organized crime, and the judiciary. Advertisements impact the freedom of the
press as they affect newspaper revenues. Starting a newspaper only requires
registration and government permission, which is not difficult to obtain. The
journalist believes that political party news, intelligence-related information,
defense scandals, and religious issues may be suppressed due to pressure.
Although laws regarding press freedom exist, the enforcement of consequences
for violations is minimal.
According to the journalist, as it is readily accessible. It may from businesses, this is
rare and usually occurs during elections as paid news. Defamation laws, in the journalist's
view, do not hinder press freedom. PCI advisory regulating the press to some extent but
lacks punitive authority. The print media inadequately covers topics like development,

41
Editorial “ image cannot better than reality” The Hindu May 2, 2021
poverty, and environmental pollution, while placing excessive focus on politics, cricket,
and fashion in India.42
• A female older editor in chief working for the TOI with extensive experience in
journalism spanning 21 years. According to her, she generally enjoys a
considerable degree of editorial freedom in her work, although there have been
occasional exceptions. She emphasizes that direct, despite often publishing anti-
government stories. However, she acknowledges that newspapers cannot be
entirely independent from business entities, as companies can influence them
through advertisements. Nevertheless, newspapers can still cover who feel
compelled to yield to it due to the risk of job insecurity. In terms of news
publication restrictions, she states that there
are none, but journalists are advised against inciting violence. The primary
sources of threats and harassment to journalists, according to her, She maintains
subjected to attacks pose a risk when acting their responsibilities.
The freedom of the press is affected by advertisements. Starting a newspaper with
government permission is relatively straightforward. While there are no limitations on
news coverage, there may be instances where adequately reported due to external
pressure. The only sensitive issues that are unlikely to be covered in her newspaper are
religious matters and separatist demands. these freedoms face legal consequences.
The availability of newsprint has an impact on the freedom of the press since its high
cost affects newspaper revenues. The case subject and her colleagues occasionally receive
invitations to luxury events and press trips, which can somewhat influence press freedom.
She clarifies that she is solely paid by her regular employer, although reports suggest that
some journalists in smaller newspapers receive payments from external sources.
Defamation laws do not impede her writing freedom, except when it comes to political
topics. PCI considered ineffective matters receive inadequate coverage in print media,
while there is excessive reporting on Bollywood, fashion, and related topics.

3.1.1Impact on Press Freedom:

Force by which is given to persons working under press or related to this work for
expressing their view about how they collect and from where they are collecting things in
our nation. Creates a pro nd impact on investigative journalism which undermines the

42
Supra note 5
capacity of them. They unable to protect their sources, they may be unwilling to publish
stories that are in the public interest, for fear of retribution.

The demand for source disclosure also has a broader impact on the media's ability to
operate independently. If journalists are seen as being too close to their sources, it can
damage their credibility and reputation, and ultimately, their ability to function as
watchdogs of democracy.43

3.1.2 Challenges faced by Journalists:

Journalists in India face several sources. First, there is a lack of clear legal protections
for source confidentiality. While the Court who is supreme of India recognized
importance of source protection, there is no specific law that provides for it.

Second, there is a lack of trust between journalists and law enforcement agencies. The
police in India have a history of targeting, who are often reluctant to reveal their sources
for fear of retribution.

Third, there is a lack of training and resources for journalists on source protection.
Many journalists in India are not aware of the best practices for protecting their sources,
such as using secure communication channels or encrypting their data.

Pressure on them to reveal their sources are a thoughtful threat to press liberty in
India. It creates a frightening result on investigative journalism and undermines their
capacity to take their power accountable. Journalists in India face several their sources,
including a lack of legal protections, a lack of trust between journalists and law
enforcement agencies, and a lack of training and resources. To ensure that the media can
operate independently and effectively, it is essential to address these challenges and
strengthen protections for source confidentiality.44

Lack of training and resources. To ensure that the media can operate independently and
effectively, it is essential to address these challenges and strengthen protections for source
confidentiality.

3.1.3Writ petition filed by journalists against police for forcing to disclose sources
43
Impact on press freedom available at https://www.sciencedirect.com/science/i/S0264999316301316
( visited on June 2023)
44
Challenges faced by journalist available at https://hrhub.my/top-challenges-that-journalists-face/ ( visited
on 22 June)
 India, journalists have protect under grundnom of india protection, expression, speech,
speech, However, there have been instances where the police have forced which have led
to writ petitions being filed by journalists in court.

Some examples of cases where writ petitions have been filed by journalists against the
police for forcing them to disclose their sources include:

-In this case, Tarakant Dwivedi, a journalist from Lucknow, the Allahabad HC after he
was arrested and charged with criminal conspiracy and other offenses under the IPC,
secrets act, . The police had forced him to reveal the basis of his info regarding
government document he had published in his newspaper. The High Court quashed the
charges against Dwivedi and held that.45

Rohini Singh, a journalist with The Wire, Gujarat HC after she was served with a
notice by the Enforcement Directorate asking her to disclose her source for a story “she
had written on a company owned by Jay Shah, the son of BJP President Amit Shah. The
High Court quashed the notice and held that a rights given to them protect her bases.”46

These cases demonstrate is an important aspect of speech, expression and is protected

by the Constitution. Writ petitions have been a crucial tool in enforcing this right and
upholding the principles of a free press in India

One well-known case of this occurred in 2017, when the “Central Bureau of
Investigation (CBI) raided the residence of NDTV's founder, Prannoy Roy”, over
allegations of financial irregularities. NDTV had reported on several sensitive issues,
including the 2002 Gujarat riots and the Adarsh Housing Society scam, and some
speculated that the raid was intended to intimidate the channel and its journalists. The
CBI later questioned NDTV's senior journalist, Nidhi Razdan, in connection with a case
against a former Jammu and Kashmir minister, and reportedly asked her to reveal her
sources. Razdan refused to comply, citing journalistic principles, and the matter
eventually died down.47

In another case, in 2016, a journalist for the Hindu newspaper, Praveen Swami, was
questioned by the Delhi Police over a report he had written on a terror attack at an air

45
Tarakant Dwivedi v. State of U.P
46
Rohini Singh v. State of Gujarat
47
Editorial “Indian investigators raid premises linked to NDTV founders” The Guardian, June 5, 2017
force base in Punjab. The police reportedly wanted Swami to reveal his sources for the
story, but he refused, citing the need to protect his sources. The matter was eventually
resolved after the newspaper obtained a court order preventing the police from forcing
Swami to disclose his sources.

In India, there have been instances where individuals who have provided information
to journalists have faced problems when journalists are forced to reveal their., as it
enables journalists to obtain information that might otherwise remain hidden, but this can
lead to conflicts when sources fear retribution for speaking out.

The 2010 Radia tapes controversy: In 2010, a series of call nd recording of their
talk in between lobbyist naira radian d another person’s related to politics. business
people were leaked to the media. The conversations revealed the extent of Radia's
influence and her attempts to manipulate the media. One of the journalists who received
the tapes, Vir Sanghvi, was later summoned by a parliamentary panel and was for the
story. Sanghvi refused to do so, stating that he had a duty to protect his sources.48

The 2018 Bhima Koregaon case: In 2018, several activists were arrested by the Pune
police in connection with violence that erupted during a Dalit commemoration event in
Bhima Koregaon, Maharashtra. being targeted for their dissenting views. Journalists who
had reported on the case were also questioned by the police and were asked to reveal their
sources. Some of them refused to do so, citing the need to protect their sources.49

3.2 Ambiguity in the IEA, about the issue of confidential sources

IEA, specifically address issue of confidential sources. However, there have been
instances where the courts have dealt with this matter based on the principles of relevancy
and admissibility of evidence.
However, certain provisions within the act can be interpreted in a way that may create
ambiguity in this regard. “Section 126 states that a witness cannot be compelled to
answer questions that would disclose the identity of the person from whom he or she has
received any confidential information. While this provision is meant to protect the

48
Editorial “ radia tapes controversies” The quint Feb 2, 2018
49
Editorial “The 16 activists arrested in relation to the case are victims of witch-hunt” The Hindu July 11,
2021
confidentiality of sources in general, it does not explicitly mention journalists or their
sources.”
The interpretation of Section 126 in relation to journalists and their confidential
sources legal uncertainty. Some person saying that they should be granted the same
protections as any other witness under this provision, as they often rely on confidential
sources to obtain. Others contend that act does specifically mention journalists, and
therefore, the protection may not be applicable to them.
It's worth noting that several Indian courts of protecting journalists' confidential
essential element of press freedom and investigative journalism. These courts have relied
on constitutional principles, such as the expression, speech, freedom, right, provide
limited protection journalists their sources.
clear and explicit providing in the Evidence specifically addressing confidential sources
of journalists, the issue remains ambiguous and subject to interpretation by the courts.
Legal reforms or specific legislation may be required to provide clarity.
“Section 122 of the Indian Evidence Act states that communications made to a person
in the course of their employment, which have a professional character, are generally
considered privileged and cannot be compelled to be disclosed. This privilege extends to
journalists and their confidential sources in certain situations, as the courts protecting
identity such to encourage free flow of information50”.
Act does not specifically mention "confidential sources," the courts have relied on
principles of privilege and protection of sources to develop a legal framework for
addressing this issue. In landmark judgments, the Court supreme of India has recognized
protect identity confidential sources under Art of consti which 19, 1 a.51
Evidence Act, enacted in 1872, governs the admissibility and evaluation of evidence
in Indian courts. While it witness examination and the disclosure of information,
confidential sources of journalists. Section 126 IEA provides protection persons who
agree to tell truth nd present that tym their not force for answer, question that would
disclose the identity of their confidential sources. However, the section does not mention
journalists or make any specific reference to journalistic privilege.52
The ambiguity arises from the interpretation of Section 126 in relation to journalists
and their sources. On one hand, proponents argue that journalists should be afforded the
same protection as any other witness. They assert that the act's language is broad enough

50
Indian Evidence Act,1872
51
“.P.Jain, Indian Constitution Law 98(Kamal Law House, Calcutta, 5th edn.., 1998).”
52
Batuk Lal The Indian Evidence Act 1872( Central Law agency 3rd Edition 2019)
to encompass journalists and their sources, as the provision does not explicitly limit its
application to specific professions.
On the other hand, skeptics contend that since the IEA no explicitly mention
journalists, it may not extend the same protection to them. They argue that the section's
language may be construed narrowly, limiting its application to witnesses in legal
proceedings rather than journalists in the course of their work.
Nonappearance of protection close bases, Indian courts have relied on constitutional
principles to provide limited safeguards.
The SC of India, in the case of, emphasized the part of the press self-governing
people and highlighted need to defend the sources of journalists. Similarly, in the case
of.53.
While these judicial pronouncements provide some level, they are not universally
applied and lack the force of a specific legislation or clear legal framework. As a result,
the level of protection may vary, and ambiguity remains regarding the extent of
safeguards available to them.
Address this ambiguity, some experts and organizations advocate for the enactment
of a dedicated law or alteration to the IEA that explicitly recognizes and defends
journalistic privilege. Such legislation could provide clear guidelines and procedures for
the protection of journalists' confidential sources, ensuring a robust framework that
upholds press freedom and investigative journalism.
One relevant case that touched upon the issue of confidential sources is the case of In
this case; the SC discussed the admissibility of evidence obtained from anonymous
sources. The court held that anonymous information can be the basis for investigation and
can lead to the discovery of relevant evidence 54. However, the court also emphasized
maintaining need for secrecy of accused nd trail which is true. The court stated that such
cases, should carefully evaluate credibility and reliability information ensure rights which
are for accused and protected.
Where SC discussed the problem of admissibility confessions made to police officers.
While this case doesn't directly address confidential sources, it highlights the that
evidence obtained through coercive or unreliable means is not admissible in court.55
3.3 contempt of court and other legal consequence for journalist who refuse to
disclose sources
53
Romesh Thappar v. State of Madras
54
State of Maharashtra v. Dr. Praful B. Desai
55
Selvi & ors.v. Karnataka
 Court contempt refers to a lawful offense can occur when someone disobeys or
shows disrespect towards a law of courts. In some jurisdictions, journalists may face
contempt of court charges if they refuse to disclose their sources in certain circumstances.
They are some tym truest on the sources which are confidential to gather info for their
reporting. The protection of these sources is considered essential for maintaining press
freedom and ensuring However, there are situations where courts may demand that
journalists reveal their sources, such as when it is crucial to a criminal investigation or the
administration of justice.
When journalists refuse to disclose their sources despite a court order, the specific
consequences and penalties for contempt of court vary depending on the jurisdiction.
Journalists found guilty of contempt could face fines, imprisonment, or other punitive
measures imposed.
When it comes court and contempt underlying principle is freedom, press the admin of
fairness. Responsibility encourage whistleblowers, informants, and others to come
forward with sensitive information.56
However, there are situations where the. This typically occurs when the information is
crucial to a criminal investigation, national security matters,. Courts may argue that the
interest in obtaining the truth and ensuring a fair trial outweighs the journalist-source
privilege.
Journalists who refuse to comply with a court order to disclose their sources can be
held in contempt of court. Contempt of court is a broad legal concept that encompasses
various types of behaviour that obstruct or disrespect the authority, dignity, or functioning
of the court. By refusing to reveal their sources, journalists may be seen as obstructing the
court's ability to ascertain the truth or impeding.
Penalties for court contempt vary by jurisdiction. In some cases, journalists may face
fines, imprisonment, or other sanctions imposed by the court. However, it's worth noting
that some jurisdictions have legal protections in place to safeguard journalists' right to
source confidentiality. These protections may vary in their scope and strength, and they
can influence the consequences faced by journalists who refuse to disclose their sources.
It is essential to remember that the legal landscape surrounding contempt of court and
source protection can differ significantly between countries. Some countries have enacted
legislation or established legal precedents to provide stronger protections for journalists,

56
Contempt of court for journalist available at https://indianexpress.comned/journalists-not-exempt-from-
disclosing-sources-what-is-the-law-8392518/ ( visited on June 22, 2023)
while others may have more limited safeguards. Therefore, it's crucial for journalists
refusing to disclose their sources.
Smt. Archana Guha v. Sri Ranjit Guha, 57 in which the disagreement was founded on a
piece written for a newspaper in Calcutta. It should be highlighted that a judgement was
criticised by falsifying the facts, but the Calcutta High Court ruled that there was no
contempt because criticising the judiciary should be free, even if done incorrectly. This
case highlighted the crucial idea that no contempt proceeding should be launched just
because a particular ruling was misrepresented in the media. For the same, there is an
alternate remedy in the form of clearing up the misunderstanding with the Registrar of the
Press.
The Act imposes constraints to remind us that no freedom is absolute, without reducing
media freedom. It distinguishes between civil and criminal contempt. Civil contempt
involves failing to comply with a court's ruling, while criminal contempt refers to any
publication seeking to hinder the power of the Courts or obstruct justice. The limitation
on media freedom arises from criminal contempt. “Sections 3, 4, 5, 7, and 13 (added in
2006) of the Act define what does not constitute contempt. However, some parts of the
Act use ambiguous language when explaining contempt. The courts ultimately have
discretion in determining when contempt actions are applicable. The term "fair" is
mentioned in the marginal notes of Sections 4 and 5 without further clarification.
Although Section 3(3) may imply a presumption of guilt, it's crucial to note that this
presumption relies on the publication under Section 3 being made in good faith”58
3.3.1Positions of the US and the UK on Court Contempt related to journalist
rights
Us Constitution, specifically Art 6, upholds of the accused and ensure transparency in
legal proceedings. For instance, the trial of O.J. Simpson serves as an illustrative case.
O.J. Simpson, an African American faced accusations estranged companion and her
friend. The high-profile trial garnered extensive media coverage on television and lasted
for a significant period. Despite being acquitted in the criminal case, Simpson was later
found liable for the wrongful deaths in a civil trial, which was not open to the public.
Questions arose regarding whether this verdict influenced the convict's ability to obtain
bail and if the criminal trial truly achieved its intended purpose of public scrutiny.

57
(1936 AC 322 at 335
58
Contempt of court by media Available at https://blog.ipleaders.in/contempt-of-court-by-the-media-a-
study/ (visited at June 22, 2022)
 The potential effectiveness of a public trial in upholding justice could be compromised
due to the heightened presence of media and its potential interference The Criminal
Justice of 1925 limitations involvement of in court proceedings.59
“UK. Section 41(1) of the law specifies that it is unconstitutional for anyone to:
a) Publish any picture that was captured, created, or reproduced in violation of the
aforementioned clauses of this section.
b) A person who violates the aforementioned clause is subject to a fine of up to £50 for
each offence upon summary conviction.14 Even though the two nations' legal
systems are so drastically different, they both nonetheless.

An Authentic and True Report

“According to Section 4 of the Act, reporting on a legal procedure by the press or
other media is not considered contempt of court as long as it complies with Section 7
rules60”
The media enjoys greater freedom in assessing the validity of any case that has been
presented and reaching conclusions. Nevertheless, if such scrutiny to undermine the fair
diminishes the respect owed to courts, it would cease to be a valid criticism.
Legal Framework
3.4 “In India, the Press Council Act of 1978 safeguarding anonymity journalists’ and
their sources”.

