oppn parties Any Law On The Right To Be Forgotten Must Be Balanced

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  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
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  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
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Any Law On The Right To Be Forgotten Must Be Balanced

By Sunil Garodia
First publised on 2020-11-26 07:50:42

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Odisha High Court has done a signal service to social media and other internet users by highlighting the absence of a law on the right to be forgotten. This is a contentious issue which has plagued users of social media for long. The European Union and some other countries have passed strict laws to protect the privacy of the individual and all internet companies have to comply with them. But the rest of the world, including India, has done precious little to protect the privacy of citizens.

As one browses the internet, one leaves footprints that are almost impossible to erase. Apart from that, others also upload documents, pictures and information that might not show one in the best of light. One might want not to have such information available to others on the internet, either through search engines or otherwise. But, as of now, one has little choice and almost no say on what material can stay uploaded and what one can get removed since there is no law on the subject.

The Odisha High Court was hearing a case where a man, who had been arrested for posting sexually-explicit content with an ex-lover which he had surreptitiously recorded, was seeking bail. Justice S K Panigrahi denied him bail and said that "if the right to be forgotten is not recognized in matters like the present one, any accused will surreptitiously outrage the modesty of a woman and misuse the same in cyber space unhindered". Justice Panigrahi also made the point that even if consent was given to record the sexual act, it was not for public consumption. He observed that "capturing images and videos with consent of the woman cannot justify the misuse of such consent once the relation between the victim and the accused gets strained as it happened in the present case". He was of the opinion that the victims have the right to be forgotten as a right 'in rem'.

Although the debate about the right to be forgotten has been raging for quite some time now, this the first time a constitutional court has spoken in favour of having a law on the subject. The legislature must pay heed and think about enacting a law on the lines of General Data Protection Regulation (GDPR) in Europe. Any content published on the internet stays forever unless specifically removed from all places where it has been shared or forwarded. It can be searched and found by anyone. Therefore, its power to embarrass, threaten, defame, harm or insult the subject is perpetual. Hence, the right to be forgotten and getting such offensive content removed must be made an integral part of the right to privacy. But care must be taken to ensure that any law enacted on the subject is not misused to curb the right to freedom of speech and expression. The legislature will have to strike a between the right of information and the right to be forgotten. 

picture courtesy: electronicsweekly.com