INDORE INSTITUTE OF LAW

AFFILIATED TO DAVV & BCI

SUBJECT: MEDIA LAW

TOPIC: DYNAMICS OF JOURNALISTIC PRIVILEGES – A STUDY
PRESENTED BY: Ritika Sahni
PRESENTED TO: MR.Litson Stephen
INTRODUCTION

• The protection of journalists’ sources of information is a basic

condition for both the full exercise of journalistic work and the right
of the public to be informed on matters of public concern.

• Journalists’ privilege is the right of a journalist to refuse to divulge

sources of confidential information.

• It shields the reporters from being compelled to name confidential

sources in court proceedings.
NEED FOR JOURNALISTIC PRIVILEGES

• Free flow of information without any interruptions.

• Protect the secret or sensitive information.
• To maintain the anonymity.
• To avoid the difficult choice when a court orders them to produce the
names of sources, other confidential information, or other materials.
• To avoid the contempt.
• To protect the identity of confidential sources.
JOURNALISTIC PRIVILEGES IN INDIA

• Confidential information.

• The legal obligation to give evidence and exceptions to it.

i. Constitutional privilege
ii. Indian Evidence Act, 1872
THE STAND OF JUDICIARY

• Jai Prakash Aggarwal v. Vishambhar Dutt Sharma and Ors.

• Dr. S. Krishna Rao v. Ushodaya Publications

CONCLUSION

• It was suggested to the Congress that the need for an absolute

privilege may fail the function of the courts and that a qualified
privilege might be the best.
• According to Professor Stone there can be a rule that limits the
privilege
i. to prevent an imminent and grave crime or threat to the national
security;
ii. where the disclosure is unlawful.
THANKYOU