Author: S.MOHAN RAJ, SAVEETHA SCHOOL OF LAW

INTRODUCTION

Medical journalism plays a central role in the discourse of health condition in the society since it attracts attention to the critical health problems, highlights malpractices, and opens the door to the democratization of scientific knowledge. It is a watchdog role in the sense that it educates the masses and keeps different stakeholders responsible and promotes transparency and evidence- based health communication. Nonetheless, medical journalism is based on sophisticated legal and ethical principles, the main ones being patient privacy and data confidentiality protection. The regulatory environment in India with respect to medical journalism and privacy of patients has experienced a radical change due to the influence of technology, government efforts, and global standards. This essay gives an in-depth analysis of legal basis, history, and some of the major government efforts in regard to medical journalism in India. It addresses the problem of the freedom of the press and patient confidentiality, describes the effect of digital media and false information, and presents ethical aspects and professional requirements. Moreover, the essay will be a synthesis of the present regulatory situation of India as compared with medical journalism and patient data privacy practices in other jurisdictions like the United States and the European Union.

HISTORICAL BACKGROUND

Medical confidentiality dates back to millennia ago. The Hippocratic Oath (c. 5th century BCE) codified the requirement to maintain the secrecy of patient information–a practice that would form the basis of professional medical ethics in the world. This spirit made its entry in the statutory jurisprudence in India during colonial times and after independence when around the
statutes such as the Indian Medical Council Act, the Information Technology (IT) Act and judicial pronouncements gave the spirit dialysis patient privacy was based primarily on the professional code and upon the personal judgment of a given physician. Due to the spread of mass media and encrypted health records, the necessity of codified privacy safety measures that could be enforced became especially acute. Scandals in the late 20th and early 21st century involving unauthorized disclosure of patient information (even cases that went to court) fueled demands of legal clarity and modernization.

IMPORTANT GOVERNMENT INITIATIVES

India has initiated some landmark projects:

Information Technology Act (2000) [ Section 43A ] and IT Rules, 2011: A new statutory provision emerged to protect the” sensitive personal data or information ” ( SPDI ) particularly, health data. Data controllers are required to request written authorization prior to collection, describe how data are to be used, and make security measures. Without consent, there must be no disclosure unless in special situations.

National Digital Health Mission (NDHM) and the Ayushman Bharat Digital Mission (ABDM):
Both are landmark programmes that institutionalise patient-centerring-digital health records, explicitly consent-based sharing, control, and right-of-access. Secure health lockers and consentmanagement systems have been introduced by the government to enable the data subject be in control as the government relentlessly pursues the dream of a digitally integrated healthcare
infrastructure.

Personal Data Protection Laws: The Digital Personal Data Protection (DPDP) Act, 2023, which is yet to come into full effect, will offer extensive rights to personal data, tighter purpose limitation, and it also focuses to match Indian standards against best practices around the world. Professional Regulation: Private medical practice is regulated through National Medical
Commission (NMC) and State Medical Councils to ensure the maintainability of patient confidentiality, and require the keeping of a medical secret unless considerations of law or the exceptional pressures of the good of the community override.

TRENDS SHAPING LEGAL ENVIRONMENT

Digital Health & Technology

The privacy was enforced in a complicated manner with the rise of electronic health records, some telemedicine, health apps, and digital prescriptions. Digital formats place the information of patients under the risk of cyberattacks, which is why the necessity to provide strong encryption, audit history, and clear retention/deletion guidelines grows.

Judicial Interpretation

The patient privacy that is guaranteed under Article 21 of the Constitution as a part of patient rights to life and personal liberty has been reaffirmed by the Indian courts on numerous occasions. Watershed judgments( e.g. Mr X v. Rules have prescribed that doctors should no disclose the information about the patients, unless it is in public interest or what the law requires them to do (Hospital Z, 1999).

Ethical / Professional Norms

Informed consent, respecting the autonomy, and strict confidentiality unless the concern of imminent physical harm toward others are highlighted by medical councils and professional societies. Codes of journalism also encourage caution in publishing identifiable information of patients without permission.

Considerations as regards to Public Health

There are often cases when ethical tensions emerge, e.g., disclosure could help to avert an epidemic or third parties are at risk (e.g. communicable diseases). Chaos can be overcome through law, which therefore allows only certain, regulated breaches of privacy, as is required by patient rights against larger health interests.