Role journalism in any democratic society is vital. Considered important and pillar
fourth, as it provides public with information knowledge about what is happening in their
society. It is also essential for the media to keep corruption, social and political issues. To
do this, obtain that would otherwise be inaccessible. In this regard, the confidentiality of
sources

(PCI) is answerable for ensuring freedom the press protecting the rights of journalists.
One of overview governing the sources India examine some of the significant cases in
which the protection of sources was involved.61

59
Positions of the US and the UK on Court Contempt related to journalist rights available at
https://www.cps.gov.uk/legal-guidance/contempt-court-reporting-restrictions-and-restrictions-public-
access-hearings (visited at June 22, 2023)
60
Contempt of court act,1971
61
Press council Act 1978 journalist in India available at (visited on June 22,2023)
 Constitution indian does not openly remark the right to press freedom. However,
implicitly guaranteed.)62 In addition to constitutional protection, Indian Parliament has
enacted numerous regulations to confidentiality sources of journalists. significant
legislation in this regard is the “Press Council Act, 1978”.63

Sec 13 (2) (b) of PCI provides that PCI book, or relevant to an inquiry. However, it
also states that no one shall except in cases where the interest requires the revelation. This
provision recognizes importance protecting confidentiality of journalists”.64

“Sec15 Press Council, there is a for safeguarding the confidentiality of journalistic

sources. However, this protection applies specifically to inquiries conducted by the Press
Council itself”65. Under Section 15, the Press Council is granted powers similar to those
of a civil court when dealing with cases governed by the Code of Civil Procedure.
Nevertheless, subsection (2) of Section 15 clarifies the following:
(2) Subsection (1) does not imply any compulsion on newspapers, news agencies, editors,
or journalists to reveal this”
Court which is supreme detained that the freedom press, right of the press maintain
confidentiality of sources. It stated that journalists had a duty to protect their sources and
that the disclosure of sources could lead to harassment and victimization of the sources.
The Court also said that the administration might not compel the disclosure of sources to
harass or intimidate journalists or publication.66

“State of Maharashtra v. Rajendra Jawanmal Gandhi.”67

The police had arrested a journalist, Rajendra Jawanmal Gandhi, for publishing a
news report about the alleged involvement of a minister in a financial scandal. The police
had sought to question the journalist about his sources of information, but he refused to
disclose them. Court which is supreme said protection of sources and those journalists
could not be forced to disclose cases demanded such disclosure. Court 68 also held
disclosure was a matter of ethics that is journalistic and that it was the responsibility.
62
M.P.Jain, Indian Constitution Law 98(Kamal Law House, Calcutta, 5th edn.., 1998).
63
Ibid
64
https://www.legacom/legal/article-7091-media-and-press-council-of-india-act.html#:~:text=General
%20powers%20of%20the%20Council,Code%20of%20Civil%20Procedure%2C%201908. ( visited on June
22, 2023)
65
Press council act,1978
66
Ibid
67
(1997) 8 SCC 386
68
https://www.ebc-india.com/lawyer/articles/98v6a1.htm
 Establishment of the first PCI, Sweden known as the took place in, marking beginning
of its extensive history. This idea has since become a global phenomenon, as the Press
Council continues to hold influence in nearly every country today.

PCA of 1965 as started the first legislation to establish a PC with aim enhancing
journalistic standards. Unfortunately, during a state of it was disbanded. However,
composition of this Act was largely inspired by the 1965 model.69

The responsibilities of the press council include:

(i) Enhancing the standards of journalism.
(ii) Educating journalists about ethical practices.
(iii) Safeguarding and promoting the independence of journalism.
(iv) Setting higher standards for news organizations and newspapers.
(v) Upholding press freedom.
(vi) Encouraging good taste in the general public through improved journalism.
The Press Council of India possesses two distinct authorities:
(i) It has powers akin to a civil court.
(ii) (ii) It has the ability to admonish. Through this authority, it can provide
warnings, reprimands, or censor any content that violates journalistic ethics.
The press council is notable for its independent operation, functioning autonomously
without involvement from the executive branch.
On June 2nd, 1998, the Indian Press Council established a committee to assess the
future of print media. The committee sought responses from concerned citizens through a
questionnaire containing twenty-four questions. One of the questions inquired about how
the RTI rule would support journalists in fulfilling their professional duties .70
The Press Council significance of the RTI Legislation March 2001, recognizing the
obstacles faced by journalists in accessing official information. The bureaucracy, police,
army, courts, and even the legislature strongly defend information, making it challenging
for journalists to investigate and report effectively. The RTI valuable hold public entities
accountable and encourages curiosity among journalists and society at large. It eliminates
the need for journalists to rely on speculation, rumors, leaks, or unreliable sources.
Implementing this law will serve as a deterrent against special interests attempting to

69
Press council Act available at https://www./national/no-specific-press-freedom-safeguards-how-indian-
journalism-lacks-a-free-environment-news-235239 (visited on June 23, 2023)
70
Ibid
manipulate the truth through media manipulation or disinformation. Overall, this
legislation promotes transparency across public, professional, social, and personal realms
71

It is surprising how the majority of the media paid very little attention to the accurate
assessment made by the Press Council. They also failed to promptly announce the
implementation of the Information Act. The media largely perceived this issue as only
affecting Rajasthani farmers, residents of Delhi's slums, or individuals associated with
NGOs. Its true significance and potential were largely disregarded by the media.
However, a few journalists who utilized it as a tool had exciting experiences and showed
new directions.
“Although the Indian constitution guarantees the right to freedom of speech and
expression under section 19(1) (a), this right remained incomplete without access to
information”72. The capability to assess public authority’s governance relies on having
factual, up-to-date, and primary information. Unfortunately, the government consistently
kept a close watch on the flow of information.73
The unfortunate situation arose when government officials utilized the Officials
Secret Act to undermine certain constitutional limitations. Consequently, the rights of
citizens remained constrained. Similarly, within the legislative branch, there are
Contempt of Court statutes, and the judicial branch enjoys privileges from parliament.
These restrictions hindered the journalist from thoroughly investigating any subject
matter.74
3.4.1The 93rd Law Commission Report
In September 1983, the 93rd Commission Report law was released, led by Justice KK
Mathew. put forward a recommendation to amend the Indian Evidence Act. It suggested
adding an exception that specifically addresses by individuals who are accountable for
publications.
The recommended amendment states that no court can force to reveal if the person
obtained the information under an agreement, either explicit or implicit, to keep the
source confidential. The purpose of this amendment is to ensure the anonymity of sources
and protect the integrity of journalism.
71
Norms and conduct of Journalist available at https://www.presscouncil.nic.in/Norms.aspx ( visited on
June 23, 2023)
72
The constitution of India
73
Supra note 42, Art 19
74
“Official secret act available at” https://n/conflict-between-right-to-information-and-official-secrets-act-
1923/ (visited on June 23, 2023)
To provide further clarification, the report defines important terms. "Publication" refers to
any form of communication, such as speeches, writings, broadcasts, or other means, that
reaches either the specific it. Additionally, "source" can refer to either the person from
whom the information was obtained or the means by which it was acquired.
The Law Commission believes that the matter should allow for flexibility and
suggests that the court should have discretionary powers. Each case should be evaluated
individually, considering the importance of preserving the confidentiality of the
information source in relation to crime.
In summary, the 93rd Law Commission Report proposes an amendment to the IEA, to
safeguard identity sources for individuals responsible for publications. The report
emphasizes the need for courts to balance the preservation of source confidentiality.75
Legislative Assembly passed a ground-breaking law aimed at safeguarding
journalists and media organizations from attacks. Making it the first state-level law
in India to protect journalists. According to the provisions of the Act, any violent
attack on a journalist that qualifies as a cognizable offense is considered non-
bailable. Offenders are required to compensate journalists for their medical
expenses resulting from the attack, as well as any property damage or loss. The
Act also includes measures to protect journalists' Journalists' Advisory 2017',
which was issued following the murders of Jagendra Singh, Rajdev Ranjan, and
Gauri Lankesh. However, despite being a positive step, the Act has significant
loopholes that greatly reduce its effectiveness. It fails to address the safety and
protection of social media personnel, bloggers, and freelancers. It also does not
provide provisions for addressing online harassment or threats faced by
journalists. Additionally, the Act only protects journalists during their official duty
hours, leaving them vulnerable before and after work. While the Act focuses on
compensation, it lacks a mechanism to ensure proper justice. The weak
implementation process further contributes to the failure.
The Chhattisgarh Journalists and Human Rights Defenders Bill, 2016,
Is a ground-breaking proposal by The Peoples Union for Democratic Rights? It has
gained support from lawmakers in India who are dedicated to ensuring the safety and
security of journalists. Is to an independent body that offers legal and financial assistance
to journalists facing difficulties.

75
“The report available at” https://www./ommission-of-india-reports/law-commission-report-no-93-
disclosure-sources-information-mass-media/ (visited on June 23, 2023)
 Chhattisgarh, being a state plagued by Naxal insurgency, has witnessed a significant
amount of safeguarding their rights long term. It seeks to address areas that were left
unattended by the Maharashtra Media Persons Bill of 2017.
One crucial aspect of the bill is the definition of "media person" and the various
protections provided to them. It extends its coverage to include stringers, hawkers,
freelancers, bloggers, and information collectors who supply media institutions or
individuals with news. The bill not only shields them from harassment and physical abuse
but also offers protection against unfair prosecution.
The bill further ensures the safety of both registered and unregistered media persons,
such as technical support staff, drivers, interpreters, and anyone associated with a
registered media person, including their family members and acquaintances, who face
threats of harassment, intimidation, or violence due to their connection with the media.
To ensure gender inclusivity, the bill mandates the representation of women on panels
constituted for supervision and registration purposes. Additionally, it establishes a 24-
hour helpline to address emergency situations faced by media persons during their work.
These provisions make the bill a commendable step towards safeguarding journalists'
rights.
However, committee formed under the bill, as it includes members from the
government machinery, potentially leading to conflicts of interest. There are also doubts
about the hierarchy of decision-making within the committee, budgetary provisions, and
the recruitment process.
In summary, the Chhattisgarh State Commission for Protection of Journalists and
Human Rights Defenders Bill, 2016, proposed by The Peoples Union for Democratic
Rights, aims to establish an autonomous body providing legal and financial assistance to
journalists. While it addresses the shortcomings of previous legislation, some concerns
have been raised regarding the committee's composition, decision-making process,
budget, and recruitment methods. Overall, the bill represents a significant step towards
protecting journalists' rights in Chhattisgarh.76
3.5 “RTI”
RTI of 2005 grants the right to access info said by community specialists. However,
certain exemptions protect, sovereignty, strategic interests. Journalists, despite legal

76
The Chhattisgarh State Commission for Protection of Journalists and Human Rights Defenders Bill,
2016, available at https://theleaflet.in/an-act-to-protect-journalists-in-chhattisgarh-languishes/ (visited on
June 23, 2023)
protection for their sources, still face challenges in maintaining source confidentiality.
Hence, journalists must exercise caution and take necessary steps to protect their sources.
In a democratic society, information is power, and the media, with its wide reach and
ability to shape public opinion, plays a crucial role in constructing an inclusive
information society. Implementing the RTI regime empowers the media to contribute
constructively and strengthen democratic.77 RTI unnoticed grassroots changes, which the
media can highlight. By utilizing the Act, the media can investigate and shed light on
matters of, providing credible accurate information combat lack of access to
entitlements.
Upholding principles of impartiality information dissemination, particularly in the
context of (RTI). For the media to actively fulfill the roles of disseminator, educator, and
awareness generator. Media organizations are main beneficiaries of the RTI, as they
possess the necessary time and resources to seek credible information and utilize it for
meaningful outcomes, as highlighted by Justice P.B. Sawant.
The media fulfills several significant functions in relation to the RTI. Firstly, RTI law.
Secondly, it promotes debate and discussion on the subject. Lastly, it fosters a democratic
culture that encourages tolerance for diverse viewpoints.78
Journalists have a dual responsibility in the implementation of the RTI. They act as
activists, advocating for RTI promotion, and also as monitors, scrutinizing the law's
implementation in both urban and rural areas. Collaborating with NGOs, especially those
focused on legal literacy, is essential in rural regions.
The media's role encompasses various actions to support the implementation of this
act. This includes providing information to citizens and raising awareness about the Act,
giving voice to citizens, addressing the democratic deficit, encouraging stakeholder
debates, and complementing RTI-related development initiatives such as anti-corruption
efforts, NREGS, and Food for Work programs.79
Regarding reporting, the media should focus on specific areas, such as evaluating public
authorities' compliance with the Act, engaging citizens through opinion polls, debates,
and articles to promote public action, monitoring the Act's progress, showcasing
innovative practices worldwide, and creating awareness of best practices."

77
Right to information act, 2005
78
RTI available at https://www.moneylife.in/article/rti-an-important-tool-for-all-journalists/56878.html
( visited on June 23, 2023)
79
Ibid
 Case of Aarushi and the consequence of media –laid trail80
Aarushi murder case has triggered discussions about the media's role in such
investigations. While initially considered a closed case by the police, part in uncovering
flaws investigation. However, on-going debates surround the methods employed by the
police, media coverage, and public response in this case. The media's involvement has
turned this tragic double murder into a spectacle, with constant speculation and twists that
question the authorities' credibility. Critics argue that the media has conducted its own
trial, with their reports becoming the primary source of information for the public.
Intellectuals and social activists express their outrage towards newspapers and TV
channels, prompting the need to examine when and how this case became a media circus
and a trial conducted by the media. Initially, reporters were merely collecting information
at the crime scene, a sadly common occurrence in the National Capital Region (NCR).

RTI bill encourage curiosity among journalists and society, leading to a critical
examination of current affairs. It will serve as a powerful tool to scrutinize and hold
accountable activities in the public domain. Journalists will no longer have to rely on
speculation, unauthorized leaks, or questionable sources. This legislation will act as a
remedy against hidden agendas that aim to hide or distort information and manipulate the
media to spread misinformation. Enacting this legislation will bring transparency to
various aspects of public, professional, social, and personal life.
(RTI) has become the general public and the media, as demonstrated by an incident
involving the privatization of the Delhi Jal Board in 1998. In this case, the media
organization Parivartan used the RTI act to uncover alarming facts about the awarded
tender, which was based on false information. The documents revealed significant
misappropriation of guesthouse rent, with only a small portion being deposited in the
treasury. Unfortunately, due to a lack of evidence, the news of this embezzlement could
not be published without proper documentary proof.
To report this news, it was crucial to obtain information about the amount deposited
in the treasury as guesthouse rent. However, the Jharkhand Vidhan Sabha refused to
provide this information, claiming it was highly confidential and required permission
from the District Collector. Despite multiple inquiries and visits to the treasury office, the
desired information remained inaccessible.
In another instance, irregularities in the promotion of officials and employees within

80
CRIMINAL APPEAL No. - 293 of 2014
the Jharkhand Vidhan Sabha were brought to light through the RTI process. Initially, a
reporter named Shakti Panday from Prabhat Khabar was denied access to information
regarding these promotions. However, with the intervention
obtained info revealed astonishing facts, including instances where certain officials
had been promoted twice in a single day and thrice within just five months. These
promotions contradicted the assembly's service rules, which stated that promotions should
only be granted after a minimum of two years. This discovery highlighted a deviation
from the intended path of the esteemed institution of democracy.81
Between August 2004 and June 2006, a total of 23 individuals were promoted, with
many of them receiving three promotions within that period. Additionally, approximately
fifty fourth-grade employees were promoted to clerks within a mere six months of their
appointment, and even some sweepers were granted promotions. These revelations raised
concerns about the fairness and adherence to rules within the Jharkhand Vidhan Sabha.
Some argue that obtaining news relies heavily on personal connections rather than
utilizing the right to information, blurring the line between public relations and
journalism. News is typically seen as intentionally hidden information, while everything
else is considered advertising. This distinction has become more evident with the
introduction of the right to information. Reports on government activities are often
obtained through personal relationships or influenced by biases, leading to sponsored
news. Journalists, sometimes unknowingly, become conduits for different sides due to the
lack of comprehensive and accurate facts. However, the facts, enabling analysis and
evaluation using common sense. This facilitates a more thorough examination of the
Delhi Jal Board's activities and guides media reporting. Acquiring news through personal
connections is a common practice in journalism.
Journalist’s government decisions operations, particularly societal impact. However,
they face challenges in accessing accurate and complete information, often due to
restricted access or unreliable sources. When journalists do obtain information, it may be
incomplete or unverified, hindering their ability to provide a comprehensive and truthful
account of events. Using such unauthenticated information can also have legal
consequences due to its lack of evidential value. To produce accurate and comprehensive
reports that offer a holistic view, journalists engage in investigative reporting, conducting

81
RTI Act access information available at
https://groupsgle.com/g/soc.culture.punjab/c/e4pNpL2_gHU( visited on June 23, 2023)
thorough research and uncovering relevant information.82
RTI Act, a significant government legislation that has emerged in recent years. It has
proven invaluable to ordinary citizens and social activists in their fight against corruption
and in exerting greater control over government officials in various departments and
agencies, safeguarding their legal and constitutional rights. The Act has increased
transparency, significantly reducing the secrecy surrounding different types of
information. Currently, there is improved accessibility to information within government
departments and organizations. While awareness of this act general community,
especially at grassroots level, may not be as widespread as desired, it has gained
considerable recognition among educated individuals and the working class.
Consequently, various initiatives related to the RTI Act are actively taking place in
society, with the emergence of dedicated RTI activists assisting people.83
3.5.1The Protection of Sources of Information in Journalism Bill, 2011
This is a proposed legislation that seeks for a person of media they known as journalist
information in journalism. The Bill says journalist who is engaged in the profession of
journalism, and provides for penalties against those who tell the individuality of self or
also their sources.

