A Conflict Of Rights Under The Indian Constitution: Freedom Of Press Vs. Right To Privacy

Anushka Jain, BA.LLB (Hons.), Alliance School of Law, Alliance University, Bangalore

ABSTRACT

Freedom of the press and the right to privacy are two fundamental rights that are often in conflict with each other. On the one hand, freedom of the press is crucial for promoting democracy and ensuring transparency in society. On the other hand, the right to privacy protects individuals' personal information and dignity and is essential for their autonomy and well-being. This research paper examines the legal frameworks for balancing freedom of the press and the right to privacy in different jurisdictions. The paper begins with an overview of the historical and philosophical underpinnings of both rights and the tensions between them. The paper also analyses the challenges and limitations of these legal frameworks, including issues of proportionality, public interest, and journalistic ethics. The research finds that while the legal frameworks in different jurisdictions vary, they share common principles such as the importance of proportionality, balancing competing rights, and upholding ethical standards in journalism. The paper concludes by suggesting ways in which these legal frameworks can be improved, such as strengthening data protection laws, providing clearer guidance for journalists, and promoting dialogue between stakeholders. This comparative study contributes to the ongoing debate on the relationship between freedom of the press and the right to privacy, and provides insights for policymakers, journalists, and civil society actors on how to balance these rights in practice.

Keywords: Democracy, Journalism, Individual, Ethics, Public Interest