SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION
to do so in a timely manner. In cases where the illegality of the disputed content is not so clear,
a judge should adjudicate the controversy. This criteria was ratified by the Supreme Court in the
Denegri case, when adjudicating a “right to be forgotten” petition by a public figure it refused
to grant relief, considering that the right has not been created by the legislator and that freedom
of expression standards prevent a public figure who is embarrassed by old footage of her participating in a scandalous talk show to have that footage de-indexed from search engines and video
hosting services 7.
In India several cases have considered “right to
In India several cases have
be forgotten” claims, in some cases involving content
considered “right to be
produced willingly but which consent for its distribution was later retrieved and another case involving
forgotten” claims, in some
a case of a blatant violation of privacy rights of a
cases involving content
victim of sexual violence. In Rout v. State of Odisha,
produced willingly but which
the High Court of Orissa reaffirmed the need for the
legislative recognition of the “right to be forgotten”
consent for its distribution was
while refusing to grant bail to a petitioner in a rape
later retrieved and another
case. The accused was charged with raping a woman
case involving a case of a
and uploading a video of the incident on Facebook to
harass the victim. He then applied for bail in the High
blatant violation of privacy
Court, which refused to grant it due to the heinousrights of a victim of sexual
ness of the crime. The tribunal also commented that
violence.
the “right to be forgotten” is an integral part of the
right to privacy and that there must be a mechanism
through which a victim can protect her privacy by having the content deleted from servers of
intermediaries. The Court held that in cases where a victim’s right to privacy has been gravely
violated, the victim or the prosecution may approach a Court to seek appropriate orders and have
the infringing content removed from public platforms—irrespective of the ongoing criminal
process.
In X v. YouTube, the High Court of Delhi upheld an actress’ right to privacy under Article 21 of
the Indian Constitution. Therefore, the Court directed Internet intermediaries as well as websites
to take down the explicit videos, which had been uploaded on to multiple video-sharing platforms
without her consent. The actress sued the defendants after they failed to remove multiple explicit
clips of her, which were originally filmed for the purposes of a potential lead role in a web series.
While the producer of the videos took down his footage soon after the actor complained, the defendants did not, which the actor argued was in breach of her “right to be forgotten” and, more broadly,
her right to privacy. While the actor may have consented to the video shooting, the Court found her
consent to have since been expressly withdrawn, as the producer of the series had also removed the
videos upon her request. Although the Court was conscious that there is no statutory “right to be
7
The case has not yet been included in the database.
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