Friday, December 28, 2018

Explanation and basis on which cases are cited in this BLOG ?


Explanation and basis on which cases are cited in this blog ?

The Section 52(1)(q)(iv) of the Copyright Act states that publication of court judgments does not constitute an infringement of Copyright.
Also in R. Rajagopal vs State Of T.N on 7 October, 1994 where the Supreme Court defined the scope of the Right to Privacy, it held that publication of court records will not constitute any violation of the right to privacy. It held:

“ The rule aforesaid is subject to the exception, that any publication concerning the aforesaid aspects becomes unobjectionable if such publication is based upon public records including court records. This is for the reason that once a matter becomes a matter of public record, the right to privacy no longer subsists and it becomes a legitimate subject for comment by press and media among others. We are, however, of the opinion that in the interests of decency [Article 19(2) an exception must be carved out to this rule, viz., a female who is the victim of a sexual assault, kidnap, abduction or a like offence should not further be subjected to the indignity of her name and the incident being publicised in press/media”

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