State Rajasthan v. Pukhraj (2011): the Rajasthan High and court84 says journalists
have withheld identity of their sources. The court emphasized that compelling a journalist
to disclose their sources would not only undermine the freedom of the press but also
discourage potential sources from coming forward and sharing sensitive information.
3.5.2Censorship over right to protection of journalist’s rights related to
confidentiality in India

In India, there have been instances where they have attempted for the protection of
persons who working in media and journalist and safety also through censorship.

One such example is the case of Ravi Belagere, a journalist from Karnataka who was
arrested in 2017 for publishing an article that allegedly defamed a state legislator. During

82
“Public relation with journalism available at” https://public/major-difference-between-public-relations-
and-journalism (visited on June 2023)
83
Right to information act available at https://www.drishtiias.com/to-the-points/paper4/right-to-
information-1 (visited on June 23, 2023)
84
Particular judgment available at https://legaldata.in/court/read/2167014
the course of his trial, Belagere refused to divulge his source, citing the importance of
protecting journalistic confidentiality85.

Additionally, instances physical and intimidation of journalists in India, particularly

those who report. These attacks have had a chilling effect on journalists and their ability
to report freely and without fear of retribution.

Overall, protection and right journalists their sources free and self-governing
civilization. However, in India, there are concerns that government censorship and attacks
on journalists are eroding this fundamental right. It is important for the Indian
government to take steps to protect.86

3.5.3First press regulation Act in India

The first press regulation act in India, This act was aimed at regulating operating in
British rules in our country. Required publishers to register their printing presses and
publications with the government, and it also laid down certain provisions for the control
and censorship of printed material.
This Act, publishers required to their publications, including name address publisher,
title of the newspaper or periodical, and the language in which it was published.
primary objective of this act was establish publications. Publishers were mandated to
register their printing presses and provide detailed information about their publications to
the government authorities. This information included title of the newspaper or
periodical, and the language in which it was published.
By implementing this act, the colonial government sought to exercise control and
censorship over printed material. It enabled the authorities to monitor and scrutinize the
content being published, ensuring that it complied with the regulations and guidelines set
by the British administration.87
act carried penalties. Publishers who failed to register their presses or provide accurate
information about their publications could face fines and even imprisonment. These

85
Editorial defamation case, Hindustan times Jul 20, 2017 04:11 PM IST
86
Censorship over right to protection of journalist’s rights related to confidentiality in India available at
https://thewire.in/media/backstory-censorship-comes-in-all-shades-and-sizes-in-india(visited on June 23,
2023)
87
First press regulation Act in India
penalties were intended to deter publishers from violating the regulations and level of
controller.
It is important to acknowledge that this act was introduced in a colonial context and
was primarily aimed at furthering the interests of the British administration. It reflected
the control and censorship measures employed by colonial powers in various parts of the
world during that era.
While the Act marked an important development in press regulation in India, it is
worth noting that subsequent legislation and amendments have shaped the regulatory
framework for the press in the country. It is advisable to consult official sources and
conduct further research to obtain a comprehensive understanding of the current press
regulations in India.
At last how court view about protection of journalist protection right The Supreme
Court previously made a general observation about protecting journalists' sources,
particularly in cases where snooping on their phones could endanger the sources.
However, a Delhi Metropolitan Magistrate recently ruled (CBI) should reveal identity of
a source to aid an investigation into a leaked document. This ruling raises a debate as
investigative journalists rely on confidential sources that may be unwilling to assist if
their identity is compromised. Broad mandates in such cases could harm press and
freedom and in this journalism which is independent.
press and freedom in our country is considered essential for maintaining democracy,
and the courts have consistently protected it.SC observations Pegasus matter should be
carefully considered. suggested that courts should determine such cases on an individual
basis, but this contradicts the recommendation of inserting an exception for journalists in
the Indian Evidence Act.
Considering the Supreme Court's order, the Law Commission Report, and an
international court's handling of a similar situation involving a private company's leaked
information, it can be concluded that while journalists generally need protection for their
sources, there may be instances where judicial intervention is necessary. no specific
statutory exception in this regard.
Providing absolute protection to journalists' sources could also have negative implications
for criminal justice. For example, in the case of the leaked charge sheet in the 2020 Delhi
violence case, a court expressed concern about the media reporting the exact contents of
the charge sheet before it was even presented in court. The court questioned how the
charge sheet was leaked and criticized the police for not identifying the source. This
situation has left the issue of revealing journalistic sources in a state

4-: CHAPTER

JOURNALIST RIGHT TO CONFIDENTIALITY OF THEIR

SOURCES: JUDICIAL RESPONSE IN INDIA
4.1 Approach of Indian Courts regarding the Journalist Rights to confidentiality
and their sources
Approach of Indian courts regarding journalist right and confidential sources, it
discuss all the courts matter since Indian independent to till today how the India
judiciary system tackle this particular system because as we know that India is
democratic country here it is very important for the people of the country to know
each nd everything related to country from P.M to the common man what is
happening in our country with the help of journalist in a very easy way we get the
information about everything. Judiciary play very important role in this. Indian
judiciary is independent no any kind of interference in this sometimes it feel like it is
influenced by our political system but most of the time judiciary fair play. And it give
protection to the journalist. From the earlier time journalist face the problem when it
come to the protection of their source nd their confidentiality so following cases in
this chapter discuss how Indian courts deals with these matter. S.C of Indian Is the
highest court of India any matter if parties not satisfied with the decision of the lower
court go to the court and mostly land mark cases of the country decided by the S.C.
after that H.C of the state in every district there is a H.C and when matter not solved
or if the parties want to H.C go to the H.C and one more thing which we should to
consider that higher court judgment is binding on the lower court and sometime lower
court follow the judgment of the higher court and on the bases of the judgment of the
highest court. These thing known as the precedents Indian judiciary is the very
important part of the Indian government. Recent time this problem is started
 developing and they face many kind of the problem government should give the
protection of this.

“Jai Parkash Aggarwal v.vishambhar dutt sharma and ors”88.

August 13, 1985 in this date a per the report of the news which is related to jansatta
published and other is date of August 14, 1985, as per this it said that a person who is
municipal corporation, mr. prakash aggarwal, who is candidate elected he was met with
the state minister Mr. Bhardwaj. When he met him he was requested for the transferring
his post of officer presiding which related to election petition, it was said by the others
people, when minster, cabinet got this news he strictly said no interference in judicial
system. Mr bhardwaj said that he is not interfering in this.

Petition was filed by the mr. aggarwal in front of ADJ, and it is under the “Article 12 of
the contempt of court” and in this it was said that a journalist name Vishambhar dutt
sharma, nd this person was loose in the election which is held in 1983, he was involved in
the campaign which was fraud agaist the party who is angaist. This person with his friend
name mr. tarnish he was influenced him for the publication of two defametry article in
news in hindi dailies based in delhi. These things is very much serious in nature because
these are the interference in the court proceedings nd contempt criminal also. ADJ in this
matter refer this matter to the court for the action which is suitable for this matter.
Because this item of news were published so it should pay the amount which is needed
and court of contempt also.

The person of the opposite party said about this, and in the starting of the case that
these two newspaper article which I alredy mention name of the news apologies for the
unqualified. And these not my mount ut was said through the affidavit which was mr.
ram babadur, provide. And he was the reporter of chief of these newspapers and another
person ,mr. sheetal . Editor-sub of another newpaper. In this affidavit it was saying that
they were not know nature of the item which they were oublished it was done by the
mistake nd they were not aware of the contempet of the court and this things come to this.
and they also mentioned that that they respect judiciary and system and not interference in
this they and their newpaper also respect all the proceedings of the court and they ensure
the court that in future also their newaper always respect the dignity of the judicial
sysyetm of the court.
88
1986(3)crimes60,30 (1986)DLT 21,1986 (11) DRJ 121
 After knowing about the appoliegs of the party the party who started the case said that
accept this only on one condition that have to revel the source of the news which was
publish by them. They should tell the source. Now the question started that whether the
journalist revel their source information realted to this item.

But the decision 89 which came in this case is that press and journalist have no any kind
of right related to their protection, privilege they have to tell them because it is for the
interest of the public and when the things come in the name of the society and justice that
tym journalist and press all have to express their source, and their nd base related to the
publication and as per this it was saided that case by case it is decided by the court.

“Javed Akhtar v. Lana publishing co. pvt.ltd”90

The person who is in this claim for the revel sources which is related to magazine in
which published article which was very much defametry in nature name of the magazine
is “star dust” in the 1987 in this popular writer of script the wife of the person who is
famous actress in this article comments was pass which was defame the character of
them. they claim for tye damage of laksh of twenty five thousand for the case of
defemation and not only this the person who is the lady of the news article name ms.
Prem she have to disclose the perosns who is transfer the “starwife” “Industrywalla”
which is related to flim nd these were added in article.

The other party of the case said that they have some rule which is followed in the
newspaper nd known as newspaper rule that journalist nd media people cannot be forced
to tell the sources of the story which they were share in the article in any stage nd it is not
orderd that they harm the inrerest of justice in this case also they are not ok with the
sharing their biases. When it come in the name of the information of the public and for
their protection in that case it can be possible for them to tell the sources. And they also
said that it can harm the other person also who provide them this information it is for their
safety also. And through this they can expose the everything gov orgz and everything. and
it also said that it is not neccesarry that they should protect any kind of extra protection
because whenerver it is need for the information of the pvt life of any person or any
public info in that case they have to provide this.

89
1986 (3) Crimes 60, 30 (1986) DLT 21, 1986 (11) DRJ 12
90
AIR 1987 BOM 339
 Court in this said91 that this case directly involve matter of pvt life of the person who
is actress and the script writer and their life when it is for the public information journalist
can claim for the protection but when it come to this it is not needed they have to tell the
sources of the information no any kind of the protection taken by the journalist.

“Dr.S.Krishna Rao v. Ushodaya publications92”

Published a statement in this case was defametry according to the person who filed
case in, 1981 a newspaper name “ Eenadu Telagu” as per the saying of this person she is
nurse name vanaja from the centere health primary kotturu, against her this was publish.
She said it was not true statement was publish and also for the support of this leaked
evidences which can support her. The other party said that all information in this is come
from very good nd trusty sources, nd they said also that they don’t have any bad intention
of related to this person. In this news that said that member of center gave all the info that
she was the person who is favour the person who is commit any act which is illegal nd
support these kind of person. Nd for the protection of the persons who gave the info name
was not disclosing by the journalist. The person who publish news and also who write
these things they have the responsibility to safe the person who gave the info nd protect
them also it comes under their ethics. Nd for the interest of public also. And if they tell
these unnecessary legal things will involve with the person who is support them so it’s
better to not tell these thing.

“Disha A. Ravi v. State (NCT of Delhi)93”

Leak of material by the investigative and issue case, this is the court of delhi said in
this that which is against the person who is disha it was publish and for balance and
maintained of the society nd protection , court said to the media that they have to reavel
the all sources through which is it is taken.

In many cases we see that it was said for the protection of us.

91
case directly involve matter of pvt life of the person who is actress and the script writer and their life
when it is for the public information journalist can claim for the protection but when it come to this it is not
needed they have to tell the sources of the information no any kind of the protection taken by the
journalist.9(Para 16 of the judgment)

92
2008 (2)ALD 819
93
278(2021) DLT579
“State of Maharashtra v. Indian Express94”

A person who is arrested by the police in the case which is related to the “smuggling
and foreign exchange” activity he was done. A art was publish in this newspaper about
important document which is very important an crucial for this person. And now the gov
said that coz it is for the justice and intrest realted to public news had to tell the sources
they had to give the info.

Gov

• It said that information which was publish in this is not good for the justice and
working of gov because gov mainly working for the society and if these kind of
things happen in the society how they work.
• Another is that they have to tell the things nd comple them for this. the person also
who inform them they had to know the name of that person for the good of us.

“Express India”

• For the press and freedom of them it is important and if they reveal their all
things it is not good for them and their profession nd the dignity of them.
• For their duty which is given by us that inform activity in the society it hamper
and it is for their protection also.

Judgment

When it come for the justice, interest, national, public in this time only anyone can
claim to the press to tell the truth beyond this they have right to say no to anyone they
cannot provide info becousee they also have the right to do anything which good
according to them. Person who is staying in the society have right to live with free and we
are free so they are also yes when publics things in danger that tym they have say.

“National Stock Exchange co- location95”

Exposing of the persons who is involve in the NSE nd scandal financial and also
trading servers, these are done by the newspaper name “ Moneylife” journalist “ Sucheta
Dalal” she expose them. Now NSE is against this statement nd complain against her and
demand for the revel the truth,
94
1986AIR 5151985SCR(2)2871985 SCC(1) 641 1984 SCALE (2) 853
95
Editorial, “National stock exchange” The Times of India, Mar, 21, 2021.
NSE

• It said the statement which is publish in this is totally wrog no any truth in this
and it also not good for the NSE and it is defame this and coz of this their name
was low in the society for this they demand for the sources, telling, they said for
the reputation and for the market value they demand.

Journalist

• For the protection of the public who is gave information and their protection and
their own protection it is important to not tell the source and they req court not to
force them because it is not good for the society also.

Judgment

In this case court supported the journalist and said that they have right and no one can
claim for this unless it harms the important part of the public.

4.2 Analysis of the cases which referred in this how courts deal with this

The first case which is Jaipraksh Aggarwal in this case we see how the court support
the principle justice of Indian and in this it is said that journalist have to tell the truth how
they get the information in the court when it come for the public things. After that discuss
another relevant case which delas with matter of this that is Javed akhatar case in this
case see how the defame of the famous person in the newspaper nd for the protection of
him court go gainst the journalist and said that although they have right but still they
cannot do anything what they want they come under the limitation. After that again one
case Dr. S. Krishna Rao in this case court support the journalist coz it is for the good to
society news which is related to the lady was the main person nd against it is good and in
this case it was saying that when it come to this they can protected by the court analysing
all these cases I found that some time court supported the journalist sometime not but it
not bad for them and also for the society for the safety and security of the nation these
kind of step taken by the jucidiry as I earlier said judiciety is the very important it helps in
the balancing the public and media although media is working of us only bt still some of
us feel not good when it come in reality so judiciary case to case delas when they have to
give protection to journalist and when not judges when think it is for the intrest and public
they demand from the journalist to give the sources bt when it comes to their ethics it
helps them only after all this I can clrealy say this In India rule of law follow no one is big
or small in front of anyone every person is equal in the eyes of the law and Rights which
is human it is also follow in the India nd journalist also have this so for them. Judges are
neither bais nor they influced by politics some of us claim this bt after considering cases
related to source confidential I realize that according to time and situation they are doing
their work those person who need they provide those things.

4.3 SC, HC have indeed issued conflicting judgments regarding the protection of
journalist rights concerning confidential sources.

This discrepancy to various the interpretation existing laws differing judicial

perspectives. The conflicting judgments arise from the explicitly safeguards the
journalists their confidential sources in India. The legal framework primarily relies on a
mixture of legitimate provisions, statutory laws, and judicial interpretations, which can
lead to varying interpretations and outcomes in different cases.
On one hand, some judgments have recognized the importance of protecting journalist
sources to know. These judgments emphasize significance of preserving confidentiality to
encourage whistleblowers and sources to come forward without fear of reprisal. Such
rulings consider protection of sources as a fundamental part
On other hand, conflicting judgments have emerged that prioritize the administration of
justice. These judgments argue that there may be situations where revealing confidential
becomes or prevent potential harm. In such cases, the protect sources cannot be absolute
and must be balanced against other legitimate concerns.
Absences of lawful things has led to a reliance on judicial precedents and case-by-case
analysis, which can result in inconsistent outcomes. The conflicting judgments reflect
divergent views among judges on extent and nature of protection afforded to journalists
and their sources.
Efforts have been made to address this issue. Proposed a draft bill called Journalist
Protection Act, which aimed to provide legal safeguards to journalists, including
protection of their sources. However, this bill has not been enacted into law yet, and issue
remains unresolved96.
In conclusion, conflicting judgments on the protection of journalist rights related to
confidential sources in India arise due to the absence of a comprehensive legislation
explicitly addressing this matter. As a result, the courts have relied on constitutional
96
Conflicting judgments available at https://www.jstor.org/stable/2644233 (last visited on may 23,2023)
provisions, statutory laws, and judicial interpretations, leading to divergent opinions
among judges. Resolving this conflict would require a clear and unambiguous legal
framework that adequately balances protect sources other.

