Source: The Hindu

Introduction

Supreme Court in the case of Foundation for Media Professionals v. Union of India & Ors. (2023) has stated that there has to be a balancing of interests and proper guidelines need to be framed to protect the interests of the media professionals. Concerns were raised as the laptops and other devices of journalists were seized and searched.

What is the Concern of the Foundation?

• The Foundation raised the issue that “legal possibility for being compelled to hand over one’s digital devices which contain a trove of not only sensitive personal data but also sensitive and confidential professional information.
• Such information includes the details of informants, sources, financial data, without these having any nexus between purported law enforcement interests, casts a serious and indelible chilling effect across society generally, and the journalist community more specifically which has been rendered unable to fully exercise its basic constitutional freedom of speech and exercising one’s profession”.

What is the Observation of Court?

• Justice Sanjay Kishan Kaul and Sudhanshu Dhulia heard the matter where Justice S K Kaul said “These are media professionals who will have their own sources and other things. There must be some guidelines”.
• The court said to investigating agencies that, “if you take everything away, there's a problem. You must ensure that there are some guidelines”.

What are the Views against Seizure?

• If a journalist's communication devices can be taken away and their information checked just based on weak claims, it puts at risk the people who provide information and makes it difficult for journalists to do their work.
• This not only affects press freedom but also harms journalists' right to livelihood enshrined under Article 21 of the Constitution of India, 1950 as digital devices are crucial for their job.
• The encroachment in the investigating devices of media professionals who are the fourth pillar of a democratic nation is against Article 21 of the Constitution of India, 1950.

What is the Right to Livelihood under the Constitution?

• The right to livelihood in the Constitution of India is not explicitly mentioned as a fundamental right.
• However, it is derived from the broader right to life and personal liberty guaranteed under Article 21 of the Constitution.
• Article 21 states: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
• Over the years, the SC has interpreted the right to life expansively to include the right to livelihood.
• The court has held that the right to life under Article 21 includes the right to live with dignity, and earning a livelihood is an essential part of a dignified life.
• In Olga Tellis v. Bombay Municipal Corporation (1985), the SC observed that the right to livelihood is part of the right to life under Article 21.
• Similarly, in the case of People's Union for Democratic Rights v. Union of India (1982), the court recognized the right to livelihood as a fundamental right.

Conclusion

The Foundation for Media Professionals case (2023) reinforces the significance of upholding constitutional values while addressing the challenges posed by evolving technologies. It serves as a reminder that in the pursuit of justice, it is imperative to protect the rights and freedoms that form the bedrock of a democratic society.