NEW DELHI, MAY 27: The secret videotaping has rendered Tehelka.com and Manoj Prabhakar vulnerable to being sued by the affected parties for at least three civil offences (or torts): Invasion of privacy, breach of trust and defamation.The quantum of the damages that can be sought in civil suits is determined by the gravity of the offence and the status of the plaintiff.Tehelka.com and Manoj Prabhakar are also liable to face criminal proceedings on the charge of defamation, which is punishable with fine or imprisonment upto two years.Here's an observation of the US court of appeals dealing with a situation similar to what happened today: ``One who invites another to his home or office takes a risk that the visitor may not be what he seems and that the visitor may repeat all he hears and observes when he leaves. But he does not and should not be required to take the risk that what is heard or seen will be transmitted by photographs or recording or in our modern world, in full living colour and hi-fi to the public at large and to any segment of it that the visitor may select. The First Amendment (US Constitution) has never been construed to accord newsmen immunity from torts or crimes committed during the course of newsgathering. The First Amendment is not a licence to tresspass, to steal or to intrude by electronic means into the precincts of another's home or office. It does not become such a licence simply because the person subjected to the intrusion is reasonably suspected of committing a crime.'' The US court made this observation in1971 in a case against Time magazine.