5th CHAPTER
“PRIVICY OF EVERYPERSON AND PROTECTION OF MEDIA
AND PRESS”

5.1 India's constitution explicitly recognises press freedom

India's constitution explicitly recognizes press and freedom This recognition

constitutional principles that form the foundation of the Indian legal system. Every aspect
is built upon these constitutional principles, making the comparison between press
freedom and constitutional law valid. Just like any other right, liberty, power, resistance,
or obligation, press freedom allowing Indian citizens access this privilege.
Press and freedom is explicitly cited in two key aspects of the constitution, Indian.
Firstly, which serves as its introductory statement, plays a vital role. It is widely regarded
as the essence and soul of this. Preamble guarantees expression, freedom for every
people of India. Free to think, and hold strong beliefs and emotions. Within the broader
scope of freedom of believed and speech, inherent liberty to think express oneself
encompasses the press right which is free . This acknowledgment emphasizes
fundamental nature of human liberty in the Indian constitutional framework.
5.1.2 The Preamble of the Indian Constitution ensures that the following aspects are
included in the Constitution of India.
1948 UDHR, Article 19 emphasized significance safeguarding press freedom as an
indispensible element freely express one's thoughts. At its core, Article 19 asserts that
every individual has the entitlement to express their opinions without any hindrance
medium, irrespective limitations. The right to press freedom is analogous to Art 19 of the
UDHR. 97This demonstrates that our constitution recognizes the vital importance of
ensuring this right 98
Constitution of Art 19

During process of drafting a new constitution after gaining independence, the writers
had to consider whether to adopt the English approach, which incorporates”Press,
freedom, expression, speech, or establish separate legislation similar to the primary shift

97
Universal declaration of human right, 1948, art 19
98
Ibid
in the United States99. “Dr. Babasaheb Ambedkar” , strongly asserted this essentially
refers to individuals or citizens. According to him, the press does not possess any special
rights that cannot be granted or exercised by an individual citizen.

In his viewpoint, there is no necessity to explicitly mention press freedom in the

constitution because all themselves citizens, exercising their freedom, speech, expression
when they choose publish news publications. Therefore, the India, press is not focus to
distinct legislation enjoys protection.100
Six fundamental rights,
Often referred to as the "six freedoms." These include the freely, can say anything
peacefully assemble without weapons, form unions or organizations, travel unrestrictedly
throughout India, and reside and establish oneself anywhere within Indian Territory. An
amendment to Article 300A has been made to remove the property, right instead include
the carry right out any activity, occupation, business, or profession”.
(i) When a person's rights are restricted, it provides them with a clear understanding of
the boundaries and limitations of their rights. This awareness helps individuals recognize
their abilities and constraints.
(ii) On a person's actions that exceed the scope of their rights. These restrictions are
intended to prevent individuals from going beyond what is necessary and protect the
state's interests. The Indian Constitution acknowledges the six freedoms as rights in
Article 19, while the specific limitations or restrictions are outlined in Articles 19(2) to
19(6) and 19(1). Therefore, Article 19 grants people their rights as specified in Article
19(1), but also empowers the state to restrict these rights as outlined in Articles 19(2)
through 19(6). Consequently, Article 19 simultaneously grants and restricts rights,
emphasizing the importance of understanding the limitations and conditions placed on
these rights to fully comprehend their nature and extent.101
“Papnasam Labour Union v. Madura Coats Ltd”.102
1. In order for a restriction to be considered reasonable, it should not be excessive or
arbitrary but should only aim to prevent wrongdoing or harm, maintaining a safe
distance from such activities.
2. The restriction should not be merely theoretical. However, specific norms cannot
99
The constitution of India
100
Constitution of India available at https://www.constitutionofindia.net/debates/02-dec-1948/ (visited on
June 23, 2023)
101
Ibid
102
“1995 AIR 2200 1995 SCC (1) 501 JT 1995 (1) 71 1994 SCALE (5)153 ACT”
 be universally established, as the factors indicating reasonableness will vary .
3. When interpreting the term "reasonable," court should consider the
unpredictability of public concerns and the intended outcomes of the relevant
governing body that established the rule.
4. Since the concept of reasonableness is dynamic, a flexible and practical approach
should be employed by the judiciary when interpreting it.
5. Before imposing any limitations on fundamental rights, the court must establish a
valid justification based on maintaining social order.
6. The court must take into account both social welfare and the need to uphold
societal norms and morals when determining reasonableness.
7. The term "reasonable" must satisfy both procedural and substantive tests of
sensibility.
A restriction must be reasonable suggesting that it should not be overly burdensome or
excessively costly. When interpreting the term "sensitivity," the courts should consider
the state's directive principles.
No law which is exact here federal legislation governing journalists to utilize and
protect confidential sources. According to a fundamental principle of law, any right must
be limited to be effective, including the six freedoms mentioned. These six freedoms are
granted constitution within Art 19, and restrictions on these freedoms are imposed from
Article 19(2) to 19(6).103.
Difference between these four rights
“Freedom of expression”: this rights means every person of the country have
right to express their feeling through various modes no one can stop any person
that is guaranteed by the India’s supreme law.
“The term "right to expression", encompassing creative outlets including speaking,
writing, printing, singing, dancing, painting, and more. The evidence indicates that this
right is comprehensive and may incorporate the right to verbal communication as well.”
“Press freedom: This pertains freedom to distribute and circulate info. It involves the
rights related to printing and distributing materials. It implies that individuals can utilize
writing as a means to exercise rights.”
“The information right: This exact aligns with expression, freedom , speech but places
a particular emphasis on the acquisition of data for societal purposes rather than solely

103
Reasonable restriction in the Indian constitution available at https://blog.ipleaders.in/article-14/ (visited
on June 23, 2023)
focusing on expression act . Encompassed access right by this concept. Term
“information, freedom “originated in the US and also recognized in laws.”104
5.1.3The significance of free speech, expression, and the press

105
According to judgment “Maneka Gandhi v. UOI,” the framers Indian Constitution
considered expression, freedom, speech as a right, fundamental . This right, cherished in
Art 19(1) (a), holds great significance. Opinions. It is considered essential for personal
freedom and serves as a cornerstone of democracy .Press, freedom, extension of free
communication. Here are the key reasons why press freedom is highly valued:
Democracy depends on press freedom: The press acts as a vital medium through
which the government becomes aware of the needs and aspirations of the public. It
facilitates communication of the administration's objectives, and achievements to society.
The press is a powerful means of communication: With its extensive reach and
influence, the press is regarded as a highly valuable communication tool.
Press freedom enables truth disclosure: A free press contributes to the uncovering of
truth by investigating and reporting on various issues.
The press serves as an educational tool: It imparts knowledge and information to the
public, promoting awareness and understanding.
The press helps shape public opinion: By providing diverse perspectives and
information, the, enriching, promoting others opinion.
The press ensures transparency and accountability: By making government actions
public, the press holds government officials decisions and movements.
Press actions vigilant: It monitors both government officials and private individuals,
exposing negligence and corruption.
The language press strengthens community responsibilities within the country,
contributing to stability and unity. Press digital media are valuable due to their ability to
rapidly disseminate accurate news. Lastly, the press and media serve as a catalyst for
social awareness and change.
5.1.4RESTRICTIONS ON PRESS AND MEDIA FREEDOM

As per the perspective of "Hohfeld," every right is accompanied by an obligation. This

implies that if an individual, let's call them "A," possesses the freedom to express
themselves, it becomes the responsibility of others to abstain from making any requests or
104
Difference between right Available at https:/com/free-ias-prep/-fundamental-rights-and-fundamental-
duties/ (visited on June 23, 2023)
105
AIR 1978 SC 597; (1978) 1 SCC 248
demands that might hinder "A" from exercising their right. It is crucial to understand that
if these obligations are not fulfilled, the rights cannot be upheld. It is essential to
recognize that no concept in law can exist without limitations, which aligns with another
fundamental legal principle. Ultimately, obstacles or restrictions create distinctions
among various legal concepts. The notion of limitations holds significance for both
individuals and the state.106
5.2 Importance of investigate journalism in a democratic society

Investigative journalism in any self-governing people and India is no exception. India

domain's largest republic, dissimilar. The role of journalism is essential in maintaining the
integrity of the country's democratic institutions, which includes holding the government
and public officials accountable, exposing corruption, and informing citizens about issues
that affect their lives.

Investigative journalism is journalists are responsible for uncovering stories that

would otherwise remain hidden from the public eye. They use a variety of techniques,
including interviews, data analysis, and document review, to gather information and
verify its accuracy before publishing their findings.

In a democratic society, investigative journalism serves as a overseer for the

administration powerful organizations. Person of media balance against corruption and
exploitation of influence other person who is in position. Investigative journalists
investigate and expose corrupt practices, which can range from embezzlement of public
funds to doing so, they help to hold those in power accountable and confirm that they
acting in the people.

In India, investigative and other forms of malfeasance. For instance, in the 1990s,
investigative journalists in India uncovered a massive corruption scandal involving the
country's defense procurement process. The scandal, which became known as the
“Bofors” scandal, involved the sale of artillery guns to India by a Swedish company. The
investigation revealed that bribes had been paid to Indian officials to secure the contract,
and the scandal ultimately PM.

106
RESTRICTIONS ON PRESS AND MEDIA FREEDOM available at
https://www.drishtiias.com/blog/freedom-of-press-in-india (visited on June 24, 2023)
 More recently, investigative journalists in India have exposed a extensive variety of
corruption abuse of power. Ex, in 2016, the Indian Express published a series of reports
that exposed how shell companies were being used to launder money and evade taxes.
The reports led to a crackdown on shell companies by the government and highlighted
India's business sector.

Investigative journalism also social injustice. In India, where there are significant
disparities in wealth, education, and access to basic services, investigative journalists
have brought to light issues such as child labour, human trafficking, and police brutality.
These stories have helped put pressure on government and other institutions to take action
to address them.

Faced by investigative threat of violence and intimidation. Journalists who report on

thoughtful concerns such as wrongdoings are often targeted by those they are
investigating. In some cases, journalists have been physically attacked or even killed for
their reporting. “53 journalists killed in the country since 1992”.

Another challenge facing investigative journalism in India is the lack of financial and
institutional support. Investigative journalism requires significant resources, including
time, money, and specialized skills. However, media organizations in India are often
under-resourced, with limited budgets and staff. As a result, many investigative stories go
untold, or journalists are forced to rely on unverified sources or incomplete information.

Despite these challenges, investigative journalism remains. In India, the importance of

investigative journalism has become even more apparent in recent years, as the country
has experienced a rise in authoritarianism and an erosion of democratic institutions. The
media have become increasingly polarized and partisan, with many news outlets aligning
themselves with one political party or another. This has led to a situation where many
Indians are consuming

The erosion of democratic institutions in India and the rise of authoritarianism have
heightened the significance of investigative journalism. While India has a long-standing
history of democratic governance, recent years have witnessed growing concerns about
the decline of democratic values and institutions in the country.
One of the most prominent threats to democracy in India is the ascent of
authoritarianism, exemplified by the ruling “Bharatiya Janata Party (BJP) and Prime
Minister Narendra Modi.” The government has faced allegations of pursuing an
authoritarian agenda aimed at stifling dissent and suppressing opposition voices. Critics
argue that civil society groups have been targeted, curtailed, system exploited to silence
detractors.
Such a context, investigative journalism emerges as a crucial tool for holding the
government accountable and exposing abuses of power. Investigative journalists play a
pivotal role in uncovering violations, and misconduct by in positions of authority. Work
helps keep the public informed about issues that directly impact their lives while
demanding responsibility from those in power for their actions.
Moreover, critical role in fostering answerability within the government. India
experiences significant gaps in access to information, and governmental operations are
often shrouded in secrecy. Investigative journalists leverage their skills and expertise to
unearth info that would remain, shedding light on actions that require scrutiny.
Another crucial aspect of investigative journalism in India is countering the influence
of powerful interest groups and corporate entities. Concerns have been growing regarding
the impact of corporate interests on Indian politics and democratic institutions.
Investigative journalists can uncover and expose the ways in which corporations and
interest groups exert influence over government policies and decisions.
Lastly, investigative journalism serves as a voice for marginalized communities and
individuals who may otherwise go unheard. India grapples with significant disparities in
wealth, education, and access to basic services, leaving many communities vulnerable to
exploitation and abuse. Investigative journalists employ their skills and expertise faced by
these marginalized.
Investigative journalism in any self-governing society and this is particularly
significant in India. Despite numerous experiments tackled by investigative journalists in
India, such as violence, intimidation, lack of financial and institutional support, and the
erosion of democratic institutions, the importance of investigative journalism has never
been greater. Investigative journalists are indispensable for government, individuals. As
such, they constitute a crucial component of a healthy and vibrant democracy.107
5.2.1Role of confidential sources in investigative journalism

Investigative journalism pillar any self-governing people, India no exception. It

keeping government powerful institutions accountable and informing the public about
107
Role of investigative journalism available at https://www.frontlineclub.com/what_is_thiss / (visited on
June 24, 2023)
important issues. crucial tools that investigative medias usage to uncover corruption,
abuse of power, and other wrongdoings is confidential sources.

Confidential sources are individuals who offer info to presses understanding that their
identity not tell.. These sources may be insiders, whistle-blowers, or other individuals
with right to use to sensitive info to the public. Know. Confidential sources play a crucial
role in investigative journalism because they provide journalists with info.

In India, investigative journalism rich tradition, go out back era. One earliest examples
of investigative was coverage Jallianwala Bagh massacre by The Tribune newspaper in
1919. Since then, investigative journalism has uncovering corruption, abuse power, and
other wrongdoings by the government and powerful institutions.

One of the most significant examples of the role of confidential sources in

investigative journalism in India is the coverage of the “Bofors scandal in the 1980s”.
The Bofors scandal was a major corruption scandal involving the purchase of howitzer
guns by the Indian government from Swedish arms manufacturer Bofors. The scandal
was uncovered by investigative journalist Chitra Subramaniam, who received information
from a confidential source. Subramaniam's reporting led to a public outcry, and the
government was forced to cancel the deal. The Bofors scandal is considered investigative,
and it demonstrated the crucial role that confidential sources can play in uncovering
corruption.108

Another example of the role of confidential sources in investigative journalism in

India is the coverage of the Adarsh housing scam. The Adarsh housing scam was a major
corruption scandal involving the construction of a high-rise building for war widows and
veterans in Mumbai. The building was built on land that was reserved for a military
housing society, and many of the flats were allocated to bureaucrats, politicians, and their
relatives. The scandal was uncovered by investigative journalist Ashish Khetan, who
received information from a confidential source. Khetan's reporting led to a public outcry,
and the government was matter.

Confidential sources are essential in investigative journalism because they provide

journalists with information that is often hidden from the public. In many cases, these

108
Role of confidential sources in investigative journalism available at
https://www.mediadefence.org/ereade -digital-rights-and-freedom-of-expression-online/module-4-privacy
(visited on June 24, 2023)
sources are insiders who have first-hand knowledge of corruption, abuse of power, and
other wrongdoings. Without these sources, it would be impossible for journalists to
uncover many of the scandals and abuses of power that occur in India.

However, the use of confidential sources in investigative journalism is not without its
risks. Journalists who rely on confidential sources must take care identity are not
subjected to reprisals. In some cases, journalists who have used confidential sources
chances to expose to harassment, threats, harm by bodily also. The Protection of
Journalists Bill, introduced in the Indian Parliament in 2019, seeks to protect journalists
from such threats.

Another challenge faced by journalists who use confidential sources is the need to
verify the information they receive. Confidential sources may have their own agendas,
and they may provide information that is inaccurate or misleading. Journalists must take
care to verify the information they receive and corroborate it with other sources before
publishing it.109

Confidential sources play a critical role in investigative journalism in India. They

provide journalists with info. They have helped uncover.

5.3 Ethical challenges in journalism regarding source protection while preserving

objectivity and reliability

Journalistic ethics

Maintaining the credibility of the journalism profession relies heavily on upholding

journalistic ethics. Journalists follow a set of moral guidelines known as ethics, which
serve as a code of conduct. The core values guiding journalism include accuracy,
impartiality, objectivity, independence, and accountability. Adhering to these principles is
crucial for journalists to responsibly and unbiasedly cover news stories. One moral
dilemma journalists often face is whether not say anything. Investigative journalism often
necessitates the use of confidential sources, but it can also expose these sources to risks
such as harm or retaliation. Journalists frequently grapple with finding a balance between
their commitment to reporting the truth and safeguarding the confidentiality of their
sources.

