The Right to Privacy V/S National Security: Examining Media Surveillance Laws in India

This research examines the intricate legal and ethical issues of right to privacy versus national security in the context of media surveillance acts in India. Since surveillance activities with the use of the digital platform have been becoming increasingly prevalent, concerns about the constitutional validity, transparency, and proportionality of state-regulated media monitoring procedures have been arising. The article examines the laws that form the basis of Indian surveillance in the form of the Information Technology Act (2000), the Telegraph Act (1885), the Aadhaar Act, and the forthcoming Personal Data Protection Bill. The laws are examined against Article 21 of the Indian Constitution and the Supreme Court judgment in Justice K.S. Puttaswamy v. Union of India (2017), which established privacy as a constitutional right. The study employs qualitative, doctrinal research method founded on content analysis of legislative documents, case law, policy guidelines, and secondary scholarly literature. Comparative insights are made from foreign surveillance models to contrast India's model against a comparative model. The evidence shows serious legal and ethical issues, specifically the absence of judicial review, transparency gaps, and chilling effects on freedom of the press. The evidence points towards a rebalanced regime of surveillance based on accountability, democratic protection, and constitutional fidelity.