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Chapter-8 Privacy Relating to Character

  1. To have privacy of character: (1) Every person shall have the right to maintain privacy of his or her character, personal conduct and behavior.

(2)        Except in the case of taking action under law by inquiring into any question that is raised regarding the character, conduct or behavior of any person, no person shall make any comments on the character of that person.

(3)        No person shall do any kind of act or action so as to affect the character of any person, defame or insult him or her, harm his or her self-esteem or affect in his or her family life, or publish, or cause to be published, any matter relating to his or her conduct or behavior.

  1. Not to take or sell photograph: (1) No person shall take photograph of any person without his or her consent so as to damage his or her character or social prestige, or make another picture by putting picture of other person together with his or her picture by any way with the intention to defame him or her or to make another picture by mixing some part of the picture of one person with another part of the picture of another person, or publish or cause to be published or made public the same.

(2)        Notwithstanding anything contained in sub-section (1), if the picture of another person in the same place also happens to be taken by anybody while taking the picture of any public place or any person, it shall not be deemed to be the offence.

Provided that the picture happened to be so taken also shall not be used is contrary to sub-section (1).

(3)        No person shall publish, disseminate, buy, sell or publish the picture of any person that has been taken without obtaining his or her consent with the intention to annoy, distress or take any improper advantage or get profit by making commercial use of the picture, or cause such act to be done.

  1. Not to make the person under investigation public: Until the charge sheet has been filed in the concerned body regarding the offence of which any person under investigation in accordance with the law has been accused, the authorized official shall not make him or her public in any manner.

Provided that it shall not bar to publish the name of such accused person and detail or information of the charge against him or her.

  1. Not to disclose confidential matter: If any person has obtained any matter relating to the conduct of anyone from any other person in the course of his or her professional duty, that person shall not disclose such matter to anyone except where the concerned person has so consented or order has been made by the authorized official to that effect.