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Report No. 93

Disclosure of Sources of Information by Mass Media

Contents
Chapter 1 Introductory
1.1 Scope and genesis
2. Position in law
3. Journalistic practice
4. The move for reform
5. Report on the Evidence Act
6. Scheme of discussion
Chapter 2 The Legal Obligation to Give Evidence
2.1. The general position
2. The exceptions
3. Indian law
4. The privilege in law
5. Right of public to every man's evidence
6. History of the law in England
7. Position in India-general obligation
8. Consideration of public policy as creating privilege
9. Wigmore's statement of the rationale
Chapter 3 Evidentiary Privileges in India, and Their Rationale
3.1. The exceptions to the general rule
2. The binding thread
3. The rationale as dealt with in the California Evidence Code
4. Core of the privilege of journalists
5. No privilege in India for journalists
6. Provision in the Press Council Act, 1978
Chapter 4 English Law
I. The Common Law Rule
4.1. Journalistics ethics and legal position
2. The common law rule
3. Power to demand disclosure of sources
4. Judicial attitudes
5. Official Secrets Act, 1920
II. The Judicial Attitude
6. Professional relationships and its protection
7. Dicta in cases decided in 1963-The element of discretion
8. Ruling by Mr. Justice James
9. House of Lords case of 1977
10. Shawcross's view
11. Attorney-General's statement
12. Disclosure of reporter's name
13. Granada case-Discovery of confidential information
14. Summary of the position as to journalists in England (Common Law)
III. English Statutory Provision of 1981
15. English Act of 1981
IV. Obligation of Disclosure-extent of
16. No general duty in England
V. Disclosure in Libel Actions
17. Libel actions
18. Supreme Court rule as to discovery in libel actions
19. Infringement of copyright
VI. The Press Council of U.K.-comments on Disclosure of Sources
20. The Press Council (U.K.)
VII. Medical Records
21,22. Physician and patient
VIII. Contemptuous Matter
23 Protection against disclosure
24. English cases of theft of documents
Chapter 5 Commonwealth Countries
5.1. Australia
2. Ruling in New South Wales
3. Ruling in New South Wales and Australian Capital Territory
4. Position in Australia as to clergyman and physician
5. Position in Canada
6. Obiter dicta in Supreme Court case (Canada)
7. Ontario view
8. Actions for defamation in Canada
9. Proposed Evidence Code (Canada)
Chapter 6 Position in The United States
I. First Amendment
6.1. Introductory
2. The First Amendment and the judgment in Branzburg
II. tate Laws (Shield Laws in U.S.A.)
3. Position under State Laws in U.S.A
4. State Laws in U.S.A
5. Clauses of publications protected in U.S.A
6. Classes of persons protected in U.S.A
7. Matter protected in U.S.A
8. Requirement of confidentiality in U.S.A
9. Quality or status of the privilege in U.S.A
10. Effect on flow of news
III. Some Decided Cases in U.S.A.
11. Case law in U.S.A
12. Want of materiality (First Amendment) applied
13,14. Case of 1977
IV. Libel Actions
15,16. Libel actions (First Amendment applied)
V. Recent Developments in U.S.A.
17 Recent developments-California
18,19. Farber case-Recent Development (New Jersey)
VI. Model Contract in U.S.A.
20. Model contract in U.S.A
VII. Directive of Justice Department
21. Directive by Justice Department
VIII. Opinion Survey
22. Opinion poll of 1979
Chapter 7 The Issues for Consideration
7.1. Matters of detail requiring consideration-classes of persons to be protected
2. Classes of publications to be considered for protection
3. Classes of matter to be protected
4. Types of proceedings to be covered
5. Privilege or discretion
6. Waiver of the privilege
7. Opinions invited
Chapter 8 Comments Received on The working Paper
8.1. Comments on the Working Paper-General description and views on first question
2. Comments received on the second question
3. Comments received on the third question
4. Comments received on the fourth question
5. Comments received on the fifth question
6. Comments received on the sixth question
Chapter 9 Recommendations
9.1. Persons to be covered
2. Publications to be covered
3. Matter to be protected
4. Types of proceedings
5. Status of the protection
6. Waiver irrelevant
7. Recommendation for amending the Evidence Act
8. Recommendation to amend the two Codes of Procedure to provide for appeal against order under proposed section 132A, Evidence Act


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