the search engines to publish and transmit the same on YouTube. She has
also clearly stated in the plaint that the producer had actually uploaded
the suit videos on his YouTube channel and the website, but as soon as
she objected to it, he had taken them down. Now, if others were
circulating the same for obvious monetary and other prurient benefits, the
plaintiff cannot be denied any relief during the pendency of the suit.
16.
This court in Zulfiqar Ahman Khan (supra) had taken note of the
impact of publication on the personal and professional life of the plaintiff
and had issued interim orders to prevent further irreparable damage by
stopping republication. There it was the publication of articles. In the
present case, it is explicit videos that are being circulated, having a clear
and immediate impact on the reputation of the person seen in the videos
in a state of nudity. The plaintiff in this case has not permitted even the
producer of the videos to publish them on his YouTube channel and
website and the producer has respected her decision and protected her
sentiments by taking down the videos. The producer could have at least
claimed that she had consented to filming her in the nude. But, he has
acted on her request. The defendants have no such consent in their favour.
17.
It is true that the High Courts of Madras and Orissa have held that
there is no statutory right to be forgotten. However, at this stage, this
Court is not coming to any final conclusions. But, following the view
taken by a co-ordinate Bench of this court in Zulfiqar Ahman Khan
(supra) that the “right to privacy” includes the right to be forgotten and
the right to be left alone as “inherent aspects”, this Court is also of the
opinion that the right to privacy of the plaintiff is to be protected,
Signature Not Verified
CS (COMM) 392/2021
Signed By:MANJEET KAUR
Signing Date:24.08.2021
22:42:46
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