Report No. 93
8.3. Comments received on the third question.-
The third question put forth in the Working Paper concerns the matter to be protected. Should the protection be limited to what has actually been published, or should it extend to all information, published or unpublished?
A High Court has expressed the view that a journalist should not be asked to disclose the sources of his information.1
The view of one Registrar of a High Court (personal view), is that the protection should cover all information (not only the source of information) obtained by the Journalist in confidence.2
The Manipur Bar Association has expressed the view that a qualified privilege should be granted to Journalists who should not be required to disclose the source identity (of informant) or other confidential communications unless disclosure is necessary in the interest of "justice and public good".3
1. Law Commission File No. F.2(2)/83-L.C., S. No. 14.
2. Law Commission File No. F.2(2)/83-L.C., S. No. 12.
3. Law Commission File No. F.2(2)/83-L.C., S. No. 17.