| 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 |
