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Report No. 93

8.6. Comments received on the sixth question.-

The sixth and the last question put forth in the Working Paper was, whether the privilege should be allowed to be waived, and if so, by whom the journalist, the employer or the informant? The view expressed by Shri Sahai in his article is that "without the informant's consent, no body should have the right (to waive). If he (the informant) has waived his right, the editor or publisher may use his discretion."1

In the reply of one Registrar of a High Court (personal view) it is stated that the privilege should be capable of being waived by the journalist.2

1. Shri Sahai's Article in the Statesman (7th April, 1983).

2. Law Commission File No. F.2(2)/83-L.C., S. No. 12.

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