109
Editorial “Cases” The Indian Express, December 22,
 Press freedom in India faces threats from various sources, including newspaper
owners, the government, political parties, and commercial interests. These entities may
attempt to compromise the independence of publications. Data from 2011 to 2012
regarding newspaper ownership in India reveals that the government owns only nation's
papers. majority of newspapers, are owned by individuals, while businesses or
partnerships. Journalists who engage in fair criticism and brave reporting often face
threats and harassment from authorities, as well as from terrorists and criminal
organizations. They may be attacked, arrested, fined, imprisoned, kidnapped, or even
killed. These challenges hinder journalists from effectively carrying out their
responsibilities.
A blatant violation of press freedom occurs when individuals target a newspaper or
those associated with its editorial or management team to pressure or intimidate them
based on the views expressed in the paper. Concerns regarding press freedom arise when
attempts are made to coerce publications into adopting specific positions or refraining
from disclosing certain information. Press freedom is undermined when a journalist from
a publication is falsely implicated due to their critical writings. Acts like unruly mob raids
on newspaper offices or blocking access to these offices also restrict press freedom. When
the police confiscate a press photographer's camera or delete their film while they are
documenting a story, they impede the journalist's ability to do their job. Filing baseless or
motivated lawsuits against journalists amounts to meddling with their work. Any
endeavor by a politician to intimidate a reporter into aligning with their preferred
narrative represents an ineffective infringement on press freedom. Additionally,
disqualifying and evicting a newspaper correspondent from their housing due to their
articles or news items is a tactic aimed at pressuring both the correspondent and the media
as a whole.
Publicity and Press Freedom
Original: A newspaper's main source of income comes from the advertisements
published by public and private organizations, and denying advertisements has a
significant negative impact on their revenue, especially for smaller newspapers. It also
appears to be a hidden attempt to restrict press freedom. Paraphrase: The primary revenue
stream for newspapers is derived from advertisements placed by public and private
entities. Refusing to publish these advertisements greatly affects their financial viability,
particularly for smaller newspapers. Moreover, such actions could be seen as a covert
strategy to limit the freedom.
 Newscast and info should be obviously distinguished sponsored content and
advertisements funded by businesses. Boundary advertising becomes blurred; paid
promotions are presented as news, or due to payment for editorial space, readers and
viewers are deceived. Paraphrase: It is crucial to maintain a clear distinction between
news and sponsored content or advertisements supported by businesses, governments, or
individuals. When this boundary becomes blurred, for instance, by presenting paid
promotions as genuine news or by favoring a particular politician or political party in
news coverage due to financial arrangements for editorial space, it misleads and tricks the
audience.110
Paid News related to press
k freedom, press challenged by straight bodily assaults organizations, leading to a
threat against free expression, speech, right. In late 1980s, during emergence foreign-
sponsored terrorism in Chhattisgarh and Kashmir, the press found itself caught between
these conflicting forces. At times, the government's response to terrorism resulted in the
military targeting journalists, considering them as a medium for terrorists.

The press has also been heavily impacted by civil unrest in Kashmir and instances of
Chhattisgarh. Paraphrase: In India, the freedom of the press faces challenges due to both
direct physical assaults by security personnel and terrorist organizations. These attacks
pose a significant threat to rights of ours. In the late 1980s, as foreign-sponsored terrorism
emerged in Chattisgarh and Kashmir, the press found itself caught in the midst of these
conflicting forces. In certain situations, the government's response to terrorism has led to
the military targeting journalists, perceiving them as a means for terrorists to propagate
their messages. Additionally, civil unrest in Kashmir and instances Chhattisgarh, have
had a severe impact on the press.111

Casteism, communalism, and press freedom

Press has the a key promotion caste , communal harmony as well as national
integration, which are essential in a society where secularism is questioned and caste and
communal violence persist. PCI has consistently urged media use caution and sensitivity
when reporting on communal incidents or topics that could offend. Cover by press should
be done events manner that fosters emotional and racial harmony within the country.

110
Publicity and Press Freedom available at https://freedomhouse.org/issues/media-freedom (visited on
June 24, 2023)
111
Ibid
Paraphrase: in fostering caste communal harmony, along with promoting national
integration, which are of utmost importance in a society where secularism is being
scrutinized and incidents of caste and communal violence persist. The Press Council has
consistently emphasized the need for media organizations to exercise prudence and
sensitivity when reporting on communal incidents or sensitive topics that could
potentially offend religious or caste sentiments. It is essential for the press to cover events
and stories in a way that encourages emotional and racial harmony across the nation.112

Print media and press freedom

Control by government on the , distribution, and evaluating of printing paper, necessary

due to insufficient domestic production, serves as a powerful tool to exert influence on
the media

5.4 Challenges faced by Journalists with some (case study)

In India, journalists often face challenges in protecting their sources. There have
been cases where journalists have been threatened or intimidated for their reporting. In
some cases, journalists have been arrested or detained. The nonappearance of a exact
federal law protecting the journalists, right use and defend.

Lack of protection for whistleblowers. Whistleblowers are individuals who reveal

information about illegal or unethical activities in government or corporate
organizations. Whistle-blowers officials accountable. However, whistle-blowers are
often subject to retaliation, including harassment, intimidation, and even physical harm.

The absence of a specific federal law protecting, journalist and right use and protect
sources of confidential is a significant challenge for the media in India. Journalists are
often caught in a dilemma of balancing their commitment to revealing the truth and
protecting the anonymity of their sources. significant challenge in India. The
government should take steps to protect journalists and whistleblowers and ensure.113

112
Casteism, communalism, and press freedom available at https://www.outlookindia.cwebsite//lets-put-a-
moratorium-on-communalism-casteism/291697 (visited on June 24, 2023)
113
Challenges faced by Journalists available at https://blog. of-the-modern-journalist-insights-from-
business-wires-2020-media-survey (visited on June 24, 2023)
1st case

The individual in affiliated with, possessing of practice in both TV and newspaper

journalism. He argues that compared to other countries, journalists in his nation enjoy a
certain degree of freedom at work, which, while not absolute, is relatively more
significant. According to him, although the government doesn't directly pressure
journalists, it does exert influence over news stories through newspaper editors. He gives
an example of a home minister covertly pressuring journalists by leveraging their
relationships with newspaper editors. Due to the fact that running a newspaper is a
business heavily reliant on advertising revenue, it is entirely independent from
commercial entities. Since privately owned and operated, they occasionally yield to
requests from commercial enterprises in order to secure advertising income. Journalists
often succumb to this pressure to safeguard their jobs. The individual himself experienced
a situation where his submitted news articles were restricted by his editors, leading him to
resign from his previous employment. He recognized the subtle indication that his
services were no longer required.
He argues that restrictions on news dissemination primarily revolve around ethical
guidelines aimed at preventing the exacerbation of tense circumstances, such as
communal unrest and violent extremism. He claims that journalists face harassment
mainly from terrorists, criminal gangs, and commercial interests, with the latter directly
resorting to assassinations. The individual personally encountered intimidation from a
former mafia member turned politician. Although it is acknowledged that journalists are
being monitored, the exact methods and timing of this surveillance remain unclear.
Depending on the circumstances, journalists may face physical harm while carrying out
their duties. The government, the army, and organized criminals are mentioned as
challenging subjects for investigative journalists to report on. While journalists are not
allowed to directly criticize the judiciary, they are permitted to discuss and write about its
rulings.
The impact of advertisements on press freedom is acknowledged to some extent.
Without advertisements, newspapers would struggle to exist, as the revenue generated
from them is essential for paying journalists' salaries. Obtaining government approval to
launch a newspaper is relatively straightforward, with only a few issues regarding
resources and address proof being solvable. According to the individual, almost all news
topics are covered by the press, with the exception of certain business and intelligence-
related matters. No sensitive or taboo issues are present in his newspaper. While laws
pertaining to press freedom are mostly enforced, those who violate it often go unpunished
due to the absence of clear legislation punish them. Additionally, restriction press
considered a criminality, further contributing to the lack of prosecution.
The individual asserts that the availability of newsprint, which every newspaper
depends on the government for, influences press independence to some extent. He admits
to being invited on press trips, including those organized by states that obligation to
report according to and occasionally they may receive compensation from sources other
than their employers, although it is not very common. The absence of sensitive or
forbidden topics in his publication suggests that press freedom regulations are generally
upheld. He believes that the lack of specific laws sanctioning individuals who violate
journalistic freedom contributes to their unpunished actions. Moreover, since restricting
on this is not considered a crime in India, there is no need for prosecution.114
In summary, the individual emphasizes that while journalists in his country enjoy some
freedom, there are still influences from the government, commercial entities, and criminal
elements that can impede their work. The availability of newsprint affects press
independence, and journalists may face physical harm in certain situations. Defamation
laws pose a barrier to press freedom, and the Press Council, although concerned with
press freedom, could potentially be more effective with increased authority. The print
media.
2nd case
She accumulated 34 years of experience as a journalist, working for various
newspapers. Currently 55 years old, she holds the position of associate editor at The
Hindu. Despite the growing limitations imposed on journalists, she believes that there is
still some level of freedom within her publication. However, governments frequently
exert pressure on media outlets, and there is a lack of impartiality towards commercial
enterprises. Recently, business organizations have been seeking to acquire interests in
newspapers and TV networks, which compromises the independence of these
publications. The majority of journalists work on contractual agreements, leaving them
powerless to resist the demands of newspaper owners. During election seasons, regional
conflicts, and acts of extremist violence, news reporting becomes restricted. Journalists
often face threats and harassment from political parties, criminal gangs, and terrorists in
conflict situations.
114
Editorial “Amar Ujala news” The Hindu June, 2022
 The case study indicates that journalists, particularly those covering critical news, are
subjected to surveillance, including phone tapping and monitoring. Depending on the
nature of their stories, journalists risk being killed, arrested, or physically attacked.
Investigative journalists face the greatest challenges when covering topics such as
terrorism and racial unrest. The publication of advertisements has a long-term impact on
press freedom, with rumors suggesting a quid pro quo arrangement where advertisers
offer their ads in exchange for news that benefits them being published in smaller local
publications. threat to press freedom during election times. Obtaining government
approval to launch a newspaper or magazine is not considered particularly difficult.
However, investigative reports on state-sponsored terrorism, business, and corruption
may be suppressed or omitted due to pressure.
According to the case study, the publication in question covers all topics without
restrictions or sensitivities, leaving nothing as taboo. The responsibility of enforcing laws
related to press freedom primarily lies with the courts, although transgressors are usually
not penalized. While larger newspapers are minimally affected by the availability of
newsprint, smaller newspapers may face greater challenges. It is common for invitations
and press trips to be funded by businesses. The journalist's newspaper has a policy of
disclosing any sponsored trips at the end of the published article to inform readers that it
is a sponsored story. It is important to condemn the unethical practice of journalists being
someone against defamation do not impose restrictions on press freedom.
The case study suggests that the Press Council lacks sufficient authority to effectively
regulate them is criticized for not adequately covering topics related to rural areas,
population management, and developmental news, especially those concerning poverty.
Conversely, there is an abundance of political, religious, and lifestyle news covered by
the print media in the country.115
5.5 Right to remain silent connection with journalist right to protect confidential
sources

Remain silent is given in constitution by “Art 21 This means that an individual cannot
be forced to make self-incriminating statements during a criminal trial.116”

115
Editorial “Print media violence” The Hindu July, 2010
116
The constitution of India art. 21
 “Journalists in India also have certain privileges gives in this and other laws. One of
the most important of these rights, which protected” Means that journalists are free to say
about without fear.

However, journalists in India also face a number of challenges and limits on their
work. For example, rights which are, expression, freedom, speech, integrity, public order.
In addition, journalists in India are often subject to harassment, intimidation, and
violence, particularly when reporting political corruption.

In this context, the right to remain silent can be relevant for journalists in a number of
ways. Called testify in criminal, they may be able to invoke their right to remain silent in
order to avoid situations, such as during police questioning or when faced with
defamation or other legal challenges. Ultimately, remain silent that journalists can use to
protect their rights and they work.117

Remain silent is a right of fundamental for all individuals “under Art 20(3) of the
Indian Constitution .Journalists in India also have laws in country.

However, journalists in India often face challenges and threats while carrying out their
work, such as government censorship, harassment, and violence. Situations, can be an
important tool.

Moreover, the right to remain silent can also be relevant in cases called upon reveal or
provide that compromise the confidentiality of their sources. In such cases, journalists can
invoke their right and they refuse to tell info can their sources or their ability to gather
news.118

Overall, while this right is not directly related to journalists' rights in India, it can be an
important aspect of protecting right, fundamental, as well as confidentiality of their
sources.

One notable case in India related to this rightis Priyanka Bhotmange case.119 In
2006, a Dalit family in Maharashtra faced a horrific case of caste-based violence and
murder. During the trial, one of the accused chose to exercise their right to remain silent,

117
Right to remain silent connection with Journalist right available at https://www.drishtiias.com/daily-
updates/daily-news-analysis/disclosure-of-journalistic-sources( visited on June 24, 2023)
118
Right to silence and right to self- incrimination available at https:/n/right-silence-right-self-
incrimination-indian-constitution-critical-analysis/ ( visited on June 24, 2023)
119
2006
which raised questions about their involvement in the crime. The case highlighted the
importance of this right in ensuring fair trials and protecting individuals from self-
incrimination.

Regarding the protection of confidential sources, a significant case in India is the

Tarun Tejpal case120. Tarun Tejpal, a senior journalist and founder of Tehelka magazine,
was accused of sexual assault in 2013. During the investigation, he claimed that the
allegations were part of a conspiracy and deny to tell person provided about the incident.
The case brought attention to the delicate equilibrium among the journalist's obligation to
protect sources and the need for a fair investigation into serious crimes.

In this case, the SC said this remain silent broader right which can be self-
incrimination. no person could be constrained to who give evidence themselves, and the
right to silence is a valuable protection available to the accused121.

5.6 Right to privacy how related to rights of journalist and confidential sources.

“The K.S. Puttaswamy”122 “The SC of India, in a landmark ruling known as the

Aadhaar judgment, delivered in 2018, addressed the issue of the right to privacy in India.
This judgment had far-reaching consequences for various areas of Indian law. Court’s
acknowledgment of the a significant protection of journalists' sources. Journalists often
rely on undisclosed sources to gather report on matters of public interest. However, their
ability to maintain the confidentiality of their sources is frequently jeopardized by
government surveillance and other forms of interference.
In its ruling, the SC of India recognized safeguarding confidentiality to uphold.
Concluded that the, which protected, encompasses the communicate anonymously. It
highlighted capacity to communicate anonymously is often vital for the exercise of the
freedom of speech and expression.
Furthermore, the court acknowledged that protecting sources is crucial for a
functioning free press. It emphasized that journalists frequently rely on undisclosed
sources and that ability safeguard the anonymity of these sources indispensable for a free
press to operate effectively. The court determined rights.
To safeguard confidentiality of sources for the freedom press, the sc also imposed
limitations on government's ability interfere with journalists' sources. must be must
120
1246 of 2019
121
“Nandini Satpathy v. P.L. Dani (1978)”
122
(2017) 10 SCC 1
proportionate that interest. It recognized that the government's interests in national
security or public order may occasionally warrant interference with sources but stressed
that such interference must be restricted to what is necessary to achieve the government's
legitimate objectives.
Significance of protecting the confidentiality for the press represented a significant
triumph for journalists in India. However, the implementation of does not go far enough
in safeguarding the confidentiality of sources, leaving journalists still facing considerable
challenges in protecting their sources from government interference.
Overall, the K.S. Puttaswamy judgment had profound implications for acknowledged
preserving confidentiality freedom of the set limits on the government's ability to interfere
with these sources. While the implementation remains a topic ongoing debate, its
recognition significance protecting significant milestone in Indian jurisprudence.
X v. Hospital Z (1998)123: Court of Delhi, High recognized journalists have duty
to involved in sensitive matters, particularly when reporting on medical issues.
Highlighting the importance of ethical journalism.
Overall, these judgments have provided some much-needed clarity in India. However,
implementation of these judgments remains a challenge, and journalists still face
significant obstacles in their work, including censorship, harassment, and intimidation.
Journalists' rights in India are significantly impacted ruling could limit journalists'
capacity to report on specific private issues, which has repercussions for the media.

The SC acknowledged is unalienable may restricted under conditions. For instance,

ruled weighed against equally protected free. This indicates journalists may still be
permitted to report on personal matters provided they can show that doing so serves the
greater good. Additionally, privacy personal data, including information about individuals
that is collected, stored, and processed by government and private entities. This has
implications for the media's use of personal data in their reporting, as they may be
required to.

Overall, while the right to privacy judgment has implications for the rights of journalists
SC recognition importance balancing the privacy, right, suggests that presses might still
be capable to explosion on private matters interest of public.

123
(2003) 1 SCC 500
 A crucial under Article 21. This constitutional provision safeguards individuals from
being their life or legally procedures. Landmark ruling ensures that the government and
other entities are prohibited from infringing upon this right, highlighting its inviolable
nature.

This judgment has significant implications for journalists in India, as it reinforces their
right…

The judgment on, delivered by the sc 2017, has had profound implications for the
rights of journalists within the country. This historic decision established rights,
enshrined in the Indian Constitution. As a result, this ruling has significantly influenced
the operations of the media in India.

SC has become pivotal for journalists in India, as it grants them an added layer of
protection against unwarranted interference from the government. This acknowledgment
reinforces the importance of safeguarding the privacy of journalists in their pursuit of
delivering news and information to the public. It also signifies that journalists have a
legitimate expectation of privacy in their professional activities and personal lives.

Nonetheless, while upholding the right to privacy, the government must strike a
balance any imposed on and speech reasonable and justifiable. This means that
limitations on journalistic practices should be carefully evaluated to prevent undue
suppression of information or the stifling of press freedom. Sc ruling proportionate
approach that respects both the right to privacy and the principles of freedom of the press.

Landmark judgment by the SC of India in 2017. It has provided journalists with

enhanced protection against government intrusion and underscored the significance of
privacy in their professional and personal lives. However, it is crucial for the government
to exercise restraint when imposing restrictions on journalistic freedom to maintain a
healthy balance between privacy rights and freedom of the press.

