Delhi HC sets hearing date for 'Right to be Forgotten' case in February

Delhi HC sets hearing date for 'Right to be Forgotten' case in February

The High Court of Delhi has scheduled a batch of petitions for a hearing in February. These petitions seek the removal of online content by invoking the right to privacy and the right to be forgotten. 

Justice Navin Chawla has granted an extension to the involved parties to complete their legal arguments and submissions in the case. Additionally, the Internet Freedom Forum has been permitted to participate by submitting written statements as an intervening party.

One of the petitioners' legal representatives requested the court to issue an order instructing the search engine Google to restrict or remove search results related to specific allegations against their client in a criminal case. This request was made on the grounds that a closure report had been subsequently filed by the investigating agency, suggesting that the allegations were no longer valid or substantiated.

The senior lawyer representing Google, on the other hand, objected to the court granting such relief, especially when the websites, including media websites, hosting the content were not part of the case. The lawyer's argument was that Google should not be used as a censorship tool and should not be made to erase or modify search results, as this would essentially be an attempt to rewrite history.

Justice Chawla acknowledged that while the information published on the websites may have been accurate at the time, the subsequent filing of a closure report rendered the information "incomplete" or outdated in its current context.

The judge stated that there were several individuals who had made valid comments at the time. However, as time has passed, these comments have become incomplete or incorrect in the present context. 

The lawyer representing the central government informed the court that the updated intermediary rules have established a framework that includes mechanisms for addressing grievances and oversight. These mechanisms can be utilized to resolve the issues at hand.

The court, noting that it would consider the cases, ordered that they be scheduled for the next hearing on February 12 and 13 at 2:30 pm.

Among the petitioners is the reality show celebrity Ashutosh Kaushik, who has requested the removal of specific videos, photos, and articles about him from various online platforms. He is invoking the 'right to privacy' and the 'right to be forgotten' as the basis for seeking the removal of this content.

The photos, videos, and articles in question pertain to his arrest for an alleged drunken driving offense in 2009.

Ashutosh Kaushik, who had achieved recognition by winning MTV Hero Honda Roadies 5.0 in 2007 and the second season of Big Boss in 2008, has requested immediate measures to protect his reputation and dignity. He is seeking the removal of his videos, photos, and related articles from various online platforms to achieve this goal.

In addition to the requests related to personal content removal, some of the petitions also pertain to the removal of court orders from websites.

 

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