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Media to be a "public authority" for the purposes of the Constitution of India

 

Delhi High Court deemed the media to be a ‘public authority’ for the purposes of the Constitution of India

 

Supreme 
Court in Zee Telefilms Ltd. (supra), in Para 33, observed that when a private 
body exercises public functions, even if it is not a state, the aggrieved person 
has a remedy not only under the ordinary law but also under the 
Constitution, by way of a writ petition under Article 226

In the light of the aforesaid discussion, I am of the view, that the press 
and the media perform a public function and discharge a public duty of:
disseminating news, views & information;

The controversy in the present case, as aforementioned, relates to the 
alleged disclosure of the identity of the petitioner‟s daughter, who had 
reported a case of alleged child s*xual abuse against her own father, by the 
respondents herein. The duty of the respondents herein to maintain utmost 
secrecy and confidence in the matter of identity of the petitioner‟s daughter 
has not been disputed.  Such a duty of the press & media stems from the 
need to prevent  social obliteration and humiliation of the victim.  The 
potential of the press and media to cause such harm is immense because the 
press and the media enjoy a position of trust in the society and also because


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