PRIVACY AND THE MEDIA: A CRITICAL ANALYSIS
Sahina Mumtaz Laskar
2nd Semester; LL.M.
Department of Law
Assam University, Silchar
“There are laws to protect the freedom of press, but none that are worth anything to protect the people from the press”………………Mark Twain. The media in India enjoys a great deal of freedom and when it is threatened, the response is vociferous. Nevertheless, there is the need to maintain a balance between free expression and other community and individual rights; hence this responsibility should not be borne by the judiciary alone, but by all those who enjoy these rights.
The strength and importance of media in a democracy is well recognized. It plays the role of a conscious keeper, a watchdog of the functionaries of society and attempts to attend to the wrongs in our system, by bringing them to the knowledge of all, hoping for correction. It is indisputable that in many dimensions the unprecedented media revolution has resulted in great gains for the general public. Even the judicial wing of the state has benefited from the ethical and fearless journalism and taken suo motu cognizance of the matters in various cases after relying on their reports and news highlighting grave violations of human rights. The criminal justice system in this country has many lacunae which are used by the rich and powerful to go scot-free. Figures speak for themselves in this case as does the conviction rate in our country which is abysmally low at 4 percent. In such circumstances the media plays a crucial role in not only mobilizing public opinion but bringing to light injustices which most likely would have gone unnoticed otherwise.
The Indian media enjoys two fold protections under the Constitution, in the form of Article 19(1) (a) [freedom of free speech and expression] and Article 19(1) (g) [freedom to engage in any profession, occupation, trade or business]. In today’s world, it is very difficult for any medium to strike a balance between responsibility to do good work and the urge to gain more profit and thus on this point the conflict of the media with the privacy of a person is coincided. It is true that the freedom of media is the very test upon which a democratic nation belongs. Liberty is an essential ingredient of any society. Almost, the Preamble of every Constitution declares a common object, that is – to secure liberty of thought and expression but liberty when disturbs morality becomes a bane rather than a boon. Thus, the media should be aware of its huge responsibility upon the society and work accordingly. Our Constitutional framers could foresee that if the freedom of press is not regulated without any restriction how it can create havoc in the society and thus they mandated the restrictions upon Article 19(2). But law cannot become enforceable if it is restricted only to books, statutes, Acts etc. Judicial interpretation is a core element for the law to be validated. The position of freedom of media has been legally upheld and explained many times by the Apex Court but the freedom of access to all such sources of information which is a very delicate issue has not yet been interpreted properly. Today’s media which is so concerned about marketing, earning high TRP’s, placing itself as number one etc., has forgotten the dignity and responsibility which the profession contains. And since there is no law to guide the media that what exactly pricks the privacy when it has to gather information, clashes arise. The term "privacy" means many things in different contexts. Different people, cultures, and nations have a wide variety of expectations about how much privacy a person is entitled to or what constitutes an invasion of privacy. Privacy when broadly spoken, may deal with the freedom of thought, control over one’s body, peace and peace and solitude in one's home, control of information regarding oneself, freedom from surveillance,...
...right, privacy has a long history. It is hard to give a clear definition of privacy since it is a broad idea. Sexual identity, lifestyle, credit information, medical records and communication data, etc. are all human right to be kept in privacy. But in recent years numerous cases of breach of confidence are presented in public, especially on business and political secrets and lives of prominent people. Since European Convention on Human Rights was effectively absorbed into British law in the HRA in 1998, conflicts never stop between right to privacy and right to freedom of speech. A coherent line of reasoning for deciding what information should be regarded as private and what should be open to public scrutiny is urgently needed.
Max Mosley v News of the World
In 30th March 2008, News of the World exposed a two-page paper heading "F1 boss has sick Nazi orgy with 5 hookers", in that paper, Neville Thurlbeck, the chief reporter, refers to describe Max Mosley as a sick Nazi-Style torturer according to the video secretly filmed at Max Mosley's flat in London by one of the five women. In that video, Max Mosley is playing some S&M games with five women. After that Max Mosley admitted a sado-masochistic sex session with five hookers, but denied on a Nazi theme since the reporter claims this paper concerns public interest because Max Mosley's father was the 1930s fascist leader Sir Oswald Mosley. The High Court ruled...
February 18, 2013
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The publishing company for Marie Claire is Hearst Corporation. The parent company of Marie Claire is the National Magazine Company Limited. The parent company is not affiliated with other corporations, it is involved mainly in communication within it’s own industry. This includes: newspapers, magazines, broadcasting, entertainment, and real estate.
In reference to lecture, it is important to understand that many board members are affiliated with different corporations. There is the potential for one corporation to impress beliefs and influence upon other corporations (Smith, 2013). Hearst Corporation is strictly affiliated with it’s own corporation with little to...
