Re: Highly objectionable public notice about an allegedly HIV infected person !

[Guest guest]

Dear All,

/message/11468

It is really  HIghly objectionable public notice about  HIV infected person with

his photograph.

It is urgently needed to make some HIV/AIDS Policy on such issues specially for

PRESS  & its advertisements.

Dr U C Yadav

MPSACS

e-mail: <drucyadav@...>

[Guest guest]

Dear all,

Re: /message/11468

Not only is this act objectionable but I believe it is also legally punishable

under Section 72 of Information and Technology Act 2000 ( we would like to hear

inputs from a lawyer in this forum e.g. someone from HRLN or Lawyers Collective)

___________________________________________________________________

Section 72. Penalty for breach of confidentiality and privacy

Save as otherwise provided in this Act or any other law for the time being in

force, any person who, in pursuance of any of the powers conferred under this

Act, rules or regulations made thereunder, has secured access to any electronic

record, book, register, correspondence, information, document or other material

without the consent of the person concerned discloses such electronic record,

book, register, correspondence, information, document or other material to any

other person shall be punished with imprisonment for a term which may extend to

two years, or with fine which may extend to one lakh rupees, or with both.

_________________________________________________________________

This forum should collectively stand against this and make an effort to take

legal actions against the owner and editor of Mid-day.

In solidarity,

--

Dr. Nochiketa Mohanty, MBBS, MPH, MBA

email: dr_nochiketa@...

[Guest guest]

Dear All

Re: /message/11468

I strongly agree with Dr.Yadav, Nochiketa...It is a violataion of Human Rights

and Ethics. We are angry of course...but then again maybe somehow we have failed

in sentizing the newspapers enough about the seriousness of the issue.

What do the Forum suggest

Action against the paper? or sensitization..or rather RESENSITIZATION..

Regards

Dr.Quazi Toufique Ahmed

West Bengal

e-mail: <drtoufique@...>

[Guest guest]

Dear all,

Re: /message/11468

I have written a letter to the editor, as follows, and suggest that more of us

do the same:

The link to the letter to the editor is -

http://www.mid-day.com/send_to_editor.php

This is what I sent -

I speak for many who are appalled at the issuing of a public notice bearing the

personal details of an individual alleged to be " affected with HIV positive " in

your Mumbai edition of Mid-Day on May 15, 2010.

While legal recourse to this gross violation of human rights may be limited

insofar as the HIV/AIDS bill is still in the pipeline, one would expect that

editors would have the basic foresight, knowledge, and sensitivity to refrain

from publishing such a discriminatory notice. The mentioned individual and the

broader Indian public are warranted at the least a retraction and an apology,

although an egregious act like this deserves more severe (legal) sanction.

For me, an HIV/AIDS researcher with a particular interest in reducing stigma,

this is a deeply dismaying development. It shows just how much more needs to be

done, not just in 'targeted' ways, but more broadly in the Indian populace.

I think this is a rude wake-up call to all of us that we need to do more.

Devaki Nambiar, PhD

HIV Center for Clinical and Behavioral Studies, NYC, USA

e-mail: <devaki_nambiar@...>

[Guest guest]

Dear all,

Re: /message/11468

It has been opined by many that a case should be registered in

this regard with the Press Council of India and the State Human Rights

Commission, both against the paper as well as the person who has put the

advertisement in.

Breach of confidentiality and intrusion into privacy are punishable offence as

per the new 'Information Technology Act'.

The publisher should definitely be proceeded against for violation of

Guidelines provided for under " The Press Council of India's norms of

Journalistic conduct " , as also for violation of " Code of Ethics for

Advertising in India " , issued by Advertising Std. Council of India

apart from other other remidies available under the Law.

Dr. Rajesh Gopal,MD

Gujarat State AIDS Control Society (GSACS),

Gujarat State Council for Blood Transfusion(GSCBT),

Block O/1 Block,New Mental Hospital (NMH) Complex,

Opposite National Institute of Occupational Health (NIOH),

Meghaninagar, Ahmedabad, Gujarat, India. PIN 380016

Phone(O)91-79-22680211--12--13,22685210 Facsimile 91-79-22680214

e-mail: <dr_rajeshg@...>