Case before court, titled "Anuradha Bhasin v. UOI dealt with the issue of internet
shutdowns Jammu ,Kashmir. Anuradha Bhasin, executive editor of the Kashmir Times
newspaper, had challenged the restrictions imposed by the government on internet
services in the region” .During the course of the proceedings, the issue rights to protect of
their sources also came up. Ms. Bhasin had argued that the internet shutdowns had made
it difficult for journalists to carry out their work, demand for sources was a violation of
their rights.SC, recognized the significance of protective the identity of sources in the
interest of information.
 Observed by court protection sources is crucial and independent, which is a
cornerstone of democracy. It noted that the disclosure of sources presses, and could deter
people from coming forward with information interest of public.

However, recognized by court there may certain situations where seeking disclosure
sources. In such cases, court said they can demand to the person who is working for the
public info and in our country which is democratic.

Overall, SC’s judgment Anuradha Bhasin reaffirmed the interest of press freedom. It
recognized and that the ability to protect the identity of sources is essential for them to
carry out this function effectively.

ruled media has the publish, right that information obtained from sources, and take
and gives info but there is a limitation or this by the gov for safety of our nation .124

“PUCL v. Union of India 125 in this case it was saying that privacy right include also
others information’s protection and this right is the main for this nation”.

The Court recognized that the media has a duty to report on matters of public interest,
and that this duty extends to reporting on financial irregularities and other forms of
corruption126 Journalist and their right which is protection of sources and maintain
confidentiality is an essential aspect of their work. It is crucial for investigative
journalism, which often relies on whistle-blowers and other sources that may fear
retaliation or harm if their identity is revealed.

The Indian legal framework recognizes the importance of this right and provides some
protection for journalists. However, the exact scope and extent of the protection vary, and
there have been several legal challenges and debates over the years.

5.6.1Judgments of the Indian High Courts on this issue of protection of journalist

sources right

Case of the SC of known the accurate of the press publish information obtained from
official documents. speech and of the regarded as the127."

124
State of Maharashtra v. Rajendra J. Gandhi
125
AIR 1997 SC 568
126
Sahara India Real Estate Corporation Ltd. v. SEBI
127
State of Uttar Pradesh v. Raj Narain
 1997, held the of press comprises info. observed that "the sources of information are
not necessarily confined to persons who are willing to come forward voluntarily; they
may also include those who are compelled by circumstances to provide information128."

In 2013, Bombay Court said held in the of Reliance Industries Limited v. Yogesh
Mehra129 a limited right which means they can protect rights only in certain manner but
which can be restricted.

In 2018, “the Karnataka High Court said in the case of Shrishail Rana v. Karnataka130
that protect sources is not complete and may be subject limited. Court observed that
disclosure”. Source of information may be necessary in certain circumstances, such as
when required for the investigation of a crime.

131
In 2019, Court Delhi held in Rakesh Singh v. UOI journalists have a protect their
sources of information, and this right is limited also. The court observed this.

In 2020, the Madras Court held of V. Anbazhagan v. Hindu132 presses must a right to
safeguard their sources of info, and this right is protected. Court observed protection
sources essential for the functioning press in society which in civilised .

In 2021, Delhi High Court held of State v. Preeti Jain133 that medias have a their
sources information, that is protected by the law which is our consti.

5.6.2Can the new data protection bill in India potentially compels journalists to
disclose their sources?
Prior to the Panama Papers scandal in 2016, let's imagine a hypothetical situation
where the Indian Express newspaper faced consequences of individuals with offshore
current version is enacted into law, similar scenarios could become a reality for future
investigative journalism. The government intends to eliminate exemptions for journalistic
work from data protection obligations. This means that journalists would be required to
prove to a proposed data protection board, whose composition is not yet clear, that their
stories serve the public interest, particularly when personal data is involved.
The fourth iteration of the privacy underwent a period of public consultation after its
128
R.K. Anand v. Delhi High Court
129
205 OF 2016
130
127428/2020
131
3598 of 2020
132
W.P.No.14417 of 2019
133
1104 of 2021 & Crl.M.A. No. 5354 of 2021
release on November 18. Notably, the three previous versions from 2018, 2019, and 2021
all included exemptions for journalistic activities, but this latest iteration does not. In the
earlier versions, news publishers were already considered data fiduciaries, primarily in
their roles as employers or providers of subscription services. They were obligated of
their employees subscribers. Fiduciaries, which determine and methods of, have been
central focus of privacy bills. ‘This includes (UIDAI), and employers with employee
data”.
However, by eliminating the exemption for journalistic activities, the new privacy bill
extends data protection obligations to the content of the stories themselves. When
questioned about this change, Rajeev Chandrasekhar, the Minister of State for
Information Technology, stated that journalists should not receive special treatment solely
based on their profession.
Experts the potential this change journalism, highlighting the possible challenges it may
introduce to the reporting process and its potential to have effect.134
Why exemptions are necessary for journalists
Report acknowledged were required comply with regulations concerning the
processing of personal data, it would significantly hinder their access to as independent
journalists, would be eligible for exemptions.
The News Broadcasters Association provided their input to the Srikrishna committee,
outlining various standards that journalists should follow. These standards include
publishing accurate, fair, neutral, objective, relevant, and unbiased facts, ensuring secure
handling of data, and respecting individuals' right to privacy when processing personal
data.
emphasized the importance of exemptions for journalists in certain laws. necessary to
balance of and to promote a healthy democratic discourse”.
plays a crucial role in data protection, but its application in journalism raises questions.
In the context of media stories, it is unlikely that the subject would willingly give consent
for the publication Srikrishna committee recognized this issue, noting that requiring
consent could prevent the publication of accounts that are unfavorable to the individuals
involved, which would be counterintuitive for investigative journalism.
There is a difference of opinion among experts regarding whether "deemed consent"
is sufficient to exempt journalistic work. Justice Srikrishna argues for journalistic work,
134
“new data protection bill in India potentially compels journalists to disclose their sources available
at”https://www.india/privacy-protection/1258868/whats-in-indias-new-data-protection-bill (visited on June
25, 2023)
while Justice Chelameswar suggests that journalistic work could potentially fall under the
public interest provision of deemed consent.135
The removal of the exemption for journalistic work could have a significant impact.
It may discourage free speech and create challenges in allowing data subjects (the
individuals involved in the stories) to correct their request data erasure. Without the
exemption, journalists could face a surge of requests to block or delay news stories,
hampering their ability to report. Journalists would be subjected to the same obligations
as data controllers, needing to demonstrate that their work was in the excessively invade
privacy. This could lead to legal challenges that impede.

6. CHAPTER
INTERNATIONAL STANDARD ON JOURNALIST RIGHT TO
PROTECTCONFIDENTAILSOURCES
6.1 International Recognition of Protection of Sources

6.1.1 Definition of Source Protection for Journalists

The Sources' Protection Boundaries.

In various scenarios, journalists often face demands to disclose information or reveal their
sources under the threat of consequences. These sources are typically individuals who
provide insider information. The authorities or parties involved in a civil lawsuit may
request the identification of the sources in order to punish them for revealing the
information.
However, the concerns regarding the security of journalists' sources extend beyond cases
involving confidential sources whose identities need to be protected. There are several
135
Why exemptions are necessary for journalists available at https://www.livelaw.in/news-updates/t-
exempted-disclosing-sources-investigating-agencies-delhi-court-219340 (visited on June 25, 2023)
distinct elements that can be present in the same situation. The crucial factor that unifies
all these circumstances
Here are certain typical examples of such situations:
A journalist receives information that was wrongfully disclosed. The authorities
demand that the journalist identifies the source of the confidential or protected material to
enable punishment of the source.
A journalist acts as a neutral observer of a violation of rights. The journalist obtains
material from a source that infringes on the privacy or defamation rights of a third party.
organization responsible disclosure, questioned about the source of the information.
A journalist is accused of breaking the law. Charges are filed against the journalist or
media outlet for unlawfully obtaining or possessing private data. is also actively
participating by acquiring material or engaging.
A faced with a libel accusation. The plaintiff identification documents demonstrate
unethical or malicious reporting. Some of this information may be used by the journalist
to prove accuracy or good intentions.
A journalist comes across information related to a crime. Through research or
interviews, the journalist gathers information. Two countries US and Canada , subpoenas
are commonly issued to authors of books and documentary filmmakers. Additionally,
journalists may possess images or videos of a situation where a crime might have
occurred. In the US, subpoenas for unaired footage are also frequent in such cases.
A journalist witnesses firsthand. a scene taken place. They may be requested to provide
a police report, testify in court. Both the prosecution and the defense have the right to
make such requests of the journalist.
In summary, these situations highlight the challenges journalists face once this one
arises to protective their bases or maintain flow information which is free. while being
subjected to demands for information or potential legal repercussions.
6.1.2 Why it's Important for the Media to Protect Sources:

• The media relies on confidential sources to gather crucial information, as these

sources can include whistleblowers, insiders, and officials who wish to expose
wrongdoing or share important information with the public discreetly.
• The of information by anonymous sources has been instrumental in uncovering
significant stories, especially when legal measures like freedom of information
laws are inadequate.
 • A notable example highlighting the significance of protecting sources is the
Watergate scandal, where journalists exposed President Nixon's abuse of power,
resulting in several executives.
• Instances demonstrate the importance of informers in United States, such as the
expose of misuses, mass surveillance, and doping scandals in professional sports,
which led to policy changes.
In Russia, an anonymous caller alerted the public about the sinking of the AS-28
submarine, contradicting official denials. This disclosure forced the government to
seek assistance, ultimately saving the crew.
• After was shot exposed official dishonesty. Other leaks exposed the
government's hesitation to look into the bribing of a significant defence
contractor out of fear of upsetting.136
• released that contract was given to a business that later gave the majority
country's party without carrying out its obligations under the contract.
• Despite government denials and attempts to censor information, allowing
foreign health experts to take precautionary measures.
• As a result of leaked tapes revealing intelligence chief Vladimiro
Montesinos buying off lawmakers in Peru, President Fujimori eventually
resigned after Montesinos fled the country.
6.1.3The Effects of Lack of Source Protection

When legal protections are lacking, journalists are compelled to either reveal their
sources or face legal penalties. This situation greatly affects the journalists' ability to gain
access to these sources, consequently hindering their crucial role in scrutinizing and
informing the public.
"The Chilling Effect"
A key negative effect of making journalists reveal their sources is that it limits their.
Some decline with journalists concern that their identities would be revealed, while others
will lose faith in them because they think of them as government spies rather than
unbiased information providers.
The significance of this problem and its effect on acknowledged numerous courts
around the world. “The “European Court of Human Rights” emphasised in 1996 without
source protection, duty as a would be compromised, perhaps resulting in a deterioration in

136
“Editorial “Whistleblower broke secret of Russian lives AFP, 11 August 2005”.
the amount of accurate and trustworthy information available to the general public.”137.
Justice Denning of the “UK Court of Appeal” s concerns about the repercussions. He
highlighted that newspapers would lose access to vital information, hindering their ability
to uncover wrongdoing, expose charlatans, rectify unfairness, and bring misdeeds to light
within government departments and companies.138
“hinder inform the public”. Indiscriminate disclosure of news sources would erode the
mutual trust between journalists and their sources, seriously impeding news gathering to
fulfill its role.139
In the dissenting opinion of the “Branzburg case”, US Supreme Court Justice Stewart
raised concerns about unchecked government power. He argued that when officials
possess the authority to compel journalists to reveal confidential information, it due to the
fear of potential self-censorship. This situation creates uncertainty and undermines the
ability of public-spirited individuals within the government to expose corruption or
wrongdoing without fear of subsequent identification through compelled testimony. The
potential sources are then left with the difficult choice of risking exposure or remaining
silent140.
Changes to journalism practice

Due to the absence of robust source protections, journalists often resort to certain
measures to prevent circumstances may compelled. The regular erasure of information
after a story is published is one typical practise in nations without source protections,
such the United States.
Future journalism and historical writing are hampered by this practise of erasing
important information in an effort to prevent revelation. "The Daily Herald has instituted
a process wherein unpublished”
Physical Threat
The gravest consequence arising absence eopardy faced by journalists, particularly
those operating in perilous environments such as war zones or investigating high-risk
crimes. When journalists are perceived as informants or spies for the authorities, or
potential witnesses in trials, they become vulnerable to targeted attacks.
Journalists lost their lives either while carrying out their journalistic duties or due to
deliberate assassinations motivated by their reporting or association with news
137
“Goodwin v. The United Kingdom - 17488/90 [1996] ECHR 16 (27 March 1996)”.
138
“British Steel Corpn v Granada Television Ltd, [1981] 1 All ER 417. (Lord Denning)”.
139
“Case 2006 (Kyo) No. 19, Minshu Vol. 60, No. 8, 3 October 2006”.
140
“Branzburg v. Hayes, 408 U.S. 665 (1972)”.
organizations.
(ICTY) 2004” issued a ruling recognizing that conflict communicators possess a
testifying in order to safeguard them from potential physical harm. This privilege arises
from the understanding that if journalists are seen.
Taking into account the risks faced by journalists, especially in crisis situations, the
Europe council optional in that presses should compelled surrender their records,
pictures, audial recordings, or videos. This recommendation aimed to ensure the safety of
journalists by allowing them to withhold such materials when necessary.

6.1.4United Nation

From its early days, the (UN) acknowledged significance maintaining expert
confidentiality for medias. that emphasized the importance of discretion when it comes to
disclosing sources of information. The code highlighted the need for journalists to uphold
professional secrecy, ensuring that matters revealed in confidence remain confidential.
This privilege should be respected and protected.
Additionally, “Article 19 UDHR knows and upholds the”.
The Special Rappoteur urged states to enact laws requiring the security of sources in
1998, noting:

The Special Rapporteur, in particular, has emphasized that protecting sources holds
"primary importance" for journalists in their pursuit of obtaining information. It is
essential for journalists to act as watchdogs in democratic societies, and therefore, they
require equitable and impartial. To ensure this access, the protection of sources becomes
indispensable. Without the guarantee of source protection, journalists may face obstacles
in exercising their rights.

Therefore, demand disclose be strictly This restriction aims to protection of sources,

preserving the integrity and effectiveness of journalism in serving the democratic society
6.1.5International Criminal Tribunal

“2004, (ICTY)” made a significant ruling regarding war correspondents' privilege to

not testify, even if their published material and identified sources were involved.
acknowledged crucial safeguarding integrity newsgathering process, particularly for war
correspondents.
They emphasized that this by “Article 19 of the Universal UD ”. The court concluded
should be granted, where the were not confidential had been published. This was
necessary to and protects war correspondents from potential physical dangers if they were
perceived as future witnesses in war crimes trials.
Essential that decision of court specifically applied to war correspondents, rather than.
war correspondents as persons reporting or investigating issues related to conflicts in
conflict zones, for any duration of time.
In determining the level of protection required, considered harm to the. They found
that more protection battle communicators received before the tribunal, international, the
better the preservation of the newsgathering process. The court recognized that conflict
reporters necessity be seen as, not, in order to effectively carry out their duties. Failure to
maintain this perception could lead to start fear . These risks persisted war
correspondents' involve confidential sources.
reporters would testify individuals they interviewed was a key issue. People in combat
zones who must choose whether to trust war journalists with sensitive material are likely
to ignore distinctions. There could two repercussions if war reporters were viewed as
prospective prosecution witnesses. First, they might have trouble getting important
information because people, especially those who are complicit in human rights
violations, might refuse them entry to conflict areas and would be less likely to interact
openly with them. Second, war reporters could go who violate peril.
came to the conclusion that routinely requiring war reporters acquire information and tell
the public about crucial issues. The court tried to avoid needlessly impeding the work of
occupations that look out for the general welfare.
The Trial Chamber must weigh the public's interest in war reporters' reporting against
testify. This guarantees that the function of news gathering may work without being
unduly hampered, allowing the global population to get appropriate information on issues
of public interest. Before subpoenas can be issued, two requirements must be satisfied:
• Seeking party the testimony must prove that the indication sought directly relates
to a essential issue in this
• The party seeking the testimony must show that the evidence cannot reasonably be
obtained from any other source.
Additionally, according to this obtained during their work in conflict areas. This
permission is essential for the organisation to build trust with the countries it collaborates
with and gain access to prisons and other closely watched facilities. 141 This right was
subsequently added to the “International Criminal Court's regulations”.
6.1.6Councils that is in europe
47 nations make up “the Council of Europe, an organization that has been actively
involved in influencing media policy through the employment of treaties”. More than 40
declarations and other documents that deal with issues of media freedom and expression
have been published by the Council since 1949. Notably, the Council has made numerous
important statements emphasizing the value of protecting sources.
The "European Ministerial Conference" promoted the understanding roles, recognizing
doing so to support upkeep expansion. To create thorough rules on this subject, a
specialised group of experts was constituted in 1996. The "Council of Europe"'s
“Committee of Ministers adopted a recommendation including specific guidelines that
each member state should follow with regard to the protection of sources”.142
1. Any individual referred to as and the protected info comprises that person's name,
contact information, as well as the names of the journalists, relevant facts, and
unpublished documents.
2. The right to confidentiality should be extended to all parties involved in
journalism journalists themselves.
3. confidentiality should be subject to constraints, but these restrictions should only
take effect when all commercially reasonable options have been exhausted. In
these situations, the public interest in learning the material should vastly outweigh
the requirement for protection, and the "European Court of Human Rights
(ECtHR)" should oversee determinations.
4. When handling and lawsuits, carefully relevant refrain from requiring journalists

