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Balancing Individual Privacy with Press Freedom

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Balancing Individual Privacy with Press Freedom
Balancing Individual Privacy with Press Freedom

Alan F. Westin, a privacy expert at Columbia University, once wrote: Privacy is the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others (self information control right). In this age of mass media, individual privacy has become a casualty of journalists’ feeding frenzy and it has become really hard for societies to determine the nature and process of information in the public domain. In this article I reflect on the problem in Nepal’s context.

Despite being a social animal, every human being seeks seclusion and solitude within the open mirror of society. Privacy is inherent in the behavior of human beings. Every human being needs autonomy, self-determination, and respect for his/her dignity. These factors inspire and compel her/him to make a shell of an individual. Privacy recognizes individual and social entity in the society. Hence, Privacy has been recognized and guaranteed today in many countries as a fundamental right of individuals.

Privacy incorporates, from the rights perspective, an individual’s life, residence, property, documents, correspondence, and private information. Due to established values of a male-dominated society, in particular, women in Nepal are more vulnerable regarding their privacy. Many traditional, cultural and religious prejudices against women emphasize maintaining women’s chastity. To save her public dignity and sanctity, a woman has to hide herself beneath the curtain of privacy.

There is no dearth of laws on women’s privacy rights, though. Special provisions regarding privacy of women are included in the Nepali law (examples include State Cases Act 2049, Muluki Ain 2020 and Police Act 2012). Likewise, international instruments also have special provision regarding women's privacy such as the four Geneva Conventions. Increasingly, as the mass media expand, the right to freedom of

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