Newly Recognized Fundamental Right to Privacy Protects Individual Not Only from State, But Also from Actions of Private Citizens such as Press or Media: Kerala HC Observes in Solar Scam Case [Read...

“The newly recognized fundamental right to privacy, which takes within its fold the right to protect ones reputation as well, would merit classification as a fundamental right that protects an individual, not against the arbitrary State action, but also from the actions of other private citizens, such as the press or media”.While expunging the findings made by the Justice G. “The newly recognized fundamental right to privacy, which takes within its fold the right to protect ones reputation as well, would merit classification as a fundamental right that protects an individual, not against the arbitrary State action, but also from the actions of other private citizens, such as the press or media”. While expunging the findings made by the Justice G Sivarajan Commission, commonly known as the Solar commission, on sexual allegations against former Kerala Chief Minister Oommen Chandy in the ‘solar scam case’, the High Court of Kerala has observed that the fundamental right to privacy included the right to protect one’s reputation, and that it protects an individual against actions of private citizens as well. Although the commission report has no legal binding force, the findings entered on sexual allegations without following due course of law can pave way to public discussions in media and press. ““The newly recognized fundamental right to privacy, which takes within its fold the right to protect ones reputation as well, would merit classification as a fundamental right that protects an individual, not against the arbitrary State action, but also from the actions of other private citizens, such as the press or media,” observed Justice Jayasankaran Nambiar in the judgment.