INDIA AND OTHER JURISDICTIONS AS COMPARITIVE PERSPECTIVES

United States: HIPAA

HIPAA 1996 is considered the yardstick in ensuring the privacy of medical data. The HIPAA is highly regulating the disclosure of so called protected health information (PHI), requires strict audit logs to access reports, and the maximum penalties are severe in the event of known breaches. The health journalists must abide by these restrictions, and offers limitations (including
in the case of reporting on public health) are narrowly defined.

China and Japan: HealthTech regulations

The GDPR is reflected in the Personal Information Protection Law (PIPL) of China and the Act on the Protection of Personal Information of Japan with minor variations related to localization of data. The trend of India is more compliant with these global standards especially the aspect related to consent-based access, clear user rights and notification when breached.

THE LEGAL AND MEDICAL ASPECTS OF MEDICAL JOURNALISM IN INDIA

Statutory Foundations
Indian Medical Council Act/ National Medical Commission Act: This law is obligatory keeping and confidentiality of patient records. It could only be disclosed with patient consent, court order, and some other conditions provided by the law.

Information Technology Act and SPDI Rules: Everybody who has access to patient data, be it the hospitals, insurance companies, or journalists and accesses information about patients online, would have to follow the purpose limitation, consent, and security principles.

Confidentiality and Consent
Medical journalists are doubly burdened: they not only conform to generic privacy law but, responsible journalism, implies:

Not publishing specific details or images of identifiable patients unless sent in with a written agreement of informed consent.

Collection, Use and Reporting of Data Data minimization: Minimal information which is required must be processed.

Specific intent: The consent forms should state how the information is going to be used, any possible risks involved, whom they should be given to, and the right to opt out.

Accuracy: Journalistic integrity also implies that the reports should always be on evidence, but not guesswork, safeguarding both the common good and the individuals.

Redressal: Remedies are available in case the privacy of the individuals whose privacy is violated through irresponsible reporting.

Penalties/Enforcement

Civil Liability: Violation of responsibility entailing remuneration, reproach or removal of professional records.

Criminal Liability: The worst violations (e.g. unauthorized sale of data), can result in prosecution under the penal statutes and IT Act giving rise to imprisonment and fines.

Journalistic Sanctions: There is a Press Council of India that does inquiries into complaints and can censure offending publications.

CURRENT TRENDS

Digital Personal Data Protection Act 2023: This is a paradigm shift as it provides that an individual own their health information and can exercise strong rights of access, correction and even erasure.

Legal Guidelines of Telemedicine: The situation after COVID dictates that legal norms would be in practice concerning online consultations where positive doctor identification needs to be ascertained, digital records need to be retained in a strict manner, and an agreement on how the information is used by the doctors in regard of patient permission needs to be identified.

Ayushman Bharat Digital Mission (ABDM): An entirely government managed voluntary health record system, one that is strictly opt-in, that enables end-user control over who is allowed to access health information (including receiving) across healthcare suppliers and providers.

DIGITAL POLICIES IMPACTING MEDICAL JOURNALISM

Future medical journalism will be greatly affected by digital health policies as the overall quality of medical writing in terms of accuracy, ethical disclosures, and data privacy are developed as well as the expansion of new abilities and wicked problems associated with journalists in the areas of misinformation and access to health information.

CONCLUSION

Patient privacy and medical journalism are the two columns of ethical healthcare communication. Capturing the Indian regulatory experience starting with ethical oaths, followed by the British parliamentary acts and digital mission structures and followed by the current data protection law has some flavor of historic traditions as well as modern state of affairs.
Sound legal principles, online consent regimes and legal acceptance of privacy have paved a good path. However, there are still some obstacles. The weak points in enforcement, the high rate of technological development and stemming the fine art of balancing the factors of the need to be transparent and that of confidentiality are all issues warring vigilance. A positive movement is seen in government actions particularly the ABDM and future DPDP Act. Nevertheless, to ensure that the Indian medical journalism and healthcare and medical communities are respected both nationally and globally, legal literacy, digital security, community education, and cross- disciplinary communication are the essential investments of the modern world. Relative to this, the Indian unique equilibrium of privacy and robust public health flexibilities and progressive digitalization of patients provide a contextually suitable model. As an actor in the global discourse, India as a legal system is a student and a participant haggling with an eye on the future of health communication and concern with human dignity in focus.

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