the express authorization of an order of the Court (article 47(b)). However, there were
instances where law enforcement officials violated these constitutionally guaranteed rights.
It is also observed that the right to freedom of expression guaranteed by the Constitution is
being misused to defame various public figures. Likewise, it has become a common
occurrence to report unfound allegations on television channels, radios and in print media.
Furthermore, public rallies organized by political parties have also become a common place
to infringe people’s privacy. Following are areas that need to be improved to ensure the
right to privacy guaranteed and obligated in the Constitution and ICCPR.
Communications Monitoring
124. With the new found freedom of media in the country, incidents of media violating the
right to privacy is also becoming more common and violations of privacy by media are
generating fear among public about the illegal monitoring of private communications of
individuals by the law enforcement authorities. Although, MPS had investigated the above
mentioned cases of the leaked audio clips, their findings are not made public, adding up to
the fear and uncertainty among them. The HRCM has expressed concern in its Annual
Report 2010 about publicizing “personal telephone calls” and “other types of private
conversation” between people by the media and also about the MPS not disclosing their
findings in relation to the investigation.
125. The State must ensure right to privacy and that private communications are not
monitored illegally and released to the general public by the authorities.
Chapter: Article 17: Right to Privacy
123. The public have been suspicious and accusing authorities for monitoring communication
between individuals. However, until July 2010, no clear evidence to favor such allegations
has been submitted. In July 2010, with the leakage of private conversations between some
members of Parliament and other politicians, personal conversations are no longer believed
to be private. The issue became known when three recordings of telephone conversations
between members of Parliament appeared on the internet in July 2010 and the local
television stations including national television, broadcasted them. The only authorities that
can legally monitor communication between individuals and groups are MPS and MNDF.
Often both these authorities are being suspected for the leakage of private conversations
between members of Parliament and other politicians as well as other individuals.
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