141
“The ICRC takes a position similar to journalists associations on the: "Persons carrying out
activities under the ICRC's responsibility cannot be compelled to provide information and/or give
testimony relating to any situation covered by the Geneva Conventions, namely international or
non-international armed conflicts. This would jeopardize the accomplishment of the ICRC's
humanitarian mission, as defined in those Conventions, for the following reasons: 1) it would violate the
ICRC's pledge of confidentiality vis-à -vis both the victims and the parties to conflicts; 2) it would
undermine the confidence of the authorities and the victims in the ICRC; 3) it might threaten the
confidence of the victims and of ICRC delegates; 4) it might cause the ICRC to be denied access to the
victims in present or future circumstances.” Stéphane Jeannet, Recognition of the ICRC's long-standing
rule of confidentiality - An important decision by the International Criminal Tribunal for the former
Yugoslavia. International Review of the Red Cross No. 838, p. 403- 425 YEAR”.
142
Recommendation No. R (2000) 7 of the Committee of Ministers to member states on the right of
journalists not to disclose their sources of information.
 to reveal their sources.
5. Only the parties immediately involved in the matter shall be subject to a
disclosure order, if one is required. Journalists should be fully aware of their
rights, and any punishments should only come through the legal system.
6. The safeguards offered to journalists should not be circumvented through the use
of communication intercept., Journalists have unrestricted access to their right to
withhold information that could implicate them, or protection against self-
incrimination.
According to “(COE)”, the significance of safeguarding identities during conflicts and
other dangerous situations been acknowledged. The COE Committee of " This
commitment was reiterated in 2005, emphasizing that protection of sources should not be
compromised under the pretext of counterterrorism efforts. It was noted that combating
terrorism does not justify authorities exceeding the boundaries defined in “Art 10 of the
(ECHR)
In addition, in Sep these suggestions urged to pass laws and put the 2000(7)
document's recommendations into practise. It was also stated that journalists should not
be forced to turn up information or resources, such as notes, photos, audio recordings, or
video recordings, acquired while covering crisis situations, by law enforcement
organisations. Furthermore, in light of media professionals' safety and well-being, these
materials shouldn't be subject to confiscation for use in court cases.
6.2 “Human right court Europe”

“Goodwin v United Kingdom”, the Court determined violating constitutes

infringement on.143 Acknowledged by safeguarding the anonymity essential for press
freedom, as demonstrated by in various countries, as well as international instruments
protecting journalistic freedoms. Failing to protect sources might discourage them, this
could undermine critical as a public watchdog and impair its ability to provide of
disclosing sources, any measure that compromises source confidentiality cannot be
considered scrutinizes by court any limitations on the protection of sources carefully,
founded on established related to. The Court held such margins require the most
thorough examination.
In the year 2003, the Court found in the case of "Roemen and Schmit v. Luxembourg"
that searches made in journalists' homes and offices to “determine the source of material

143
Goodwin v. The United Kingdom, - 17488/90 [1996] ECHR 16
for an article breached both Article 10 (freedom of expression) and Article 8 (right to
office and home for journal and privacy) of the Convention”144
In another case, “Ernst and Others v. Belgium”identifies sources which are mostly
confidential, and also about their stories on ongoing search and that was against art 10, 8
6.2.1European “Organization for Security and Cooperation”
“(OSCE) is a local safety organization comprising countries from”. During a
meeting Vienna in 1986, the participating states agreed upon principles concerning
expression, freedom including defense of journalists' bases. These principles emphasized
they added, including those representing media from other , should have the freedom to
access and. Additionally, it emphasized the importance of respecting journalists'.145
A survey on the acceptance of source protection among participating governments was
undertaken 2007. According to the survey, source protection was broadly accepted among
OSCE member states. It further.:146
In 2007 to guarantee that these rights are acknowledged and protected, each participating
state should pass clear source protection legislation. Cannot be obtained through any
other means, and there is no foreseeable risk to the journalist's or others' future well-being
or their ability to obtain information from ramifications when they provide classified
material to the media that is of general interest.
6.2.2 State Organisation of America
Freely, as stated in Source protection is a crucial component of “freedom of expression”,
according to the (IACHR), which established by Convention to advance human rights.
was endorsed by the Commission in 2000. Every social communicator has, notes, as well
as personal and professional archives, according to one particular principle highlighted in
Article 8 of the Declaration.
The protection of sources is a critical component of freedom of expression, according
to the Commission. It was said in 2000 that the choice of information sources ethical duty
and should not be subject to government regulation. According to the Commission, it is a
journalist's ethical responsibility secret things. The IACHR further notes that affects the

144
Roemen and Schmit v. Luxembourg - 51772/99 [2003] ECHR 102
145
Concluding Document of the Vienna Meeting 1986 of Representatives of the Participating States
of the Conference on Security and Co-Operation in Europe, held on the Basis of the Provisions of
the Final Act Relating to the Follow-Up to the Conference.
146
Organization for Security and Co-operation in Europe, The Representative on Freedom of the
Media, Access to information by the media in the OSCE region: trends and recommendations,
Summary of preliminary results of the survey, 30 April 2007.
themselves because they should have confidence in the secrecy of their information when
disclosing it under specific circumstances. The IACHR further claims that disclosing
informants' identity has a detrimental and frightening effect on journalistic investigations.
Future sources will be less willing to cooperate with during an investigation. The guiding
idea behind the right to secrecy is that by acquiring and sharing information that would
otherwise remain hidden, journalists perform a crucial public service in their quest to
inform the public. Giving legal guarantees to protect anonymity and avoid potential
repercussions can result publication of specific a requirement of professional secrecy.
Since society has entrusted journalists with the responsibility of is a crucial component of
journalism.
The Commission reiterated the value of source protection in 2002 and acknowledged
that it is a privilege afforded to journalists rather than a responsibility imposed upon
them. Journalists have. Social communicators withhold any information or documentation
that was obtained in confidence or during research. Journalists can reassure sources that
their names will stay secret by maintaining professional confidentiality, which allays their
concerns about suffering consequences if they reveal information. As a result, journalists
can perform the crucial public duty of gathering and distributing information that would
not be made public without safeguarding source anonymity. Thus, maintaining one's
privacy is essential to a journalist's job and to the responsibility society has placed on
journalists when it comes topics of. It significant stress, unless necessary for reasons of
professional conduct or ethics, this right does not obligate social communicators
sources.147
Union of Africa
“guarantees the individuals access freely express and share their opinions 148”.
Additionally, it emphasizes the importance of disseminating these opinions. 149 In 2002,
the. This declaration serves as a comprehensive set of guidelines for countries that are
members of the African Union (AU) on how to safeguard the confidentiality and
protection of sources of information. These guidelines aim to ensure that member states
uphold effectively safeguard the sources used in journalism, research, and other forms of
information dissemination.

147
Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116 Doc. 5 rev. 1 corr.,
http://www.cidh.org/Terrorism/Eng/part.k.htm
148
“Article 9 of the African Charter of Human Rights”
149
“Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982)”,
 XV Source Protection and Other Journalistic Content
Unless specific requirements are met, media professionals and withhold information
utilised for journalistic purposes.
• If disclosing a source's identity is required charged with crime, media may be forced
to do so; additionally,
• Only if the potential harm to learning the facts can confidential source's disclosure be
justified.
In cases where a court has issued an order for disclosure, following a comprehensive
hearing, the media may be obligated to reveal the confidential source or disclose the
material they hold for journalistic purposes.150
Constitutional Rights

Approximately 20 countries worldwide have integrated provisions for protecting the

confidentiality into their national structures. Practice particularly prevalent in with
countries in the region including some form of nation laws. , only few countries adopted
such shields, in countries the number is even smaller. Act which is Swedish offers the
most comprehensive protection, as it is enshrined in the constitution. According to this
act, individuals acting as sources for journalists have an inherent right to remain
anonymous. It is considered a offense reporters breach with the legal falling staff
members. The identities of informants are fiercely protected and are only ever revealed in
specific situations, like those concerning national security. Officials are expressly
forbidden by the Act from conducting investigations unless specifically permitted.
Additionally, these rights are expanded to include radio, television, and other
technologies under provision.

relevant ex is found in the asserts that cannot actions that impede explicitly states a
genuine reporter cannot be compelled by the government to reveal information obtained
during a professional investigation and cannot be jailed for refusing to do so

In many cases, constitutional protections are framed within the broader c

confidentiality is a part. Similar to this, the Brazilian Constitution ensures that everyone
has access to information while protecting the source's secrecy when doing so is
necessary for work-related tasks.”

150
“African Union, Declaration of Principles on Free Expression. Adopted by The African Commission
on Human and Peoples’ Rights, meeting at its 32nd Ordinary Session, in Banjul, The Gambia, from
17th to 23rd October 2002”.
 Some Latin American countries incorporate a qualified within right habeas data. In
Argentina, the Federal Constitution's Article 43.3 on Habeas Data ensures that the secrecy
of journalistic sources remains intact., the judiciary broadly. Constitutions of 1999
venezuela
It is important to note that automatically guarantee although they mention in the laws
the need for laws to protect professional secrecy, no specific legislation has been enacted,
and recent cases have emerged in both jurisdictions.
Furthermore, several countries have determined that protecting sources is an inherent
element. In Germany, the Constitutional held 1966 that press freedom includes preserving
the secrecy of communications between the press and personal information sources. The
importance of such protection was emphasised by the court in order to enable successful
information provision.151
The Constitutional Court reaffirmed in 2007 that newsroom searches conducted as
part of state secrets investigations breached the of and were "constitutionally
inadmissible" during initial investigations.152
SC declared in 1973 that it is not constitutionally protected for decline to did stress
that the government cannot launch inquiries with the intention of jeopardising a reporter's
connection with their sources. Business, but courts should watch out for misuse of search
warrants.153
6.2.3Laws that Provide Absolute Protection
Approximately 20 countries around the world have implemented legislation that
grants unconditional safeguard their bases. establish protection as an essential right that
cannot be overridden by other interests. Although these laws are primarily prevalent in
Latin American nations with constitutions and laws that possess absolute characteristics,
several as well as in numerous state laws within the US.
• For example, the source of a professional secret is entitled to full protection,
and no one can demand that it be disclosed, according to -enacted and
Expression. Similar to Mexico, the country passed a law
• in 2006 that guarantees complete confidentiality for source names, phone
numbers, archives, and any other information that can identify the source's
identity. It also makes officials who abuse this privilege subject to criminal

151
“20 BVerfGE 162 - Spiegel, 5 August 1966”.
152
“1 BvR 538/06; 1 BvR 2045/06 – Cicero, 27 February 2007”.
153
“Zurcher v. Stanford Daily, 436 U.S. 547 (1978)”.
 penalties.
• The Press Act of Indonesia recognises the "Right to Refuse" for journalists,
enabling them to conceal the names and identities of their sources.
• Journalists are free, when testifying as witnesses, under the procedure of crime
in France, to withhold source of information gathered during their work.154
• According to Turkey's Press Law of 2004, no publisher, responsible editor, or
owner of a periodical can to reveal provide testimony about them.155
However, despite the existence of laws guaranteeing an absolute right to protect
sources, there are instances where this right may be overridden by other laws or practices.
In some countries source, although may be the existence relevant laws. Problems
concerning sources and surveillance can also jurisdiction of absolute liability. For
instance, violated constitutional values. The court argued that in Civil cases 156 aimed at
protecting a person's constitutional rights, the harm caused by absolute protection would
outweigh the benefits.
6.2.4Information that is Safeguarded

The necessity to safeguard sources extends beyond simply ensuring the anonymity of
individuals who provide information. There exist numerous other circumstances in which
the information or testimony falls within the scope of source protection.
Information about the source or that might be used to identify them
Many laws offer protections for information. These protections encompass various
aspects, such as the actual content of received information, documents obtained, and
personal information like phone records.
In certain situations, journalists may be requested to submit the physical materials they
received from a source. These materials are then subjected to various examinations, such
as fingerprinting, DNA testing, or scrutiny for distinguishing marks. A case in the United
Kingdom exemplifies this, where Peter Preston, the that had been leaked to him by an
anonymous individual. This action was prompted by a ruling made by the Court of
Appeals.157 It was subsequently discovered that the documents originated from Sarah

154
“Indonesia 1999 Law No 40 On Press, § 1 (10)”.
155
“Press Law, No: 5187, §12, 9 June 2004”.
156
“Code of Procedure in Private Litigation, No. 91/1991”.

157
“See Peter Preston, How not to defend your source, British Journalism Review Vol. 16, No. 3,
2005, pages 47-52”.
Tisdale, an employee of the sentenced to imprisonment.
Unpublished information

Journalists are often asked to hand over unpublished materials, such as notes, draft
articles, unedited video and audio recordings. Even if these materials are not from
confidential sources, there are concerns about how this could affect the free flow of
information. When people are aware that the information they provide to the media.
Investigative journalists have occasionally turn over notes, interviews suspects while
writing books or documentaries on crimes in both the US and Canada. For instance, after
a murder case in Houston was unsuccessful, freelance writer Vanessa Leggett was
imprisoned because she refused to turn over relating to a book she was writing at the
time. She had no authority to suppress the information, according to the 5th Circuit Court
of Appeals. Similar demands were made of Canadian reporter Bill Dunphy from the
Hamilton Spectator in 2006 over the transcripts of his conversation with a possible
murderer. However, June 2007, Ontario Court of Justice overturned this order,
determining and the necessary laws.
Arises when journalists capture video or take photographs at significant events but
choose not to publish them. For instance, in 2006-2007, because he refused to hand over a
person for unpublished videotape
US, it is very common for requests to be made for both footage of organizations. As a
result, many media organizations now charge fees for providing published video content,
which has significantly reduced the number of requests they receive.
“Bartnicki v. Voppe”r158 was a sc case said that the First Amendment protects the
disclosure of information obtained illegally by a third party,

Society Professional Journalists Code of Ethics includes a principle stating that

journalists should Avoid using undercover agents or other covert techniques unless using
open, conventional techniques won't produce knowledge that is essential to the public.
The National Press Photographers Association Code of Ethics includes a principle stating
that photojournalists privacy respect and "avoid intruding on private moments" without
the subject's consent. Provides legal assistance to journalists by committee of press or
freedom seeking to protect confidential sources and information. Was a SC case
involving Papers, in which the held, but did159. IT Act, which is free flow which has been

158
“ 532 U.S. 514 (2001)”,
159
“The New York Times Co. v. United States”
introduced in Congress several times but has never been passed, would provide federal
protection for journalists' confidential sources in certain circumstances.

In 2005, for example, SC of Judith Miller a constitutional before about their

confidential sources, unless the government's demand for such testimony is "outweighed
by a substantial government interest" and the information cannot be obtained by other
means. However, several states have passed shield laws that provide additional
protections to journalists. strength, generally provide that journalists cannot be unless the
government can and that it cannot be obtained by alternative means.

In addition to these court decisions and shield laws, many news organizations have
established their own policies and procedures for protecting the confidentiality of their
sources and maintaining the independence of their reporting. These policies often include
requirements for obtaining multiple sources and verifying information before publication,
as well as measures for protecting the anonymity of sources and securing sensitive
information.

“Van Buren v. United States”160, which issue be prosecuted for accessing a computer
database for personal gain, even if he had been authorized to access the database in his
capacity as a police officer. While the case was not specifically about journalists and their
sources, the Court's ruling could have implications for the, as it emphasized importance
limiting scope of law.

161
“Riley v. California - while not specifically a case about journalists and their sources,
this sc the contents of a suspect's cell phone without a warrant. The Court held that such
searches were generally prohibited by the prohibition on, and that a warrant was required
except in certain narrow circumstances.

“Gonzales v. National Broadcasting Co” 162- this case involved a dispute over whether
the federal government could subpoena unaired portions of a television interview with a
suspected terrorist. SC declined, allowing a lower court ruling in favor of the television
network to stand. The lower court had held that about amendment which 1 st and media
right.

160
593 U.S. ___ (2021),
161
573 U.S. 373 (2014)
162
194 F. 3d 29, 36-37 (2d Cir. 1999),
6.3Who are journalists?

An issue commonly encountered in cases involving determining the and the extent of
their protection. With the constant evolution of media, new forms of communication are
continually emerging, and existing laws often struggle to keep pace. Consequently,
journalists who utilize new technologies to publish their work are often not in more
established media.
Belgium's comprehensive safeguards in this regard. It defines journalists as
individuals who work either independently or for an organization and contribute r through
media outlets serving. 163
United States, whether an individual considered and be entitled to source protection. To
meet the criteria, involved.
Other nations have rules that solely offer protection to certain media kinds. For
instance, the protection of sources provided by the radio and television act. In reality,
though, print journalists have also been granted similar privileges by the courts. Similarly,
people associated with or employed by newspapers, magazines, or other periodicals, such
as publishers, editors, and reporters, are covered by the state constitution and shield laws
of California.
Before receiving source protection, journalists are frequently required to get official
press licences from their respective governments. A potential drawback of this provision
is that it forces journalists to get a licence or other official recognition before they may
receive legal protection for their work.

