International Journal For Multidisciplinary Research

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Reconciling Privacy And Media Ethics In India: A Rights-Based Analysis In The Age Of Data Protection

Author(s) Mr. Rishav Dogra, Prof. Dr. D.P. Verma
Country India
Abstract “The liberty of the press is indeed essential to the nature of a free state: but this consists in laying no previous restraints upon publications, and not in freedom from censure for criminal matters when published. Every freeman has an undoubted right to lay what sentiments he pleases before the public: to forbid this, is to destroy the freedom of the press: but if he publishes what is improper, mischievous, or illegal, he must take the consequence of his own temerity.”
Supreme Court of India in a decision said that right to privacy is basic right, enshrined by the Constitution of India. Nine judge‘s bench of the apex court gave a verdict on August 24 2018 In Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India & Ors. (2015) . The following points from the Supreme Court judgment will make it comprehensible: 1. Privacy emerges first and foremost from Article 21 of the Constitution of India from right to life and individual liberty. Elements of privacy appears in variable contexts from dignity documented and few by the fundamental rights restricted in Part III of Constitution. 2. The Supreme Court judgment recognized the existence of a constitutional right of privacy but didn‘t made amendments in the Constitution nor did it directed to law making bodies. 3. According to Supreme Court‘s decision, privacy secures self-esteem and dignity of human being. Privacy caters those values on which the Right of life, liberty and freedom are guaranteed also privacy works with person‘s entitlements and their wellbeing which assimilate at the groundwork of liberty. 4. Privacy includes securing individual‘s personal life, the sanctity of family life, marriage, home, sex life and emotion sharing. Safeguarding and preserving individual‘s life, independence recognizes the ability of the human being to control essential or crucial features of his or her life.
5. Privacy does not end when a human being is at public place, by being in public place doesn‘t postulates that privacy has come to an end, even as the valid expectation of privacy may vary from the recreational zone to the secluded zone and from the structured to the public arena.151 Privacy is attached to the person since it is enjoyable by a person at times when he wishes to, and it is also an indispensable facet of the human nature as in few things a person is not comfortable and he or she wants to keep things in privacy.. 6. Can state law encroach upon privacy? The enactment of Digital Personal Data Protection Act, 2023 represents India’s legislative response to these challenges. While the Act introduces principles such as lawful processing, consent, purpose limitation, and accountability, its application to journalistic activities remains contested.Thus, the central inquiry of this Paper is:How can Indian constitutional law reconcile media freedom with the evolving right to privacy in the age of data protection?
Keywords Right to Privacy, Freedom of Press . Justice K.S. Puttaswamy v. Union of India , Article 21 (Constitution of India), Digital Personal Data Protection Act, 2023
Field Sociology > Administration / Law / Management
Published In Volume 8, Issue 3, May-June 2026
Published On 2026-05-07
DOI https://doi.org/10.36948/ijfmr.2026.v08i03.77355
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