...A CriticalMediaAnalysis of Friends
In the 1990s there was a resurgence of the “all-American sitcom”. Situation comedies have been a popular form of television since the media was developed. They are characterized by two camera shots, singular sets that are only viewed from a few angles and a cast of (hopefully) hilarious characters. In the 1990s popular sitcoms included: Friends, Drew Carey Show and Seinfeld. These were all popular American television programs portraying America. But portraying what vision of America? Look at the cast of Friends: Ross, Chandler, Joey, Rachel Monica, and Phoebe: all white characters. Why don't these characters have any minority "friends"? What happened to programs such as the Cosby Show or the Fresh Prince? Why were (and why are) all-white television shows so popular in America and what happened to minority-based shows? Today's television depicts popular white America while leaving out minorities. The lack of ethnicity on television shows, such as Friends, gives America an inaccurate idea about minorities.
Americans live in a society where ethnicity is frequently depicted as sinful. People are not shocked to see minorities being arrested or convicted on the news. Frequent viewings of the “news magazine” Dateline reveals a pattern of African-American and Mexican men being labeled as murderers. What would be the public's reaction if they went to watch television...
...They Say / I Say Essay 1
CriticalAnalysis: Social Media
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Focus on sustainability has appeared on the face of the earth over the last ten years and a lot of books and articles are published on the topic of sustainability. Early on, John Elkington developed and promoted the concept of “Triple Bottom Line” in his book Cannibals with Forks: The Triple Bottom Line of 21st Century Business which was published in late 1999 (Creating a Sustainable Organization: Approaches for Enhancing Corporate value through Sustainability By Peter A. Soyka, Pg. 1) The concept of sustainability is transformed to cover three basic components known as the Triple Bottom Line which are complexly linked to one another: profits-it is the economical part that balances financial growth with awareness and concern for the social good and environmental stewardship; planet-it is the environmental part that safeguards and preserves the natural qualities of our ecosystem for the benefit and health of future generations; people-it is the social equity part that safeguards the benefits of opportunity and equality for every individual. The growing importance of sustainable development establishes a significant and developing challenge for environmental economics and natural resources. This challenge is such big that if it is not measured and controlled then it will ruin the life of the future generations that’s the reason why every field now a days strive to work hard to have Sustainable Value Creation (SVC). The question arises what is...
...Claussen, Dane S. 2004, ‘Cognitive Dissonance, Media illiteracy and Public Opinion on News Media’, American Behavioral Scientist, Volume 48, Issue 2, pp. 212-218.
The article ‘Cognitive Dissonance, Media Illiteracy and Public Opinion on News Media’ is examining and discussing public opinion, media illiteracy and cognitive dissonance. The author takes you through a break down on public opinion of newspapers and television news and shows why a lot of the quantitative research taken over the past several decades is in fact invalid. The main purpose of this article is to compare and contrast newspaper and television news, and investigate the reasons why one source is more credible and reliable than the other. He also discusses the decline in the audiences of both.
Many other scholars have cited Claussen as to why he believes people choose TV news over newspaper is because ‘it is human nature to want a name and a face and a voice with communication’ (Claussen, 2006).
It touches on the questions raised by other papers regarding the creditability of TV news and why people choose to watch the news as entertainment instead of reading newspapers for the facts, which also shows the differences in public opinion over the several decades in which the information is gathered.
It follows in with fields of study such as journalism, media studies and mass communication as...
TITLE: MEDIA AND THE INVASION OF PRIVACY
AKANDE ADEFEYISAYO ADEBOLARINWA
• SUBMITTED ON 30th JANUARY, 2010
Media practitioners possess the function of gathering, processing and disseminating news item to a heterogeneous large audience which often times not done with sound moral judgement in mind lands them into pool of troubled waters. Celebrities, politicians and other sought-after sources of news have over time expressed justifiable anguish over the diminishing aspects of their lives that are no longer free from prying eyes and publication from the press. They routinely assert that members of the media violates their privacy based strictly on their need to publish any news story that comes their way for the main purpose of profit and simply can not distinguish what type of information is private, public or newsworthy.
Journalists, however, often possess diverse concepts of privacy and newsworthiness, and know that the issue is more complicated based on the fact that reporting news stories in a way that serves and informs the public will often require publicizing details or displaying images that will mortify or anger someone.
To make privacy issues even more complicated for journalists, courts constantly redefine what is private based upon interpretations of the elusive legal standard...
Social Media Invasion of Personal Privacy
By: Jacovah Ling
What happen to the days of writing a letter, personal conversing, or talking on the telephone? With the invention of social media these conventional ways of communication has become almost non-existed. I could recall my middle school years of writing love letters to little girls and passing funny notes to others students in the classroom. Technology has made communication less interpersonal and more complex. Love letters would only be known to the girls who read and receive them. Yes, some of the girls may tell and allow some of their friends to read the letters, but it's far better for maybe 10 or 20 people to be aware of my personal feelings compared to the millions who could potentially access to it if I were to post it on a Facebook page. How did communication become so less interpersonal? Technology is slowly emerging into critical stages of invasion and negligence of personal privacy.
Web 2.0 allows people to communicate with each other without speaking one word. The creation of Web 2.0 allows social media sites such as Facebook and Twitter possible. “Web 2.0 allows you to read and write content on web pages. The visitors to Web 2.0 pages are the ones responsible for creating the value and content "(Bowles, 2013). We are responsible for the value and content, but who is...