163
Arrêt n° 91/2006 .
 7-: CHAPTER

CONCLUSION & SUGGESATION

7.1Conclusion

Using and protecting confidential sources the person journalist facing problem, are
complex and multifaceted. in ensuring a vibrant democracy by bringing forth information
However, they often encounter numerous obstacles that impede their ability to effectively
use and safeguard confidential sources.
One significant challenge is the presence of a comprehensive legitimate outline that
guarantees protection of reporters and their sources. While India recognizes the
importance of press freedom, there is no specific legislation or legal provision that
explicitly safeguards the anonymity of confidential sources. This legal vacuum creates
uncertainty for journalists and exposes them to potential legal repercussions and pressure
from powerful entities seeking to suppress information.
Moreover, journalists face social and cultural obstacles in establishing and maintaining
trust with potential confidential sources. Fear of retaliation, societal stigmas, and a lack of
awareness about the importance of whistleblowing hinder individuals from coming
forward with sensitive information. This inhibits journalists from uncovering and
reporting on critical issues that could otherwise have a significant impact on society.
Additionally, technological advancements have introduced new challenges for
journalists. In the digital era, tracking and identifying sources has become increasingly
feasible, putting confidentiality at risk. Surveillance tools, data breaches, and electronic
monitoring techniques pose serious threats to the protection of sources and, consequently,
journalistic integrity.
 Financial pressures also play a role in hindering journalists' ability to protect
confidential sources. Journalists often work in resource-constrained environments, with
limited funds to invest in secure communication channels or legal support. This lack of
financial resources further exacerbates the vulnerability of journalists and their sources,
making it difficult to ensure their safety and confidentiality.
To address these challenges, legislation that explicitly protects journalists and their
confidential sources. Such legislation should incorporate clear guidelines and safeguards
against undue pressure or legal action. Furthermore, awareness campaigns and
educational initiatives should be implemented to foster a culture that values
whistleblowing and encourages individuals to come forward with information without
fear of reprisal.
Additionally, news organizations should invest in secure communication technologies
and provide training for journalists on best practices for source protection. Collaborative
efforts between media outlets, civil society organizations, and legal professionals can also
contribute to creating a supportive environment for journalists and their sources.
While regarding challenges in our country the use and protection of confidential
sources are significant, they are not insurmountable. By addressing the legal gaps,
societal barriers, technological risks, and financial constraints, India can foster an
environment where journalists can effectively utilize and protect confidential sources,
thus upholding the principles of and accountability in a
The need for robust legislation to protect journalists' rights and promote transparency,
accountability, and democracy in India cannot be overstated. The role of journalism in a
democratic society is crucial, as it serves as the watchdog that holds those in power
accountable, informs the public, and facilitates an open exchange of ideas and
information. However, journalists in India face numerous challenges and threats that
hinder their ability to fulfill this vital role effectively.
Through comprehensive legislation, India can provide legal safeguards to journalists,
ensuring their safety and protecting their. This legislation include provisions specifically
address violence against journalists, such as physical attacks, harassment, and
intimidation. Additionally, laws should establish clear mechanisms for investigating and
prosecuting perpetrators, sending a strong message that such actions will not be tolerated.
Furthermore, robust legislation should other powerful institutions. Access to
information laws should be strengthened, ensuring that journalists have bodies. This will
enable journalists to uncover corruption, expose wrongdoing, and keep the public
informed. Whistle-blower protection laws should also be enacted to encourage
individuals to come forward with valuable information without fear of reprisals.
To strengthen democracy, legislation should promote media diversity and prevent
monopolistic control over media outlets. Anti-concentration laws can be enacted to
prevent excessive ownership and control by a few entities, fostering a plurality of voices
and perspectives. Furthermore, legislation should ensure that public broadcasters remain
independent and free from political interference, serving the public interest rather than
partisan agendas.
A robust legal framework is essential to protect journalists' rights, foster transparency
and accountability, and strengthen democracy in India. By enacting comprehensive
legislation, India can create an environment where journalists can work freely and
fearlessly, uncovering truth, exposing corruption, and serving as guardians of democracy.
Such legislation will not only safeguard journalists but also benefit society as a whole by
promoting an informed citizenry, holding power to account, and upholding the principles
of democracy.
In conclusion, the way forward for journalists' rights in India necessitates a
comprehensive approach that addresses both legal frameworks and societal attitudes.
Despite the existence of constitutional protections and judicial pronouncements upholding
press freedom, journalists in India continue to face numerous challenges, including
violence, censorship, and threats to their independence. To ensure a conducive
environment for journalists to exercise their rights and responsibilities, it is crucial to
focus on several key aspects.
Firstly, legal reforms are imperative. The existing legal framework must be
strengthened and aligned with international standards of press freedom. Clear and
unambiguous legislation enacted to protect journalists from physical attacks, intimidation,
and harassment. Specialized courts or designated mechanisms can be established to fast-
track cases related to crimes against journalists, ensuring timely justice.
Secondly, fostering a culture of media literacy and public awareness is essential.
Media literacy programs should be incorporated into school curricula, enabling citizens to
critically analyze news and understand the significance. Civil society organizations,
media houses, and the government should collaborate to promote responsible journalism
and of journalists' rights.
Thirdly, robust system of accountability must be established to combat censorship and
undue pressure on journalists. Independent regulatory bodies can be and fairness media
governance. These bodies should have representation from diverse stakeholders,
including journalists' associations, media organizations, and the public, to maintain a
balance of interests.
Fourthly, the safety of journalists should be prioritized. Comprehensive safety
protocols and guidelines should be developed in consultation with journalists'
associations; taking into account the specific challenges faced by different types of media
professionals. Adequate training and resources should be provided to journalists to
enhance their physical and digital security, enabling them to carry out their work without
fear.
7.2 Suggestion
Essential for every person a clear comprehensive law that safeguards the
confidentiality of the persons and protection.
All participants in the journalism process, including editors, commenters, part-time
and freelance writers, as well as novices to the industry, should be covered by these laws.
These safeguards must be applicable regardless of the medium or format used, whether
print, broadcast, electronic, internet, or books. Additionally, those with business
relationships to journalists, such as media organisations, firms, included by these rules.
They should never force reveal the names, as well as any notes, papers, or reporting
techniques.
Only really serious criminal cases should be granted access to protected information.
Such a request certain requirements have been satisfied could disclosure of the material
be approved.
Protected information should only be obtained in the most serious criminal cases, with
strict limitations.
1. To obtain the information, an independent judge must approve a request in an
open hearing, allowing for human and the body.
2. If the government can persuade the court that: a. the information is required to
stop an urgent significant physical injury or establish someone's innocence,
disclosure should take place. Investigating information exposure to a journalist
alone shouldn't count as a crime. b. With a narrow focus, the information is
essential to the case's main question of guilt or innocence. c.
5. Avoiding source protection should not involve the use of surveillance
techniques like wiretapping. Governments should refrain from passing laws that
 violate journalists' rights to source protection by requiring the routine gathering or
surveillance of all telecommunications data.
6. in proceedings, reluctance to shouldn't interfere with the defense's ability to
present evidence or have an impact on the presumptions of liability.

Any time the privacy of journalistic sources has been compromised, it should be feasible
to apply penalties and demand restitution. Any information or evidence gathered in
defiance of these rules shouldn't be allowed to be used in court.
Only those people who are legally required to maintain secrecy, such government
employees, should be subject to the rules that forbid the publication of secret or
confidential information. Outsiders who obtain or disseminate secret or private
information shouldn't be subject to criminal or civil sanctions, including the media and
civil society organisations. Investigating the sources shouldn't be done through the filing
of criminal charges.
Whistleblowers should be shielded from repercussions in the form of legal,
administrative, or employment-related issues if they divulge confidential or non-public
information to the press, elected officials, or the To protect these rights, each state should
set up a complete system with sufficient reporting and oversight procedures. The interests
of whistleblowers should be protected, and those who do so should face consequences.
 BIBLOGRAPHY

International legislations

[1] The American Constitution.

[2] The American Convention on Human Rights 1969.

[3] The Human Rights Act 1998.

[4] The International Covenant on Civil and Political Rights ,1966.

[5] The Madrid Principles on the Relationship between the Media and
Judicial Independence 1994.

[6] The United Nation‘s Convention on the Right of the Child 1989.

[7] United Nations Declaration of Human Rights 1948.

Indian Legislations

1. Cinematograph Act, 1952.

2. Contempt of Courts (Amendment) Act, 2006.
3. Contempt of Courts Act, 1971.
4. Criminal Procedure Code, 1973.
5. Criminal Procedure Code, 1973..
6. Indian Constitution 1950.
7. Indian Evidence Act, 1872.
8. Indian Penal Code, 1860.
9. Information Technology Act, 2000.
10. Official Secrets Act, 1923.
11. The Press and Registration of Books Act, 1867.
12. The Press Council of India Act, 1978.
 Indian Reports

[1] Annual Report of Press Council of India,(1969).

[2] Annual Press Council Reports 1996.

[3] Annual Report of Press Council of India, 2004-05.

[4] “Protecting confidential sources in India: the need for a legal framework” by
sidarth varadrajan, published in the economic and political weekly(Vol. 49,
Issue No. 51, 20 Dec, 2014)
[5] Journalism Ethics: Arguments and Cases for the 21st Century" by Stephen J.
A. Ward (Posted on March 29, 2017 by Stephen J. A. Ward)

[6] "The Journalist and the Murderer" by Janet Malcolm By Malcolm (March 5,
1989)
[7] "Confidentiality and Press Freedom: The Reporter's Privilege and its Limits in
a Time of Terrorism" by Robert M. O’Neil (Vol. 69, No. 6 (Nov., 2006),)
[8] "India's media and entertainment industry" by Deloitte (16 Oct 2012, 02:12
PM IST)
[9] "Press Freedom and the Law in India" by Madabhushi Sridhar Acharyulu
(29-Sept-2014)

[10] Annual Report of Press Council of India 2006-07.

[11] Annual Report of the Press Council of India, 2007- 2008.

[12] Annual Report of Press Council of India 2008-09.

[13] 200th Law Commission Report on Trial by Media, Free Speech and Fair
Trial under CrPC 1973, http://Law Commission of India.nic.in/
register/rep200.pdf retrieved on 4th June 2009.

Others

[1] Defamation Act 1996, (U.K.).

[2] New York Civil Rights law.
[3] Privacy Act of 1974.
[4] The Contempt of Court Act.1981, (U.K.).
[5] The Criminal Justice Act 1991, (U.K.).
[6] The Criminal Justice Act, 1988, (U.K.).
[7] The Criminal Justice and the Public Order Act, 1994 (U.K.).
[8] The Human Rights Act 1998, (U.K.).
[9] The Youth Justice and Criminal Evidence Act, 1999 (U.K.).

Lists of Books

[1] Barry .S. Engel “United States Contempt of Court Principles as applied
in the Asset Protection Planning Context” (Esq., F.O.1.
http:/www.offshoreinstitute.com/contempt.html.

[2] Batuk Lal The Indian Evidence Act 1872( Central Law agency 3rd Edition
2019)

[3] Don R. Pember, Mass Media Law, University of Washington- Seattle –

Wm.C. Brown Publishers, Dubuque, Iowa, (1987).

[4] Dr. Sebastian Paul, Forbidden Zone – Essays on Journalism ,Pranatha

Books, (2005) , p.74.

[5] Dwight L. Teeter.Jr and Bill Loving, Law of Mass Communication –

Freedom and Control of Print and Broadcasting Media, Tenth Edition,
New York Foundation Press (2001).

[6] Indian Evidence Act 1872( Central Law agency 3rd Edition 2019)

[7] M.P .Jain, Indian Constitution Law 98(Kamal Law House, Calcutta, 5th
edn.., 1998).

[8] Peter Carey & Jo Sanders, Media law, Sweet& Maxwell, 3rd Edition
2004.

[9] Sita Bhatia, Freedom of Press, Nice Printing Press, New Delhi, (1997).

[10] Swati Deshpande, ‘Media and Law –A Reporter‘s Handbook’, AMIC

India and UNESCO (2006).

[11] VidishaBarua ,Universal ‘s Press & Media Law Manual, Universal Law
Publishing Co.Pvt.Ltd. (2002).

[12] William A. Hachten, The Supreme Court on Freedom of the Press:

 Decisions and Dissents Ames, Iowa: Iowa State University Press, (1968).

[13] Winston S. Churchill, ‘A History of the English Speaking Peoples, The

Birth of Britain’ Bar nes and Noble,New York (1993) .
Articles

[1] Clari E. Gorman, Publicity and Privacy Rights: Evening out, the Playing
Field for Celebrities and Private Citizens in the Modern Game of Mass
Media, 53 DePaul L.Rev. 1247, (2004)..

[2] Daniel H.Erskine, Esq. ‘An analysis of the legality of Television Cameras
Broadcasting Juror deliberations in a Criminal case’, Akron Law Review,
vol.39, p.701.

[3] John Hughes, ‘Solving the Media’s credibility problem,’ Christian Science
Monitor, Apr.16, 1997, at p.19.

[4] Joseph Elford, Trafficking in stolen information: A“hierarchy of Rights’’-

Approach to the private Facts Tort’’, 105 Yale Law Journal, p. 729(1995).

[5] Journalism Ethics for the Global Citizen, p.1-4, available at

http://www.journalismethics.ca/medialaw/history of free press htm.

[6] Kathryn Webb Bradley, ‘The Court of Public opinion: The practice and
ethics of trying cases in the Media’ Bradley. Cite as (71 – Fall Law &
Contempt Probs.31).

[7] Lyrissa Barnett Lidsky, ‘Prying, spying and Lying: Intrusive news
gathering and what the law should do about it’ 73 Tul. L. Rev.173 1998-
1999.

[8] Melville Brown, Amber “Camera Shy – the Interaction between the
Camera and the Law of Privacy in the UK”, International Review of Law,
Computers & Technology,2008 p.214.http://dx.doi.org/10.1080/1360
0860802496400.

[9] Ruth Gavison, ‘Privacy and the limits of law’, 89 Yale L.J.421, 426
(1980).

[10] U.K. Law Online – Princess Diana, Privacy Laws and press freedom in the
United Kingdom, p. 4.http://www.leeds.ac.U.K./law/ hamlyn/ diana.htm
 retrieved on June 12, 2000 at 10.3
Websites

1. http://en.wikipedia.org/wiki/united ( U.S.A- amendments)

2. Comparison of journalist definition available at
https://work.chron.com/difference-between-journalist-reporter-2868.html (last
visited on 20 June 2023)

3. Definition and importance of protecting confidential sources available at

https://www.mtsu.edu/first-amendment/article/1104/confidential-sources ( last
visited on 21 June 2023)
4. Definition of Journalist in other countries, available at https://sprf.in/laws-for-
journalists-in- India-an-overview/ (last visited on June 20 2023)
5. Freedom of the press important in democracy available at
https://www.humanrightscareers.com/issues/why-is-freedom-of-the-press-
important-in-a-democracy/ (visited on June 21)

6. http://Law Commission of India.nic.in/register/rep200.pdf. (trial by media

report).

7. http://www.hindu.com/2004/02/05 stories/2004020 5 to 951100htm.( trial by

media).. http://www.hrde.net/sahrde/hr( human rights- trial by media). (ISRO
espionage case).

8. http://www.journalismethics.ca/medialaw/history of free press htm.(journalism

ethics).
9. http://www.rminlu.ac.in/content/devesh .(trial by media).
10. http:/www.offshoreinstitute.com/contempt.html.( contempt of court).

11. Legal framework for protection of Journalist available at

https://www.coe.int/en/web/freedom-expression/safety-of-journalists ( last visited
at June 21 2023)

12. Role journalist in democracy available at https://brilliantio.com/why-is-

journalism-important/ (last visited on June 21 2023)

13. www.drudgereport.com. (online violations by media).

14. www.Unesco.org/new/en.(May 3, declared freedom of press day).
http://en.wikipedia.org/wiki/Trial( trial by media).
 Reporting

[1] ‘Ambanis behind YSR Death?’,The New Indian Express ,(Cochin)dt.

8/1/2010, p. 1.

[2] ‘Couple named in Baby P abuse case’ Agence France –presse, London,
retrieved 20/08/2009.

[3] Press Trust of India, ‘What’s the BangaruLaxmanTehelka sting case?’,

Ibnlive.in.com/news.

[4] Law Lecture by Mr. Justice G.N. Ray, former chairman, Press Council of
India on ‘Reasonableness of restrictions on reporting of subjudice matters
on August 31,2008 at Bhuwaneshwar, organized by Gora Chand Pattnaik
Memorial Trust. www.Presscouncil.nic.in/speechpdf/ Bhubaneshwar,
retrieved on 10/5/2010.

[5] News Desk – UK; Law update Contempt of Court http://www.newsdesk-

uk.com/law/contempt.html retrieved on 25/7/09.

[6] ‘Photo journalists summoned for snapping President’,The New Indian

Express, dt.6/1/2011, p.10.

[7] “Self- Censorship at CBS”, editorial in The New York Times, Nov. 12,
1996, p.14.

[8] Law Lecture by Chairman, Press Council of India on August 31, 2008 at
Bhubaneswar, organized by Gora Chand Patnaik Memorial Trust.

[9] B.P. Sanjay, Growing on the reader,The Hoot, Nov.21, 2006 (www.The
hoot.org).

[10] KP Saikiran ‘CLC for Law on Privacy’ January 31, 2009, The New
IndianExpress p.11.

[11] ‘Crimeeditor arrested’, The New Indian Express,dt.4/7/ 2010, p.9.

[12] Report that came to bite them, The New Indian Express ,dt. 9/1/2010, p. 1.