GS 2: PolityGS 2: Social JusticeEthics

Right to be forgotten: Apex court to examine if it applies to online news, Pg9

Supreme Court examines 'Right to be Forgotten' applicability on online news, balancing privacy with freedom of press after discharge.

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Key Highlights:

  • The Supreme Court is examining whether the "right to be forgotten" (RTBF) applies to online news reports, particularly after an accused is discharged.
  • The case involves a banker who sought the removal of news reports after being discharged in a money laundering investigation.
  • The Delhi High Court had previously ordered the removal of certain URLs, citing the individual's right to dignity and reputation under Article 21.
  • The Indian Express is challenging the High Court's decision, arguing it sets a "dangerous precedent" that could suppress factual reporting.

Detailed Insights:

  • The dispute originated from a defamation suit filed by a banker seeking the removal of three news reports published between 2020 and 2024.
  • These reports were based on public records, including Enforcement Directorate (ED) press releases and court proceedings, and were accurate when published.
  • The Patiala House court initially granted an interim injunction in November 2025, ordering the removal of the URLs, citing potential harm to the banker's reputation.
  • The petitioner argues that the High Court's order could lead to the concealment of matters of public record and public interest, distorting history and creating a chilling effect on the freedom of the press.
  • The Supreme Court has stayed the Delhi High Court judgment, clarifying that the order will not operate as a precedent, and has listed the matter for further hearing on March 16.
  • The "right to be forgotten" is considered a facet of the Right to Privacy and the Right to Life and Dignity under Article 21 of the Constitution.

Key Concepts Involved:

  • Right to be Forgotten (RTBF): The right to have personal information removed from internet searches and other directories.
  • Article 21: A fundamental right in the Indian Constitution guaranteeing the right to life and personal liberty.
  • Defamation: The act of harming the reputation of someone by making false statements.
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